Costs associated with commissioning the Harry Burns review: FOI release

Information requested

1. What were the costs associated with commissioning the Harry Burns review, Targets and Indicators in Health and Social Care in Scotland: A Review?https://www.gov.scot/publications/review-targetsindicators-health-social-care-scotland/

2. Referring to the document above, Point 81 (bottom of page 20) states: The 18 week guarantee should be dropped since it brings with it the possibility of altering clinical decision making. Can you supply documentation as to why the recommendation to 'drop' 18 weeks was not followed?

Response

1. The costs associated with the review totalled £53,607.42 (aside from the cost relating to civil service support, which was not quantified).

2. I enclose a copy of most of the information you requested in the attached documents. 

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 sections 30(b)(i) (free and frank provision of advice) and 38(1)(b) (personal information) of FOISA apply to that information. The reasons why these exemptions apply are explained in the Annex to this letter.

Document number	Document title
01	Review of Targets and Indicators – Publication – FM Submission – October 2017
02	Collated Emails from Cabinet Secretary Health to FM
03	Health and Sport Committee – Cabinet Secretary Health Briefing Pack – January 2018

ANNEX A

REASONS FOR NOT PROVIDING INFORMATION

Section 30(b)(i) – free and frank provision of advice

An exemption under section 30(b)(i) of FOISA (free and frank provision of advice) applies to some of the information requested. This exemption applies because disclosure would, or would be likely to, inhibit substantially the free and frank provision of advice. This exemption recognises the need for officials to have a private space within which to provide free and frank advice to Ministers before the Scottish Government reaches a settled public view. Disclosing the content of free and frank advice on the Scottish Governments decision to accept a policy recommendation will substantially inhibit the provision of such advice in the future, particularly because the Scottish Government expects to conduct further reviews of waiting times standards in the future.

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 allowing a private space within which officials can provide full and frank advice to Ministers as part of the process of exploring and refining the Government’s policy position on waiting times standards until the Government as a whole can adopt a policy that is sound and likely to be effective. This private thinking space is essential to enable all options to be properly considered, based on the best available advice, so that good policy decisions can be taken. Premature disclosure is likely to undermine the full and frank discussion of issues between Ministers and officials, which in turn will undermine the quality of the policy making process, which would not be in the public interest.

Section 38(1)(b) – applicant has asked for personal data of 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. 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.

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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 202400423435 - Information released - Annex

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11 page PDF

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398.9 kB