Cabinet Secretary for Health and Social Care correspondence regarding Audit Scotland Report: FOI release

Information requested

All communications (emails, texts) from 1 December 2024 and 4 December 2024 between Neil Gray and his staff relating to the Audit Scotland report published on 3 December.

Response

I enclose a copy of some of the information you requested in the attached word documents.

Some of the information you have requested regarding the Audit Scotland report is available online at the following website NHS in Scotland 2024: Finance and performance | Audit Scotland. The media interviews with the Cabinet Secretary are available at BBC Radio Scotland - Good Morning Scotland website, and the Official Record detailing the Urgent Question lodged by Brian Whittle MSP regarding the report is available at Meeting of the Parliament: 03/12/2024 | Scottish Parliament Website. 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.

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 under section 30(b)(i) applies to some of the information requested. This exemption applies because disclosure would, or would be likely to, inhibit substantially the free and frank exchange of views for the purposes of deliberation. This exemption recognises the need for Ministers and officials to have a private space within which to discuss and explore options before the Scottish Government reaches a settled public view. This exemption is subject to the ‘public interest test’.

Therefore, taking account of all the circumstances, 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, premature disclosure is likely to undermine the full and frank discussion of issues between Ministers and officials, which would not be in the public interest.

An exemption under section 38(1)(b) of FOISA applies to some the information you have requested as the emails that have been provided contain personal information. Section 38 of FOISA sets out when personal information is exempt from disclosure under FOISA. As such, the Scottish Government withholds names (and other personal information) from documents released in response to an FOI request if those names are exempt from disclosure under the provisions set out in FOISA. 

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at https://www.gov.scot/foi-responses.

FOI 202400443456 - Information released - Annex A

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PDF

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186.3 kB

FOI 202400443456 - Information released - Annex B

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PDF

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319.4 kB