Population Health Directorate
Health Protection Division
T: 0131-244 2711
E: xxxxx.xxxxxx@xxx.xxxx
Lucy Adams
BBC Scotland
xxxx.xxxxxxx@xxx.xx.xx
___
12 May 2017
Dear Ms Adams
REQUEST UNDER THE FREEDOM OF INFORMATION (SCOTLAND) ACT 2002 (FOISA)
Thank you for your request dated 22 March 2017 under the Freedom of Information
(Scotland) Act 2002 (FOISA).
Your request
You asked for all minutes, correspondence, briefing papers and emails in relation to and
including references to:
1.
The possibility of giving women from Northern Ireland access to abortions in
Scotland’s health service free of charge;
2.
Patrick Harvie’s question in relation to this topic in November;
3.
Patrick Harvie’s request for an update on this subject;
4.
Progress on exploring this possibility with health boards;
5.
The responses of health boards on said subject.
Response to your request
I enclose a copy of some of the information you requested.
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 exemption(s) under
section(s) section 29(1)(a) (policy formulation), section 30(b)(i) (substantial inhibition of free
and frank provision of advice), 30(b)(ii) (substantial inhibition of free and frank exchange of
views for the purposes of deliberation) or section 38(1)(b) (personal information)of FOISA
applies to that information. The reasons why that exemption(s) applies are explained in the
Annex to this letter.
General response to members of the public
We received a number of letters and emails from members of the public on this issue. Each
correspondent received our response that:
‘The Scottish Government believes all women in Scotland should have access to safe and
legal abortion services, within the limits that are currently set down in law, should they
require it, and that abortion care should be part of standard healthcare provisions, free from
stigma.
It is for the people of Ireland and Northern Ireland, and their elected representatives, to make
decisions about the provision of healthcare in their jurisdictions.’
St Andrew’s House, Regent Road, Edinburgh EH1 3DG
www.gov.scot
We can also confirm that the Minister for Public Health and Sport met with Patrick Harvie on
8 December 2016 to discuss this issue.
Your right to request a review
If you are unhappy with this response to your FOI request, you may ask us to carry out an
internal review of the response, by writing to:
Andrew Scott, Director of Population Health Improvement:
Postal address: Scottish Government, St Andrews House, Regent Road, Edinburgh. EH2
3DG.
E-mail address:
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx@xxx.xxxx Your review request should explain why you are dissatisfied with this response, and should
be made within 40 working days from the date when you received this letter. We will
complete the review and tell you the result, within 20 working days from the date when we
receive your review request.
If you are not satisfied with the result of the review, you then have the right to appeal to the
Scottish Information Commissioner. More detailed information on your appeal rights is
available on the Commissioner’s website at:
http://www.itspublicknowledge.info/YourRights/Unhappywiththeresponse/AppealingtoCommi
ssioner.aspx. Yours sincerley
Sarah Dillon
Policy Officer
Scottish Government
St Andrew’s House, Regent Road, Edinburgh EH1 3DG
www.gov.scot
ANNEX
REASONS FOR NOT PROVIDING INFORMATION 1. Section 29(1)(a) – formulation or development of government policy An exemption under section 29(1)(a) of FOISA (formulation or development of government
policy) applies to some of the information requested because it relates to the formulation of
the Scottish Government’s policy on the provision of abortions by NHS Scotland to women
from Northern Ireland.
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 high quality policy and decision-making, and in the properly considered
implementation and development of policies and decisions. This means that Ministers and
officials need to be able to consider all available options and to debate those rigorously, to
fully understand their possible implications.
2. Section 30(b)(i) – free and frank provision of advice and Section 30(b)(ii) – free and
frank exchange of views for the purposes of deliberation
An exemption under section 30(b)(i) (free and frank provision of advice) and section 30(b)(ii)
(free and frank exchange of views for the purposes of deliberation) of FOISA applies to some
of the information requested. This exemption applies because disclosure would, or would be
likely to, inhibit substantially the free and frank provision of advice and the exchange of
views. This exemption recognises the need for officials to have a private space within which
to deliberate an issue and provide free and frank advice to Ministers and other officials
before the Scottish Government reaches a settled public view. Disclosing the content of the
exchange of views and free and frank advice on the provision of abortions by NHS Scotland
to women from Northern Ireland will substantially inhibit the provision of such advice in the
future, particularly because decisions have not yet been taken, and these discussions relate
to a sensitive issue.
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 a private space within which officials can exchange views on an issue
and provide full and frank advice to Ministers and other officials, as part of the process of
exploring and refining the Government’s policy position on the provision of abortions by NHS
Scotland to women from Northern Ireland.
3. Section 38(1)(b) – personal data of a third party This exemption relates to how we treat individuals’ personal data, as covered by the Data
Protection (Scotland) Act 1998. This means that some personal information such as some
individuals’ names, personal e-mail addresses, private telephone numbers etcetera, are
redacted in order to comply with this Act. Given the subject matter we have also redacted the
St Andrew’s House, Regent Road, Edinburgh EH1 3DG
www.gov.scot
name and contact details for junior staff in this instance. It should not materially affect the
actual content of the e-mails, correspondence etc requested.
St Andrew’s House, Regent Road, Edinburgh EH1 3DG
www.gov.scot