Correspondence regarding Prostitution Strategy: FOI release

Information requested

Information regarding Prostitution - challenging and deterring men's demand: strategic approach:

1. A copy of all communications from 01/01/2021 between the Scottish Government and sex worker-led groups including, but not limited to: SCOT-PEP; United Sex Workers/Sex Workers Union; NUMbrella Lane/Umbrella Lane. This should include communications relating to the short-life working group on prostitution.

2. A list of all Scottish Government committees, working groups, expert panels or other such consultative or policy formation groups that contain representatives from sex-worker led groups.

3. A copy of any document which sets out how the principles of "learning from lived experience" and "promoting social inclusion and reducing stigma" relate to Scottish Government's communicating and working with sex worker-led groups.

4. A copy of any document which analyses the effect of stigma of sex work on reducing communications and collaboration between the Scottish Government and sex worker-led groups.

5. An itemised breakdown of all funding from the Scottish Government to sex worker-led groups since 01/01/2021.

Response

1. A copy of available correspondence is attached. You will note from this correspondence that Scot-Pep were invited to be members of the reference group of the short-life working group (SLWG) that developed the policy principles underpinning the recently published ‘strategic approach to challenging and deterring men’s demand for prostitution and supporting the recovery and sustainable exit of those involved in prostitution’. The reference group was formed to support the SLWG, recognising the range of interests involved in this work. The reference group received updates on the SLWG’s work and had opportunity to input their thoughts- further information can be found here: Challenging Men's Demand for Prostitution Short Life Working Group - gov.scot (www.gov.scot). Scot-Pep were members of the reference group until they left in April 2022, but since, and after, we have remained open to providing updates on our work. In 2023 we met with National Ugly Mugs to provide them with an update on our work.

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 section 38(1)(b) (personal information) apply. 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 Further information can be found in Annex A.

2. A previous short life working group which had its final meeting in April 2022 had representation from organisations working directly with people with experience of selling/exchanging sex, and its reference group had lived experience representation. Further information about the group and its membership can be found above.

While our aim is to provide information whenever possible, in this instance the costs of locating, retrieving and providing all of the information requested would exceed the upper cost limit of £600. The reason for this is that to locate and retrieve that information, in order to answer your query, we would need to conduct a search across the whole of the Scottish Government, given that your query relates to ‘all Scottish Government committees, working groups, expert panels or other such consultative or policy formation groups’.

Under section 12 of FOISA, public authorities are not required to comply with a request for information if the authority estimates that the cost of complying would exceed the upper cost limit, which is currently set at £600 by Regulations made under section 12.

For any future requests you may wish to consider reducing the scope of your request in order that the costs can be brought below £600. For example, you could specify the policy area(s) of the Scottish Government, or the specific dates that you are interested in, as this would allow us to limit the searches that would need to be conducted. You may also find it helpful to look at the Scottish Information Commissioner’s ‘Tips for requesting information under FOI and the EIRs’ on his website at: https://www.itspublicknowledge.info/how-do-i-ask.

3. Our recently published strategy, ‘Scotland’s strategic approach to challenging and deterring men’s demand for prostitution and supporting the recovery and sustainable exit of those involved in prostitution’ includes how the independently-led lived experience research we commissioned, published in 2022 has helped inform the development of our approach.

Participants within the lived experience engagement were primarily recruited through services which provide support to people who sell or exchange sex, either directly through workers or through posters displayed within the service. Engagement of facilitating services was attempted through direct contact with services including sexual violence support, domestic abuse charities, housing, addictions, peer support organisations, community organisations, employment support and sexual health.

Recruitment also took place through the use of posts on forums (including forums for people who sell or exchange sex specifically, and also general discussion sites which have designated areas for advertising research). Social media posts were shared by the research account on Twitter, and also by services who have a more established online presence, further information can be found here.

In addition to this, the policy principles underpinning our strategic approach, which aim to guide relevant service and policy development across government, the wider public and third sector, make clear the need to learn from lived experience and to promote social inclusion and reduce stigma. We continue to apply these principles across Scottish Government.

4. We do not hold such a document, but the documents referenced above make clear that the approach our strategic approach is taking is rooted in tackling stigma and promoting social inclusion. Information not held Section 17(1) of FOISA (information not held) requires the Scottish Government to notify you if it does not have the information you have requested. This is a formal notice under section 17(1) of FOISA that the Scottish Government does not have the information you have requested.

5. The Scottish Government supports a range of projects supporting women with experience of commercial sexual exploitation- this includes providing £700,000 through our Delivering Equally Safe fund, to organisations working to address commercial sexual exploitation and support those affected. Further information can be found within the policy annex to our recently published strategy, which can be accessed here: Annex: Overview of policies (www.gov.scot). Please see page 14.

ANNEX A

The Scottish Government does not have some of the information you have asked for because the following exemptions apply:

• Section 38(1) of FOISA (Personal information)
• Section 17(1) of FOISA (Information not held)
• Section 12 of FOISA (Excessive cost of compliance)

Section 38(1) Personal information
Some information has been redacted from the documents released - regarding personal data consisting of names and contact details of individuals which is exempt from disclosure under section 38(1)(b) (personal information).

Exemption under Section 38 (personal information) of FOISA contains four exemptions, all relating to personal information. Information is exempt from disclosure if it is:

• the personal data of the person requesting the information (section 38(1)(a));
• the personal data of a third party – but only if other conditions apply (section 38(1)(b));
• personal census information (section 38(1)(c));
• or a deceased person's health record (section 38(1)(d)).

The exemptions in sections 38(1)(a) and (b) regulate the relationship between FOISA, the UK General Data Protection Regulation and the Data Protection Act 2018. Processing of personal data must be fair as well as lawful, so fairness needs to be considered separately. Guidance issued by the ICO in relation to the UK GDPR states that fairness means public authorities should only handle personal data in ways that people would reasonably expect and not use it in ways that have unjustified adverse effects on them. Public authorities should therefore consider the following:

• Whether the individual expects their role to be subject to public scrutiny. Consideration should be given to the person’s seniority, whether they have a public profile and whether their role requires a significant level of personal judgement and individual responsibility.
• Whether any distress or damage would be caused to the data subject as a result of the disclosure.
• Any express refusal by the data subject.
• Whether the information relates to the data subject’s public or private life. A person’s private life is likely to deserve more protection.

Therefore, to protect those individuals from unexpected public scrutiny and potential distress or damage caused by disclosure, it is considered that the exemption, detailed above, is applicable in these circumstances.

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 202400399462 - Information released - Attachment

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12 page PDF

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3.0 MB