NS Penrose 2015 21st Onwards

The request was partially successful.

Dear Scottish Government,

Under FOI I am requesting the below information:

a) All correspondence between the Population Health Improvement Directorate and Nicola Sturgeon regarding The Penrose Inquiry during the period 21st March 2015 - 31st December 2015.

Yours faithfully,

JJ Evans

Scottish Government

Dear Jason,

Thank you for your request dated 28/03/2019 under the Freedom of
Information (Scotland) Act 2002 (FOISA) for: All correspondence between
the Population Health Improvement Directorate and Nicola Sturgeon
regarding The Penrose Inquiry during the period 21st March 2015 - 31st
December 2015.

We received your request on 28/03/2019 and will respond in accordance with
FOISA by 25/04/2019.

If you have any queries, please contact me quoting case number
FoI/19/00901.

Regards,

Paul Sorensen

Paul Sorensen | Health Protection Division | Directorate for Population
Health |Scottish Government |

3 East | St Andrew's House | Regent Road | Edinburgh| EH1 3DG | 0131 244
9286 |

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Scottish Government

1 Attachment

Dear Jason,

Please find attached the response to your Freedom of Information
(Scotland) Act 2002 request dated 28/03/2019.

Your reference number for this request is: 19.00901.

Kind regards,

Paul Sorensen

Paul Sorensen | Health Protection Division | Directorate for Population
Health |Scottish Government |

3 East | St Andrew's House | Regent Road | Edinburgh| EH1 3DG | 0131 244
9286 |

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Dear Scottish Government,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Scottish Government's handling of my FOI request 'NS Penrose 2015 21st Onwards'.

I would like to ask you to withdraw the application of section 30(b)(i). Please note that I am not seeking to challenge the application of exemption relating to personal information which can simply be redacted, but I am seeking to challenge the wider application of section 30(b)(i) for the reason outlined below:

1) The policy formulation and development in relation to the Penrose Inquiry and the response to it was complete at the time of the request. Therefore the safe space to formulate and debate the policy decision away from external comment and pressure was no longer required.
2) You have not provided any convincing arguments as to how disclosure of the requested information would be likely to impact on the candour of discussions related to any decisions about government’s response to the Penrose Inquiry.
3) Disclosing the requested information would further understanding of and participation in the public debate
surrounding the issue of the response to the Penrose Inquiry. It would allow the public to engage in a more informed debate of this issue.
4) Whilst the advice requested dates back to 2015, the issues surrounding it are still ongoing and the subject of widespread public debate. The issues still attract a substantial amount of media interest which in this case reflects the wider public concern surrounding this matter. Even though a substantial period of time has elapsed between response to Penrose and the making of the request, as the issue covered by response to Penrose in question is ongoing, I believe that disclosure would enable the public to participate in current debate from a significantly more informed position. This is because disclosure would provide the contextual background and history to the current ongoing debate of the response to the Penrose Inquiry
6) I believe there is a high level of public interest in disclosure of this information as it would provide background which may enable the public to further feed into the current debate on this issue.
7) Disclosure would promote the accountability and transparency of the process of making the policy decision. Placing an obligation on Ministers and government officials to make reasoned decisions based on all available information will improve the quality of decisions and administration.
8) there is a significant public interest in releasing the requested information as it would help to provide a background of the information which was taken into account when the response to Penrose happened in or around 2015.
9) there is a strong public interest in ensuring transparency and accountability surrounding the response to Penrose taken in 2015, particularly as the issues covered by the policy decision reached in or around 2015 are the subject of current debate.
10) The issues covered by the requested information has a significant impact upon those individuals affected and their families and the I believe that there should be significant weight to the argument that they should be provided with as much information as possible to give them a clear understanding as to how decisions were reached historically and which also provides background to decisions which are currently under debate.

Yours faithfully,

JJ Evans

Scottish Government

1 Attachment

Dear Mr Evans

Please find attached a letter for your attention.

With best wishes

David Bishop

Scottish Government | Directorate for Health Finance and Infrastructure

Basement Rear, St Andrew's House, Regent Road, Edinburgh, EH1 3DG

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