NHS Scotland in fresh secrecy row after officials tried to withhold details about trans tribunal
A secrecy row around NHS Scotland's handling of the Sandie Peggie case deepened last night as internal documents showed that spin doctors tried to water down what information could be released to the public.
Emails reveal that PR bosses wanted to withhold details in response to freedom of information (FOI) requests about the landmark 'single-sex spaces' tribunal.
They were reprimanded by an in-house lawyer who had to remind the health service of its legal duties.
It is the latest twist in a transparency battle between the Press, NHS Fife and NHS Scotland over how much the tribunal is costing the taxpayer.
The revelations also draw Scottish ministers closer to the secrecy scandal, given the chief executive of NHS Scotland, Caroline Lamb, is part of John Swinney's government.
Mrs Peggie, 50, was suspended for challenging the presence of male-born Dr Beth Upton in the female changing rooms at Kirkcaldy's Victoria Hospital.
Scottish Tory equalities spokeswoman Tess White said: 'This is another example of NHS Scotland's addiction to secrecy.
Transgender medic Dr Beth Upton is at the centre of a 'single-sex spaces' employment tribunal
NHS spin doctors wanted to change FOI responses to align with their media messaging
'NHS Fife, backed by NHS Scotland, shamefully tried to manipulate FOI responses so they could cover up their dire handling of the Sandie Peggie case. Those at the top of the board need to go, but [Health Secretary] Neil Gray is too weak to sack them. SNP ministers must order NHS Fife to be open and transparent.'
Scotland's Information Commissioner, David Hamilton, also said the revelations could 'well be a cause for concern'.
He added: 'It's vital that every freedom of information request is responded to properly and in full compliance with FOI law.
'It is clear that, in this case, some thought was given to the alignment of FOI responses with media lines. This could well be a cause for concern – comms messaging should align with FOI responses, not the other way round.'
NHS Scotland was asked under FOI to reveal how much it is costing the taxpayer to defend the health board and Dr Upton against Mrs Peggie's claims.
Under the Freedom of Information (Scotland) Act 2000, public bodies have a statutory duty to release information, barring a few exceptions.
Sandie Peggie was suspended from NHS Fife amid a single-sex space row
However, emails reveal that NHS Scotland wanted to massage responses to fit with its media 'messaging'.
A communications official wrote on June 12 that they 'would like to align our messaging a bit more with the media lines issued', adding: 'So I am just going to take a look at tightening up some of the response in the morning, so will send updated version over.'
That prompted in-house solicitor Stefano Rinaldi to write on June 24: 'It is important to remember this is a legal response in the sense it requires to comply with the statutatory requirements.'
Carolyn Low, director of NHS National Services Scotland, said it 'remains committed to the principles of transparency, accountability and public access to information while ensuring that responses are clear, responsible and contextually appropriate.'
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