Correspondence regarding conversion therapy: FOI release

Information requested

All minutes/notes from meetings, policy analysis and briefings about plans to ban conversion therapy, between July 10 and September 1 2024, excluding email correspondence.

Response

I enclose a copy of some of the information you requested.

Some of the information you have requested is available from The King's Speech 2024 - GOV.UK (www.gov.uk). 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.

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(s) s.28 (Relations with UK), s.29(1)(a) (Policy formulation), s.30(b)(i) (Free and frank provision of advice), s. 30(b)(ii) (Free and Frank Exchange of Views), s.36(1) (Confidentiality of Communications), and s.38(1)(b) (personal information) of FOISA applies to that information. The reasons why that exemption(s) applies are explained below.

An exemption(s) under section(s) s.28, s.29(1)(a), s.30(b)(i), s. 30(b)(ii), s.36(1), and s.38(1)(b) of FOISA applies to some the information you have requested.

S. 28 (Relations with the UK) apply to some of the information because the Scottish Government is currently in discussions with the UK Government regarding complementary approaches to conversion practices legislation. Due to these conversations some of the information you have requested contains information provided by the UK Government which has been provided to the Scottish Government in confidence.

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 release because it would demonstrate the transparency of government. However, this is outweighed by the public interest in upholding the exemption. As this is a live and ongoing policy area for both Scottish and UK governments we do not believe it would benefit the public to release thinking at this stage. Furthermore, release of this information may prejudice relations with the UK government. This is especially relevant at this time, in which the Scottish Government is forging a relationship with an incumbent UK administration.

S. 29(1)(a) (Policy formulation) applies to some of the information because the Scottish Government is still in the process of finalising our policy positions with regards to proposed legislative measures to end conversion practices in Scotland. Therefore, your request for all 'policy analysis' relates to policy currently under formulation.

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 release because of the importance of ensuring an open and accountable government. However, this is outweighed by the public interest in allowing the government to follow due diligence in considering and analysing policy options in depth before presenting both the end result and analysis to the wider public for scrutiny and debate.

S. 30(b)(i) (Free and frank provision of advice) applies to some of the information because, as the policy area in question is still ongoing, some of the information you have requested contains free and frank advice to the Minsters regarding policy positions.

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 release because of the importance of ensuring an open and accountable government. However, this is outweighed by the public interest in allowing the Scottish Government to present and provide detailed and unrestricted advice and considerations when developing policy positions.

S. 30(b)(i) (Free and frank provision of advice) applies to some of the information because, as the policy area in question is still ongoing, some of the information you have requested contains free and frank discussion between the Scottish Government and external stakeholders.

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 Ministers and officials a private space within which to communicate with appropriate external stakeholders as part of the process of exploring and refining the Government’s position, until the Government as a whole can adopt a decision that is sound and likely to be effective. This private space is essential to enable all options to be properly considered, so that good decisions can be taken based on fully informed advice and evidence. Premature disclosure is likely to undermine the full and frank discussion of issues between the Scottish Government and these stakeholders, which in turn will undermine the quality of the policy decision making process, which would not be in the public interest.

36(1) (Confidentiality of Communications) applies to some of the information because some of the documents contain legally privileged information.

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 release because of the importance of ensuring an open and accountable government. However, this is outweighed by the public interest in allowing due pr ocess and ensuring Scottish Government can obtain necessary legal advice pertaining to live and ongoing areas.

s.38(1)(b) (personal information) applies to some of the information because it includes names andjobs titles belonging to third parties.

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.

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

FOI 202400437824 - Information released - Annex

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FOI 202400437824 - Information released - Powerpoint

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