Puberty Blocker Restriction: FOI release

Information requested

“All correspondence between the UK Government and Scottish Government relating to the announcement today by the UK Government to initiate a ban on the supply of new prescriptions for puberty blockers. I am requesting all correspondence preceding and subsequent to the announcement.”

Response

I enclose a copy of some of the information you have requested. Within the enclosures, redactions have been made under section 38(1)(b). An exemption under section 38(1)(b) of FOISA (personal information) applies to some of the information requested because it is personal data of a third party, i.e. the names/contact details of individuals, and disclosing it would contravene the data protection principles in Article 6 of the General Data Protection.

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 28 (relations within the UK), (30)(b)(ii)(free and frank exchange of information) and section 36(1) of FOISA apply to that information. The reasons why the exemptions applies are explained in the Annex to this letter.

In addition, some information is withheld because it is out of the scope of the current request.

ANNEX
REASON FOR NOT PROVIDING INFORMATION

Exemptions apply, subject to the public interest test

Exemptions under FOISA apply to some of the information you have requested. These exemptions 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 exemptions. We recognise that there is some public interest in releasing this information for the sake of greater transparency and openness.

However, under section 30(b)(ii) of FOISA there is a greater public interest in allowing a private space within which officials can exchange full and frank views, as part of the process of exploring and refining the Government’s policy position. This private thinking space is essential to enable all issues to be properly considered, based on the best available advice, so that good policy decisions can be taken. Disclosure is likely to undermine the full and frank discussion of issues, which in turn will undermine the quality of the policy making process, which would not be in the public interest. Therefore, we have found that, on balance, the public interest lies in favour of upholding the exemptions.

Some information is withheld under section 28 of FOISA, the disclosure of which would “substantially prejudice” relations between UK administrations. Having considered if the public interest in disclosing the information outweighs the public interest in applying the exemptions, while we recognise that there is some public interest in releasing this information for the sake of greater transparency and openness, this is outweighed by the damage in relations that disclosure would cause.

There is also an exemption made under section 36(1) of FOISA which applies to some of the information requested because it is information in respect of which a claim of confidentiality could be maintained in legal proceedings, i.e. the information is legally privileged. Having considered if the public interest in disclosing the information outweighs the public interest in applying the exemptions, while we recognise that there is some public interest in releasing this information for the sake of greater transparency and openness, this is outweighed by the strong inherent public interest in maintaining the right to confidentiality of communication between a legal adviser and their client on administration of justice grounds.

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 202400416782 - Information Released - Documents 1-3

File type

19 page PDF

File size

903.7 kB