Conversion therapy, puberty blockers and the Cass Review: FOI release

Information requested

1. Could you supply all correspondence between Scottish Greens, including its MSPs and staffers and the Scottish Government about the Gender Reform Recognition Act, from the last six months?

2.
a) Could you provide a list of those who were consulted for the banning conversion therapy bill and who advised on the creation of it?
b) Have you looked at the Coventry University paper?

3. Could you provide evidence to support the statement that shows 1000s of Scots have underwent conversion therapy?

4. Could you provide all analysis/reviews undertaken by the government on puberty blockers?

5. Could you supply all correspondence received by the Scottish Government on the Cass Review between April 1 2024 and the date of this FOI?

6. Has the Scottish Government taken legal advice on the Cass Review?

Response

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

Question 1

Regarding your first query, this is a formal notice under section 17(1) of FOISA that the Scottish Government does not have the information you have requested. This is because we do not hold records of correspondence between Scottish Greens, including its MSPs and staffers and the Scottish Government about the Gender Reform Recognition Act, in the six months preceding your request.

Question 2 a)

The Scottish Government has consulted on proposals relating to ending conversion practices. We therefore refer to “ending conversion practices” as opposed to “banning conversion therapy” throughout this response.

To date, the Scottish Government has not produced a bill on ending conversion practices. We have therefore interpreted this as a request for a list of those we have engaged and consulted with on the development of the proposals for legislation to date.

The Scottish Government published a public consultation which ran from 9 Jan 2024 – 2 April 2024 which set out proposals for legislation. In developing these proposals, we engaged and consulted with appropriate teams within the Scottish Government.

Ministers and/or Officials have also engaged and consulted with the following external organisations in development of the Scottish Government’s proposals in relation to Ending Conversion Practices in Scotland, prior to, during and following the consultation process:

• Academy of Royal Colleges
• Association of Christian Counsellors
• Augustine United Reformed Church
• Autistic Knowledge Development
• Baptist Union of Scotland
• British Association of Art Therapists
• British Psychological Society
• Catholic Church
• CEMVO
• Children in Scotland
• Children’s Health Scotland
• Christian Institute
• Christian Medical Fellowship
• Church of Scotland
• Circular3
• Community Policy Forum
• Complementary and Natural Healthcare Council
• Connect
• Crown Office and Procurator Fiscal Service
• Drama Therapist 
• Edinburgh Hebrew Congregation
• Edinburgh Interfaith Association
• Edinburgh Jewish Culture Centre
• Ending Conversion Therapy Scotland
• Equality and Human Rights Commission
• Equality Network
• Evangelical Alliance
• Expert Advisory Group on Ending Conversion Practices
• For Women Scotland
• Free Church of Scotland
• General Medical Council
• GLADD
• Glasgow City Parent’s Group
• Inclusion Melbourne
• Interfaith Edinburgh
• Interfaith Scotland
• LEAP Sports Scotland
• LGBT Youth Scotland
• LGBT+ Health and Wellbeing
• MEND
• Methodist Church in Scotland
• Metropolitan Community Church
• MoU Coalition Against Conversion Therapy
• National Parent Forum Scotland
• Naz and Matt Foundation
• New Zealand Human Rights Commission
• Police Scotland
• Republic of Ireland Department of Children, Equality, Disability, Integration and Youth
• Royal College of Psychiatrists
• Sarbat LGBT+ Sikhs
• Sarbat Sikhs
• Scotland Office
• Scottish Ahlul Bayt Society
• Scottish Association of Mosques
• Scottish Courts and Tribunal Service
• Scottish Episcopal Church
• Scottish Human Rights Commission
• Scottish Humanist Society
• Scottish Pagan Federation
• Scottish Rape Crisis Centre
• Scottish Society for Jewish Communities
• Scottish Trans
• Scottish Youth Parliament
• Shakti Women’s Aid
• Stonewall Scotland
• Strong Support
• Survivor Group
• Transparentsees
• UK Government
• UN Independent Expert on Protection Against Violence and Discrimination Based on Sexual Orientation or Gender Identity
• UN Special Rapporteur on Violence Against Women, its Causes and Consequences
• University of Edinburgh
• Victorian Equal Opportunity and Human Rights Commission
• West of Scotland Race Equality Council
• [REDACTED under section 38(1)(b) ‘Personal Information’ of FOISA]
• [REDACTED under section 38(1)(b) ‘Personal Information’ of FOISA]

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) of FOISA apply to that information.

An exemption under section 38(1) (b) ‘Personal Information’ of FOISA applies to some of the information you have requested. This has been applied to names, email addresses, contact numbers, pronouns and salutations where necessary. 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.

Question 2 b)

The development of the proposals set out in the consultation document “Ending Conversion Practices in Scotland” has been informed by a large range of evidence including research commissioned and published by the UK Government Equalities Office, such as the Coventry University paper entitled: “Conversion therapy: an evidence assessment and qualitative study”.

Question 3

The statement that thousands of Scots have undergone conversion therapy did not originate from the Scottish Government, and as such the Scottish Government does not hold the information you requested. This is a formal notice under section 17(1) of FOISA that the Scottish Government does not have the information you have requested. Key evidence in relation to the Scottish Government’s proposals for Ending Conversion practices and the scale of conversion practices in Scotland is set out in our public consultation document “Ending Conversion Practices in Scotland” in paragraphs 22 through 29.

Question 4

Regarding your fourth query, an exemption under section 25(1) of FOISA applies to the information you have requested.

The Scottish Government commissioned Healthcare Improvement Scotland (HIS) to undertake a review of the most recent evidence on using puberty blockers to treat young people with gender dysphoria. This review was published on 26 July 2023, and is available here: Rapid Response -
Evidence synthesis: puberty blockers for children and young people with gender dysphoria: July 2023 (healthcareimprovementscotland.scot).

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 listed, then please contact us again and we will send you a paper copy.

Question 5

Regarding your fifth query, while our aim is to provide information whenever possible, in this instance, the costs of locating, retrieving and providing the information requested would exceed the upper cost limit of £600. This is due to the large volume of correspondence about the Cass Review we have identified from the time period you have specified.

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.

You may, however, wish to consider reducing the scope of your request in order that the costs can be brought below £600. For example, you may wish to narrow the time period you are interested in. 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: http://www.itspublicknowledge.info/YourRights/Tipsforrequesters.aspx

Question 6

Regarding your sixth query, as of 21 May 2024, when we received your correspondence, the Scottish Government has not taken any legal advice pertaining to the Cass Review.

About FOI

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