Scottish Drugs Forum and treatment time guarantee correspondence: FOI release

Information requested

1. Could you supply all correspondence sent and received by the Scottish Government, including internally, briefings, analysis and minutes/notes from meetings, about the Scottish Drugs Forum and specifically drug deaths, from the last two months?

2. Could you supply all correspondence sent and received by the Scottish Government, including internally, briefings, analysis and minutes/notes, about Scotland's legally- binding treatment time guarantee , from the last two months?

I wrote to you on 19 December 2024 asking if you could clarify your ask of question 2 which you confirmed on 26 December 2024 was in relation to Alcohol and Drug Waiting times.

Response

1. Could you supply all correspondence sent and received by the Scottish Government, including internally, briefings, analysis and minutes/notes from meetings, about the Scottish Drugs Forum and specifically drug deaths, from the last two months?

I enclose a copy of some of the information you requested in an attachment to this response. An exemption under section s.38(1)(b) of FOISA applies to some of the information you have requested because it is personal data of a third party, ie 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.

2. Could you supply all correspondence sent and received by the Scottish Government, including internally, briefings, analysis and minutes/notes, about Scotland's legally- binding treatment time guarantee , from the last two months?

I enclose a copy of some of the information you requested in an attachment to this response. Some information has been withheld because it is out of the scope of the current request. 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 exemptions under sections s.38(1)(b) (personal information) and s.30(b)(ii) (free and frank exchange of views for the purposes of deliberation) of FOISA applies to that information. The reasons why that exemption(s) applies are explained below.

An exemption under section(s) s.38(1)(b) of FOISA applies to some of the information you have requested because it is personal data of a third party, ie 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.

An exemption under section s.30(b)(ii) of FOISA (free and frank exchange of views) 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 officials to have a private space within which to discuss issues and options with external stakeholders before the Scottish Government reaches a settled public view. Disclosing the content of these discussions with stakeholders will substantially inhibit such discussions in the future, because these stakeholders will be reluctant to provide their views fully and frankly if they believe that those views are likely to be made public, particularly while [these discussions are still ongoing and decisions have not been taken, and/or these discussions relate to a sensitive or controversial issues.

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 Ministers and officials a private space within which to communicate with appropriate external stakeholders as part of the process of exploring and refining the Government’s position on Drug and Alcohol Waiting times, until the Government as a whole can adopt a decision that is sound and likely to be effective. This private space is essential to enable all options to be properly considered, so that good decisions can be taken based on fully informed advice and evidence, such as that provided by of stakeholders . Premature disclosure is likely to undermine the full and frank discussion of issues between the Scottish Government and these stakeholders, which in turn will undermine the quality of the decision making process, which would not be in the public interest. There is also an important public interest in avoiding the loss of stakeholder confidence in cases where they thought they were providing comments in confidence, which would be inevitable if an individual’s contribution was released against their wishes.

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FOI 202400445434 - Information Released - Annex

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