Question to the Department of Health and Social Care:

To ask the Secretary of State for Health and Social Care, what guidance has been given to the NHS on responding to freedom of information requests on contingency planning for the UK leaving the EU; and whether that guidance is published.

The Freedom of Information Act 2000 provides a right of access to a wide range of information held by public authorities, including the National Health Service.

The Parliamentary and Public Accountability Agreements Protocols in place between the Department and its arm’s length bodies cover best practice for responding to Freedom of Information (FOI) requests. This includes consulting with the Department where necessary and sets out that the Department’s FOI team will provide informal, impartial advice on relevant legislation and duties. However, the decision as to whether a request falls under a relevant exemption and whether or not the information should be released remains with NHS England and Improvement.

The Department expects to publish the latest Protocol for Public and Parliamentary Accountability on GOV.UK in due course.