Former Cabinet Secretary for Health and Sport WhatApp messages from her Ministerial position during Covid: FOI release

Information requested

Jeane Freeman's WhatsApp messages from her ministerial position 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 20 May 2021 when Ms Freeman demitted office.

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

Some of the information you have requested is available in responses you have received to other FOI requests you have made and at the following locations, , , and from the UK Covid Inquiry website at the following locations:

• Meeting of the Scottish Parliament - 22 September 2020
• Meeting of the Scottish Parliament - 17 November 2020
• Northern Ireland Executive agrees two-week circuit breaker
• Coronavirus: NI facing six-week lockdown from 26 December
• Coronavirus update from the First Minister - 27 January 2021
• Scotland’s response to the COVID-19 crisis in India
• UK Covid Inquiry website - WhatsApp exchange 1
• UK Covid Inquiry website - WhatsApp exchange 2

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), and 36(2) (confidentiality), 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, and free and frank discussions and advice.

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 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 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 202400426486 - Information Released - Annex

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