Correspondence between BPAS, Back Off and the Scottish Government: FOI release

Information requested

I would like to do a freedom of information request between the Scottish Government and Back off Scotland / BPAS. Any costs above 600 pounds. You may wish to search for correspondence with Lucy Grieve or Alice Murray but my request should not be restricted to these persons and all correspondence between BPAS, Back Off and Scottish Govt should be disclosed. If this could be for any time in the last 12 months.

Response

I enclose a copy of some of the information you requested in Annex A (attached).

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 exemptions under sections 29(1)a (Formulation of Scottish Administration policy), 30(c) (prejudice to the conduct of public affairs) and section 38(1)(b) (personal information) of FOISA applies to that information.

Information is exempt under section 29(1)(a) if it relates to the formulation or development of government policy. This exemption applies because it relates to discussions about the development of Scottish Government policy on a range of matters relating to abortion. The exemption recognises the need for officials and Ministers to be able to consider fully the development of policy on abortion issues, before reaching a settled public position.

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 officials and Ministers a private space to consider the information and evidence available on matters of such importance, including information supplied by stakeholders, before reaching a settled public position.

An exemption under section 30(c) of FOISA (prejudice to effective conduct of public affairs) applies to some of the information requested. It is essential for the Scottish Government to be able to communicate, often in confidence, with external stakeholders on issues such as protests and vigils. Disclosing the content of information shared in confidence with the Scottish Government is likely to undermine their trust in the Scottish Government and will substantially inhibit communications on this type of issue in the future. These stakeholders will be reluctant to share their views fully and frankly if they believe that their views are likely to be made public, particularly where these discussions relate to a sensitive issue, such as data on specific abortion cases, abortion clinic vigils and safe access zones. This would significantly harm the Government’s ability to carry out many aspects of its work, and could adversely affect its ability to gather all of the information it needs to make fully informed decisions.

These exemptions are 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 officials a private space within which to communicate with appropriate external stakeholders, including Back Off Scotland and BPAS, as part of the process of exploring sensitive issues relating to abortion safe access zones and other abortion policy issues. This private space is essential so that decisions can be taken based on informed advice. Premature disclosure is likely to undermine the full and frank discussion of the perspectives of these organisations (and others), which in turn will undermine the quality of the policy making process, which would not be in the public interest.

Finally, an exemption under section 38(1)(b) of FOISA (personal information) applies to some of the information requested because it is personal data of a third party, i.e. names and contact details of nonsenior staff and stakeholders and disclosing it would contravene the data protection principles in data protection legislation. This exemption is not subject to the ‘public interest test’, so we are not required to consider if the public interest in disclosing the information outweighs the public interest in applying the exemption.

 

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at http://www.gov.scot/foi-responses.

Annex_A_202300353887

File type

34 page PDF

File size

652.8 kB