Scottish and UK Government Engagement on Section 35: FOI release

Information requested

1. A record of each time a Cabinet Secretary has written to the UK Government to seek dialogue on the Gender Recognition Bill since the UK Government used the section 35. Please show a record of the date each piece of correspondence was written and sent. Or if phone calls, zoom calls or teams
meetings were had, a record of the date and time they occurred.

This request would cover the time period 16th January until present date (13th of April).

This request also covers any relevant Cabinet Secretary (including Shirley Anne Somerville, Shona Robinson, Humza Yousaf or Nicola Sturgeon).

2. A copy of each piece of official correspondence written by and sent from the office of the Scottish Government/Cabinet Secretary to the UK Government (and the relevant UK Minister, presumably Alister Jack) regarding the Gender Recognition Bill since the UK Government used the section 35.

3. A copy of each piece of official correspondence written by and sent from UK Government to the Scottish Government (and the relevant Cabinet Secretary) regarding the Gender Recognition Bill since the UK Government used the section 35.

Response

I enclose some of some of the information you have requested in the form of:

• Letter to Kemi Badenoch, Minister for Women and Equalities, 9 March 2023
• Letter to Alister Jack, Secretary of State for Scotland, 12 April 2023

Our aim is to provide information whenever possible. However, we have contacted the UK Government and they have advised, in this instance, that exemptions apply. Some of the information you have requested is not held by the Scottish Government for the purposes of FOISA because we received it in confidence from the UK Government. This means that, under the terms of section 3(2)(a)(ii) of FOISA, we are unable to disclose it in response to your request. However, you may wish to submit a new request under the Freedom of Information Act 2000 (FOIA) to the UK Government Scotland Office and the UK Government Equalities Office at who should be able to help you further.

Most of the information you have requested is already available. 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 websites listed, then please contact me again and I will send you a paper copy.

• Gender recognition: letter to the Secretary of State for Scotland - 21 January 2023 - gov.scot  (www.gov.scot)
• Gender recognition: letter to the Secretary of State for Scotland - 24 January 2023 - gov.scot (www.gov.scot)
• Gender Recognition Reform Scotland Bill Section 35 Order 30 January | Scottish Parliament Website
• Gender Recognition Reform (Scotland) Bill Section 35 Order | Scottish Parliament Website
• Statement  of reasons related to the use of section 35 of the Scotland Act 1998 - GOV.UK (www.gov.uk)
• The Gender Recognition Reform (Scotland) Bill (Prohibition on Submission for Royal Assent) Order 2023 (legislation.gov.uk)

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 202300351430 - Information Released - Document

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4 page PDF

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