· FOI · partially withheld
Health Secretary's letters to Chairman of NHS Tayside: FOI release
Information requested
Copies of letter(s) sent by Shona Robison, health secretary, to John Connell (chairman) and Lesley McLay (chief executive) of NHS Tayside, asking that they consider/step down from their positions, following claims of financial mismanagement – as reported in several news outlets today. Copies of any responses received by the health secretary from either person in relation to her comments. Any other correspondence sent by Ms Robison to members of NHS Tayside's board in relation to their positions, in particular ones which request they step down from their roles.
Response
I enclose a copy of most of the information you requested. This relates to communications between the Cabinet Secretary for Health and John Connell in relation to your request.
An exemption under section 38(1)(b) of FOISA (personal information) applies to a small amount of the information requested because it is personal data of a third party, ie names/contact details of individuals, and disclosing it would contravene the data protection principles in Schedule 1 to the Data Protection Act 1998. 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.
While our aim is to provide information whenever possible, in this instance the Scottish Government does not have some of the information you have requested. The reasons why we don't have the information are explained below.
Reasons for not providing information
The Scottish Government does not have the information.
The Scottish Government does not have some of the information you have asked for because there was no correspondence from the Cabinet Secretary for Health to Lesley McLay asking that she "consider/step down" from her position. There was also no correspondence from the Cabinet Secretary for Health to "members of NHS Tayside's board in relation to their positions, in particular ones which request they step down from their roles.
This is a formal notice under section 17(1) of FOISA that the Scottish Government does not have the information you have requested.
Detected exemption language
An exemption under section 38(1)(b) of FOISA (personal information) applies to a small amount of the information requested because it is personal data of a third party, ie names/contact details of individuals, and disclosing it would contravene the data protection principles in Schedule 1 to the Data Protection Act 1998. 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. This is a formal notice under section 17(1) of FOISA that the Scottish Government does not have the information you have requested.