FOI/202500491736 · FOI · partially withheld
Correspondence from Cabinet Secretary for Health and Wellbeing relating to treatment of healthcare workers: FOI release
Information requested
Please provide all Cabinet Secretary for Health and Wellbeing correspondence received and responses concerning;
Treatment of healthcare workers in NHS facilities who have been trying to protest or raise awareness of the victimisation of healthcare workers in Palestine.
The time-frame period for this being from Feb 18, 2025 – present.
Response
I enclose a copy of some of the information you requested in PDF format.
Following a comprehensive search, a number of emails were identified as falling within scope of the request. Officials issued an information trawl to key officials and Private Offices, including targeted requests to those most likely to hold relevant material. In interpreting the phrase “Cabinet Secretary for Health and Wellbeing”, we note that no Cabinet Secretary currently holds that title. We therefore interpreted this to include the Cabinet Secretary for Health and Social Care, and the Minister for Public Health and Women’s Health. We have taken the phrase “correspondence received and responses” to mean emails sent directly by the Minister or where the Minister was copied into the communication. As such, material where the Minister was not included in correspondence by officials has been excluded. The relevant emails have been released with redactions where exemptions under FOISA apply. The following exemptions have been applied:
Section 30(b)(i) - applied where disclosure would, or would be likely to, inhibit substantially the free and frank provision of advice. Section 30(b)(ii) – applied where disclosure would, or would be likely to, inhibit the free and frank exchange of views between officials for the purposes of deliberation. Section 30(c) – applied where release would be likely to prejudice the effective conduct of public affairs. Section 38(1)(b) – applied to remove personal data, such as names of officials below Senior Civil Service level and personal contact details, in line with data protection legislation. Out of scope - some information is withheld because it is out of the scope of the current request.
Sections 30(b)(i) and 30(b)(ii) are subject to the public interest test. In considering the public interest test, we recognise that there is a public interest in disclosing information as part of open, transparent and accountable government. However, there is a greater public interest in allowing a private space within which officials can provide free and frank advice and views to Ministers when briefing them on sensitive matters and the free and frank exchange of views for the purpose of deliberation.
The redacted material reflects internal advice and the exchange of views between officials and Ministers. This content does not represent final or agreed policy positions. Disclosure of these communications would be likely to substantially inhibit the free and frank provision of advice and exchange of views within the Scottish Government.
Releasing this material would undermine the ability of officials to explore options openly and assess issues that are still under active consideration. It could also lead to misinterpretation of provisional thinking or prematurely expose deliberations that require a protected space for development. Accordingly, the balance of public interestlies in maintaining the relevant exemptions, to protect the integrity of internal decision-making and ensure the effectiveconduct of public affairs.
Section 30(c) is subject to the public interest test. In considering the public interest test, we recognise that there is a public interest in disclosing information as part of open, transparent and accountable government. However, there is a greater public interest in ensuring the effective conduct of public affairs.
The redacted material reflects internal information prepared to support the Minister and officials in handling sensitive matters effectively. Disclosure would be likely to prejudice the government’s ability to respond flexibly to issues, risk misinterpretation of positions outside of their intended context, and compromise the space required for handling sensitive matters.
Releasing this material would undermine the ability of officials to explore options openly and assess issues that remain under active consideration. It could also lead to misinterpretation of provisional thinking or prematurely expose deliberations that require a protected space for development. Accordingly, the balance of public interest lies in maintaining the relevant exemptions, to protect the integrity of internal decision-making and ensure the effective conduct of public affairs.
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Detected exemption language
The relevant emails have been released with redactions where exemptions under FOISA apply. The following exemptions have been applied: Section 30(b)(i) - applied where disclosure would, or would be likely to, inhibit substantially the free and frank provision of advice. Section 30(b)(ii) – applied where disclosure would, or would be likely to, inhibit the free and frank exchange of views between officials for the purposes of deliberation. Section 30(c) – applied where release would be likely to prejudice the effective conduct of public affairs. Section 38(1)(b) – applied to remove personal data, such as names of officials below Senior Civil Service level and personal contact details, in line with data protection legislation.