Various health related requests: FOI release

Information requested

1. Could you supply all correspondence sent and received by the Scottish Government, including internally, briefings, analysis and minutes/notes from meetings, about the Scottish Drugs Forum, from the last six months?

2. Could you supply all correspondence sent and received by the Scottish Government, including internally, briefings, analysis and minutes/notes from meetings, about Project Adder, from the last six months?

3. Could you supply all correspondence held and minutes from and about Michael Matheson's meetings with hospitals on January 15?

4. How much did the Walk Like a Penguin campaign cost, with a breakdown of these costs?

5. Could you supply all correspondence sent and received by the Scottish Government, including internally, briefings, analysis and minutes/notes, about Scotland's legallybinding treatment time guarantee, from the last six months?

6. Could you supply all correspondence sent and received by the Scottish Government, including internally, briefings, analysis and minutes/notes, about the pause on all hospital and health capital projects, from the last six months?

Response

1. Could you supply all correspondence sent and received by the Scottish Government, including internally, briefings, analysis and minutes/notes from meetings, about the Scottish Drugs Forum, from the last six months?

While our aim is to provide information whenever possible, in this instance the costs of locating, retrieving and providing the information requested would exceed the upper cost limit of £600. The reason for this is that to locate and retrieve that information we would need to conduct a search of all of the records of the Scottish Government. It may help if I explain that we file our information according to the subject matter, not by reference to the names of organisations with whom we have corresponded. Under section 12 of FOISA public authorities are not required to comply with a request for information if the authority estimates that the cost of complying would exceed the upper cost limit, which is currently set at £600 by Regulations made under section 12.

You may, however, wish to consider reducing the scope of your request in order that the costs can be brought below £600. For example, you could specify the subject matter(s) of the correspondence you are interested in or restrict your request to a specific business area of the Scottish Government, as this would allow us to limit the searches that would require to be conducted. You may also find it helpful to look at the Scottish Information Commissioner’s ‘Tips for requesting information under FOI and the EIRs’ on his website at: https://www.itspublicknowledge.info/how-do-i-ask.

2. Could you supply all correspondence sent and received by the Scottish Government, including internally, briefings, analysis and minutes/notes from meetings, about Project Adder, from the last six months?

We hold no information in relation to this request.

3. Could you supply all correspondence held and minutes from and about Michael Matheson's meetings with hospitals on January 15?

All of the information you have requested is available from The Scottish Government website at Section 1a and 1b of the previously issued FOI response: FOI+202400394225+Information+Released+-+Documents.pdf (www.gov.scot). Under section 25(1) of FOISA, we do not have to give you information which is already reasonably accessible to you. If, however, you do not have internet access to obtain this information from the website(s) listed, then please contact me again and I will send you a paper copy.

4. How much did the Walk Like a Penguin campaign cost, with a breakdown of these costs?

While our aim is to provide information whenever possible, in this instance the Scottish Government does not have the information you have requested. However, you may wish to contact NHS Greater Glasgow and Clyde NHSGGC, at foi@ggc.scot.nhs.uk, who may be able to help you. The reasons why we don’t have the information are explained in Annex A to this letter, attached in a separate document.

5. Could you supply all correspondence sent and received by the Scottish Government, including internally, briefings, analysis and minutes/notes, about Scotland's legallybinding treatment time guarantee, from the last six months?

While our aim is to provide information whenever possible, in this instance the costs of locating, retrieving and providing the information requested would exceed the upper cost limit of £600. The reason for this is that to locate and retrieve that information we would need to conduct a search of all of the records of the Scottish Government. It may help if I explain that we file our information according to the subject matter, not by reference to the names of organisations with whom we have corresponded. Under section 12 of FOISA public authorities are not required to comply with a request for information if the authority estimates that the cost of complying would exceed the upper cost limit, which is currently set at £600 by Regulations made under section12.

You may, however, wish to consider reducing the scope of your request in order that the costs can be brought below £600. For example, you could specify the subject matter(s) of the correspondence you are interested in or restrict your request to a specific business area of the Scottish Government, as this would allow us to limit the searches that would require to be conducted. You may also find it helpful to look at the Scottish Information Commissioner’s ‘Tips for requesting information under FOI and the EIRs’ on his website at: https://www.itspublicknowledge.info/how-do-i-ask.

6. Could you supply all correspondence sent and received by the Scottish Government, including internally, briefings, analysis and minutes/notes, about the pause on all hospital and health capital projects, from the last six months?

I enclose a copy of some of the information you requested at Annex B, attached in a separate document from 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:

• Section 38(1)(b) (Personal Data relating to a third party)
• Section 29 (1)(a) (Formulation or development of Scottish Government Policy)
• Section 25 (1) (Information otherwise accessible)

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 25 (1) – 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: Major Capital Projects Scottish Government update January 2024 | Scottish Parliament Website Director of Health Finance.dot (argyll-bute.gov.uk) Scottish NHS new building projects delayed for two years | Construction Enquirer News.

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 - 202400415820 - Information released - Annex A & Annex B

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4 page PDF

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126.9 kB