Public health supplement, Edinburgh Castle's Redcoat Cafe and Monklands hospital: FOI release

Information requested

1. All correspondence received and sent by the Scottish Government, including internally, all minutes, notes and analysis done, including minutes from meetings, about plans for a public health supplement, as evidence here: https://www.dailyrecord.co.uk/news/politics/snp-ministers-consider-tax-shopping-31806386 31806386, between December 1 2023 and the date of this FOI.

2. All correspondence received and sent by the Scottish Government, including internally, all minutes, notes and including minutes from meetings, about Redcoat cafe in Edinburgh Castle, between January 1 2024 and the date of this FOI.

3. All minutes from the NHS Lanarkshire briefing on February 14/15 about Monklands hospital and any notes you hold about the delay in building a replacement, including correspondence about this between November 1 2023 and the date of this FOI.

Response

1. I enclose some of the information you have requested in the attachments to this letter.

While our aim is to provide information whenever possible, in this instance we are unable to provide some of the information you have requested because exemptions under the following sections of FOISA applies to that information:

• s.38(1)(b) (personal data of a third party)
• s.29(1)(a) (policy formulation)
• s.30(b)(i) (free and frank provision of advice)
• s.30(b)(ii) (free and frank exchange of views)

The reason these exemptions apply is set out below.

Some of the information in some of the documents is not considered to be within scope of your request, as it is about a different topic, and has therefore been redacted.

2. I enclose a copy of the information you requested in the attachments to this letter.

While our aim is to provide information whenever possible, in this instance we are unable to provide some of the information you have requested because exemptions under the following sections of FOISA applies to that information:

• s.38(1)(b) (personal data of a third party)

The reason this exemption applies is set out below.

Some of the information in some of the documents is not considered to be within scope of your request, as it is about a different topic, and has therefore been redacted.

3.I enclose a copy of the information you requested in the attachments to this letter.

While our aim is to provide information whenever possible, in this instance we are unable to provide some of the information you have requested because exemptions under the following sections of FOISA applies to that information:

• s.38(1)(b) (personal data of a third party)
• s.25(1) (information otherwise accessible)
• s.30(b)(i) (free and frank provision of advice)
• s.30(b)(ii) (free and frank exchange of views)

The reason these exemptions apply are set out below.

Some of the information in some of the documents is not considered to be within scope of your request, as it is about a different topic, and has therefore been redacted.

An exemption applies under Section 38(1)(b) - Personal data relating to a third party

An exemption under Section 38(1)(b) of FOISA (personal information) applies to some of the information requested because it is personal data of a third party, i.e. the names and contact details of individuals, and disclosing it would contravene the data protection principles in Article 5(1) of the General Data Protection Regulation and in section 34(1) of the Data Protection Act 2018.

This exemption is not subject to the ‘public interest test’, so we are not required to consider if the public interest in disclosing the information outweighs the public interest in applying the exemption.

An exemption applies under Section 29 (1)(a) – Formulation or development of Scottish Government Policy

An exemption under section 29(1)(a) of FOISA (formulation / development or development of government policy) applies to some of the information requested.

This exemption is subject to the 'public interest test'. Therefore, taking account of all the circumstances of this case, we have considered if the public interest in disclosing the information outweighs the public interest in applying the exemption. We have found that, on balance the public interest lies in favour of upholding this exemption. We recognise that there is a public interest in disclosing information as part of open, transparent and accountable government, and to inform public debate. However, there is a greater public interest in high quality policy and decision-making, and in the properly considered implementation and development of policies and decisions.

An exemption applies under Section 30(b) - Free and frank provision of advice or exchange of views

An exemption under Section 30(b) of FOISA applies to some of the information requested.

This exemption is subject to the ‘public interest test’. Therefore, taking account of all the circumstances of this case, we have considered if the public interest in disclosing the information outweighs the public interest in applying the exemption. We have found that, on balance the public interest lies in favour of upholding these exemptions. We recognise that there is some public interest in releasing this information however, there is a need for Ministers and officials to have a private space to seek advice, exchange views and discuss options before reaching a settled public view. Disclosing the content of such advice and discussions would substantially inhibit the free and frank provision of advice and exchange of views in the future.

An exemption applies under Section 25(i) - Information otherwise accessible

Section 25 of the Freedom of Information (Scotland) Act 2002 (FOISA) exempts information from disclosure where the requester can obtain the information without asking for it under FOISA.

The information you requested that is otherwise accessible can be found here:
Monklands hospital branded 'death trap' as leaked report shows asbestos and legionella outbreaks - Glasgow Live

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at http://www.gov.scot/foi-responses.

FOI 202400400998 - Information released - Attachments 1 - 5

File type

273 page PDF

File size

3.6 MB