Communications regarding Long Covid: FOI release

Information requested

1. Any record of communication (WhatsApps, emails, etc) sent and received by Jenni Minto (Minister for Public Health) on the topic of long covid between 29 March 2023 and the current date.

2. How many complaints has Ms Minto received from long COVID sufferers during this time frame?

Response

1. Any record of communication (WhatsApps, emails, etc) sent and received by Jenni Minto (Minister for Public Health) on the topic of long covid between 29 March 2023 and the current date.

I enclose a copy of most of the information you requested.

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 an exemption(s) under section(s) s.25(1) Information otherwise accessible or intended for publication, s.29(1)(a) Formulation or development of Scottish Government policy, s.30(b)(ii) Free and frank exchange of views for the purposes of deliberation, s.36(1) Confidentiality in legal proceedings and s.38(1)(b) (personal data the disclosure of which would contravene data protection principles) of FOISA applies to that information.

The reasons why that exemption(s) applies are explained in the Annex to this letter.

2. How many complaints has Ms Minto received from long COVID sufferers during this time frame?

The Scottish Government does not have the information you have asked for because we do not hold a recorded breakdown of the correspondence that the Minister for Public Health and Women’s Health has received in relation to long COVID, categorised by themes or sub-types.

This is a formal notice under section 17(1) of FOISA that the Scottish Government does not have the information you have requested.

Annex

s.25(1) Information otherwise accessible or intended for publication

Some of the information you have requested is available from the Scottish Parliament website at;
https://www.parliament.scot/-/media/files/committees/covid19-recoverycommittee/correspondence/2023/scottishgovernment-response-long-covid.pdf

https://digitalpublications.parliament.scot/Committees/Report/CVDR/2023/4/26/3f31d972-6497-4e89-b77a-07c03ffa5c10

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.

s.29(1)(a) Formulation or development of Scottish Government policy

An exemption under section 29(1)(a) of FOISA (formulation or development of government policy) applies to some of the information requested because it relates to the development of the Scottish Government’s policy on supporting NHS Boards to respond to the healthcare needs of people living with long COVID.

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 the 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. This means that Ministers and officials need to be able to consider all available options and to debate those rigorously, to fully understand their possible implications. Their candour in doing so will be affected by their assessment of whether the discussions on supporting NHS Boards to respond to the healthcare needs of people living with long COVID will be disclosed in the near future, when it may undermine or constrain the Government’s view on that policy while it is still under discussion and development.

s.30(b)(ii) Free and frank exchange of views for the purposes of deliberation

Exemptions under sections 30(b)(i) and 30(b)(ii) of FOISA (free and frank advice and exchange of views) apply to some of the information requested. These exemptions apply because disclosure would, or would be likely to, inhibit substantially the free and frank provision of advice and exchange of views for the purposes of deliberation. The exemptions recognise the need for Ministers to have a private space within which to seek advice and views from officials before reaching a settled public position which will be communicated to Scottish Parliament Committees or within meetings with external stakeholders.

Disclosing the content of free and frank briefing material on responding to a Committee inquiry on long COVID and engagements with people whose lives have been significantly impacted by the condition will substantially inhibit such briefing in the future, particularly because these discussions relate to sensitive issues.

These exemptions are 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 exemptions. We have found that, on balance, the public interest lies in favour of upholding the exemptions. 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 allowing a private space within which officials can provide free and frank advice and views to Ministers to support deliberation regarding responses to committee inquiries and participation in engagements with stakeholders. It is clearly in the public interest that Ministers can provide sound information to Parliament (to which they are accountable) and engage with stakeholders from a fully informed position. They need full and candid advice from officials to enable them to do so. Premature disclosure of this type of information could lead to a reduction in the comprehensiveness and frankness of such advice and views in the future, which would not be in the public interest.

s.36(1) Confidentiality in legal proceedings

An exemption under section 36(1) of FOISA (confidentiality in legal proceedings) applies to some of the information requested because it is legal advice and disclosure would breach legal professional privilege.

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 the exemption. We recognise that there is some public interest in release as part of open and transparent government, and to inform public debate. However, this is outweighed by the strong public interest in maintaining the right to confidentiality of communications between legal advisers and clients, to ensure that Ministers and officials are able to receive legal advice in confidence, like any other public or private organisation.

s.38(1)(b) (personal data the disclosure of which would contravene data protection principles)

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, ie names, contact details, health data, 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.

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 202400418983 - Information released - Documents

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