Mediation on abortion protests: FOI release

Information requested

The outcomes of a contract awarded on 26 August 2022 to Civic Mediation Services with the intention to “support dialogue between parties who hold vigils and protests outside of abortion clinics, and those who are affected by them”.

The value of the contract, which is published here, was £10,000.

Please can you share all documents relating to the mediation process. I define “documents relating to the mediation process” as including (but not limited to) the following:

• Briefings
• Presentation slides
• Memos
• Meeting minutes
• List of attendees at meetings, their job role and the organisation they represent
• KPIs
• Metrics
• Documents relating to the evaluation of the mediation process

I understand that there is likely to be more than one meeting related to the mediation process and so expect multiple meeting minutes and lists of attendees etc.

Response

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

Some of the information you have requested is included in the minutes of the Safe Access Zones working group, which are available from the gov.scot website at Abortion Safe Access Zones: Ministerial Working Group - gov.scot (www.gov.scot)

Under section 25(1) of FOISA, we do not have to give you copies of information which is already reasonably accessible to you. However, if you do not have internet access, please let me know and I will send you copies.

In addition, the Centre for Good Relations published a statement here at the end of the project, which provides a summary of their work, which may be useful as background - http://centreforgoodrelations.com/cfgr-statement-on-scoping-exercise/

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 s30(c) (prejudice to the conduct of public affairs) and section 38(1)(b) (personal information) of FOISA applies to that information.

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.

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 and in this particular project the Centre for Good Relations gave many participants in their discussions assurances that their comments would be kept in confidence. 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 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.

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 organisations such as the Centre for Good Relations a private space within which to communicate with appropriate external stakeholders as part of the process of exploring sensitive issues relating to abortion safe access zones. 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 people’s perspectives, which in turn will undermine the quality of the policy making process, which would not be in the public interest.

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 202300350835 - Information Released - Annex A

File type

5 page PDF

File size

135.3 kB