FOI/202600521272 · FOI · partially withheld
Reports relating to senior management pay reward system in NHS Scotland: FOI release
Information requested
Please can I have a copy of all reports produced in the last six months which relate to the review of the Executive Senior Management (ESM) pay reward system in NHS Scotland, including any proposals relating to a review of the grading structures and pay levels.
Response
I enclose a copy of some of the information you requested in the format you asked for. 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 the following exemptions under FOISA apply to that information:
1. The document ‘Review of the Executive and Senior Manager Job Evaluation System, including the National Evaluation Committee Terms of Reference’ has been provided with some items exempt from disclosure under Section 38(1)(b) of the Freedom of Information (Scotland) Act 2002 as it concerns personal data relating to third party.
Section 38(1)(b) of the Freedom of Information (Scotland) Act 2002 – personal data relating to third party. This information constitutes personal data relating to identifiable individuals acting below Senior Civil Service level, including names and contact details. Disclosure of this information would contravene the data protection principles set out in data protection legislation. This exemption is not subject to the public interest test.
2. While the Scottish Government holds information relating to the review of the ESM pay reward system in NHS Scotland, this information is exempt from disclosure under section 30(b)(i) of the Freedom of Information (Scotland) Act 2002, which concerns the free and frank provision of advice and Section 30(b)(ii) which concerns free and frank exchanges of views.
Section 30(b)(i) of the Freedom of Information (Scotland) Act 2002 - the free and frank provision of advice The information comprises internal advice and assessments provided to Ministers and officials on reform of ESM pay and the review of grading structures. Disclosure of this information would be likely to substantially inhibit the provision of free and frank advice in the future, as officials may be less willing to provide candid assessments on sensitive and operationally complex matters. This would undermine effective policy development and informed decision‑making.
The Scottish Government has considered the public interest in disclosure against the public interest in maintaining the exemption. While there is a recognised public interest in transparency, particularly in relation to how Ministers are advised on high‑profile issues, this is outweighed by the strong public interest in protecting a private space for officials to provide full, frank, and candid advice to Ministers on sensitive and ongoing matters. On balance, the public interest lies in maintaining the exemption, and it has therefore been applied.
Section 30(b)(ii) of the Freedom of Information (Scotland) Act 2002 – the free and frank exchanges of views The information withheld under this exemption relates to internal exchanges between Scottish Government officials as part of the process of developing briefing and advice for Ministers on the ESM pay reward system and related considerations.
Disclosure of this information would be likely to substantially inhibit the free and frank exchange of views for the purposes of deliberation. Officials must be able to explore options, discuss risks, and express candid views when developing advice on sensitive and evolving policy matters. If such internal discussions were routinely disclosed, officials would be more likely to exercise restraint in expressing views, which would diminish the quality and effectiveness of internal deliberation and decision‑making.
This exemption is subject to the public interest test. While there is a public interest in transparency around how the Scottish Government considers high‑profile issues, this is outweighed by the strong public interest in ensuring that officials can engage in open and candid internal discussions when formulating advice and briefing for Ministers on sensitive matters. On balance, the public interest lies in maintaining the exemption, and it has therefore been applied.
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.
Detected exemption language
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 the following exemptions under FOISA apply to that information: 1. The document ‘Review of the Executive and Senior Manager Job Evaluation System, including the National Evaluation Committee Terms of Reference’ has been provided with some items exempt from disclosure under Section 38(1)(b) of the Freedom of Information (Scotland) Act 2002 as it concerns personal data relating to third party. Section 38(1)(b) of the Freedom of Information (Scotland) Act 2002 – personal data relating to third party. This exemption is not subject to the public interest test. While the Scottish Government holds information relating to the review of the ESM pay reward system in NHS Scotland, this information is exempt from disclosure under section 30(b)(i) of the Freedom of Information (Scotland) Act 2002, which concerns the free and frank provision of advice and Section 30(b)(ii) which concerns free and frank exchanges of views.