Ministerial Briefing relating to Transgender Prisoners: FOI release

Information requested

Any ministerial briefing circulated to any minister referencing 'Isla Bryson' between January 23 and to date.

Response

Please accept my apologies for delay in responding to your request.

I attach a copy of the information you requested. Whilst our aim is to provide information whenever possible, in this instance we are unable to provide some of the information you have requested because elements of the information you requested have been redacted under exemption in terms of section s.38(1)(b), section 25(1), Section 35(1)(b) and (c) and Section 30(b)(i) and 30(b)(ii) of FOISA.

An exemption under section 38(1)(b) of FOISA (personal information) applies to a small amount of the information requested because it is personal data of a third party, ie names and contact details of individuals, and disclosing it would contravene the data protection principles in Article 5(1) of the General Data Protection Regulation and in section 34(1) of the Data Protection Act 2018. 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.

Under section 25(1) of FOISA, we do not have to give you information which is already reasonably accessible to you. If, however, you do not have internet access to obtain this information from the website(s) listed, then please contact me again and I will send you a paper copy.

An exemption under section 35(1)(b) and (c) [Prosecution of offenders and the administration of justice] of FOISA applies to a small portion of the information you have requested. 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 some public interest in disclosing information as part of open, transparent and accountable government, and to inform public debate. However, this is outweighed by the public interest in avoiding prejudice to ongoing criminal proceedings.

An exemption under sections 30(b)(i) (Free and frank provision of advice) and 30(b)(ii) (free and frank exchange of views for the purpose of deliberation) of FOISA applies to some the information you have requested. These exemptions apply because disclosure would, or would be likely to, inhibit substantially the free and frank provision of advice. 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 provide free and frank advice and views before the Scottish Government reaches a settled public view. Disclosing the content of such free and frank exchange of views will substantially inhibit the communication of such matters in the future, which would not be in the public interest. As an individual case is a key starting point around the consideration of advice, the balance of the assessment around this is weighted even more in favour of withholding the information.

Some of the information requested under this request relates to Gender Identity and Reassignment Policy 2014 which is currently under review. The interim measures announced on 09 Feb 2023 - Recommendations - Transgender prisoner management: urgent case review correspondence - gov.scot (www.gov.scot) will remain in place pending the outcome of the policy review.

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.

FOI 202300340304 - Information Released - Annex

File type

14 page PDF

File size

869.5 kB