Explanatory Notes to the Hate Crime and Pubic Order (Scotland) Act 2021: FOI Release

Information requested

Information held in relation to the Cabinet Secretary for Justice's statement at the Justice Committee on 22 February 2021 concerning the use of explanatory notes to the Hate Crime and Public Order (Scotland) Bill to provide specific examples of behaviour that would not amount to an offence of stirring up hatred, and specifically, :

• any records in any form discussing how to respond to communications from MBM dated 15 March, 8 April, 6 June and 9 December 2021, and any correspondence from For Women Scotland on this issue;
• any record in any form of any more general discussion about the use of the explanatory notes in the way suggested;
• any records in any form relating to any in-person or online meeting attended by Ministers at which this was discussed, with the dates of those; and
• any records in any form of communications with or from any external person or organisation

Response

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

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 sections s.29(1)(a) (policy formulation), s30(b)(i) (free and frank provision of advice), and s30(b)(ii) (free and frank exchange of views) and 38(1)(b) (personal data) of FOISA applies to that information. The reasons why that exemption(s) applies are explained below. The exemptions at sections 29(1)(a), 30(b)(i) and 30(b)(ii) are 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 interest in discussions that took place between officials and Ministers regarding the content of the explanatory notes to the Hate Crime and Public Order (Scotland) Act 2021. However, this is outweighed by the public interest in providing a private space within which Ministers and officials can discuss the different possible approaches to the issue ahead of a final decision being taken by Ministers.

The exemption at section 38(1)(b) 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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FOI 202400407416 - Information Released - Annex

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2 page PDF

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185.8 kB

FOI 202400407416 - Information Released - Documents

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13 page PDF

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1.0 MB