NHS Strategic Capital Investment meeting minutes 2023/2024: FOI release

Information requested

The NHS Strategic Capital Investment meeting minutes. Which took place in 2023 & any meetings which have taken place place in 2024.

Response

I enclose a copy of some of the information you requested in the attached Annex.

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:

• Section 30(b) (Free and frank provision of advice or exchange of views)
• Section 38(1)(b) (Personal Data relating to a third party)

The reason these exemptions apply is set out below.

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 30(b) - Free and frank provision of advice or exchange of views

An exemption under Section 30(b) (substantial inhibition to free and frank provision of advice or exchange of views) 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.

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 202400404656 - Information Released - CIG minutes

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PDF

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295.7 kB