Former First Minister WhatsApp messages during Covid-19 pandemic: FOI release

Information requested

Humza Yousaf's WhatsApp messages during the Covid 19 pandemic.

Response

I have taken the period of your request to apply from 21 January 2020 when the World Health Organisation published its ‘Novel Coronavirus (2019-nCoV) Situation Report, up until 30 April 2022 when the then remaining Covid-19 restrictions were lifted in Scotland.

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

Some of the information you have requested is available to from our responses to previous requests of this nature that you have submitted, and from the following locations:

COVID-19 & Respiratory Surveillance (shinyapps.io)
PHS Vaccination Surveillance (shinyapps.io)
Coronavirus (COVID-19): trends in daily data - gov.scot (www.gov.scot)
Overview - Accident and emergency - Urgent and unscheduled care - Acute and emergency services - Our areas of work - Public Health Scotland

Coronavirus (COVID-19) update: First Minister's statement – 10 December 2021 - gov.scot (www.gov.scot)
Walk-in boosters now available for 30 plus age range | Department of Health (health-ni.gov.uk)
Prime Minister’s address to the nation on booster jabs: 12 December 2021 - GOV.UK (www.gov.uk)
Strengthened measures to keep Wales safe as omicron strikes | GOV.WALES
Swann announces plan for additional HSC pay award | Department of Health (health-ni.gov.uk)

Meeting of the Parliament: 07/09/2021 | Scottish Parliament Website
Meeting of the Parliament: 16/12/2021 | Scottish Parliament Website
COVID-19 – Framework for Decision Making: Scotland’s route map through and out of the crisis : Phase 3 Update – 9 July 2020 (www.gov.scot)
Nicola Sturgeon’s full speech on the SNP plan to remobilise, strengthen and protect our NHS — Scottish National Party
Scottish Government news releases

Under section 25(1) of FOISA, we do not have to give you information which is already reasonably accessible to you.

An exemption under section 38(1) of FOISA applies to some of the information you have requested as it relates to the personal data of a third party. 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.

Exemptions under sections 28 (UK relations), 29(1)(a) (formulation of policy), 29(1)(b) (Ministerial communications), 29(1)(d) (operation of a Ministerial Private Office), 30(a) (collective responsibility of Scottish Ministers), 30(b)(i)&(ii) (free and frank provision of advice and views), 30(c) (effective conduct of public affairs), 32(1)(a) (International relations), 33(1)(b) (commercial interests), 33(2)(a) (economic interests), and 36(1) (confidentiality of communications), of FOISA applies to some of the information you have requested. This is because some of the information within the scope of your request relates to communications between Ministers (and their offices), engagements with Ministers in other UK administrations, development of policy, free and frank discussions and advice, and in utilising the immediacy of WhatsApp to alert the former First Minister of developing 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 each exemption. 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 Ministers a private space within which issues can be explored, deliberated and refined to reach a decision that is sound and likely to be effective. This private thinking space also allows for all options to be properly considered, so that good decisions can be taken.

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 202400425739 - Information released - Annex

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