Introduction of The Medicines (Gonadotrophin-Releasing Hormone Analogues) (Emergency Prohibition) (England, Wales and Scotland) Order: FOI release

Information requested

In relation to the introduction of The Medicines (Gonadotrophin-Releasing Hormone Analogues) (Emergency Prohibition) (England, Wales and Scotland) Order 2024 by the UK Government.

Firstly, I would like to ask what engagement was made between the Scottish Government and UK Government for the introduction of this legislation including copies of any meeting minutes?

Secondly, I ask if any Scottish Minister or Scottish Government Officials gave approval and if so a copy of this record?

Third, if you can advise of any decisions made by the Scottish Government in relation to recommendations of the Cass Report?

And finally, what stakeholder groups has the Scottish Government engaged with since the publication of the Cass report in relation to gender dysphoria, gender reassignment, treatment, support and the prescription of Gonadotrophin-Releasing Hormone Analogues to under 18's as well as the reason for these meetings?

Response

Your request was in four parts. I will address each part separately, below.

A
In relation to the introduction of The Medicines (Gonadotrophin-Releasing Hormone Analogues) (Emergency Prohibition) (England, Wales and Scotland) Order 2024 by the UK Government.

• What engagement was made between the Scottish Government and UK Government for the introduction of this legislation including copies of any meeting minutes?

I enclose a copy of some of the information you requested, separately to this letter. 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 sections s.28(1) (Relations within the UK), s.30(b)(ii) (Free and frank exchange of views) and s.38(1)(b) (personal information) of FOISA applies to some of the information you have requested.

Section 28(1) “exempts information from disclosure where disclosure would, or would be likely to, prejudice substantially relations between administrations in the UK (e.g. between Westminster and Holyrood).” Section 30(b)(ii) states that “information is exempt information if its disclosure under this Act would, or would be likely to, inhibit substantially: [....] (ii) the free and frank exchange of views for the purposes of deliberation.

Section 38(1)(b) states that “information is exempt information if it constitutes personal data and the first, second or third condition is satisfied (see subsections (2A) to (3A)).” Subsection 2A(a) states that “the first condition is that the disclosure of the information to a member of the public otherwise than under this Act would contravene any of the data protection principles”.

Exemptions under sections 28(1) 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. Further information on exemptions applied can be found in the Annex to this letter.

B
In relation to the introduction of The Medicines (Gonadotrophin-Releasing Hormone Analogues) (Emergency Prohibition) (England, Wales and Scotland) Order 2024 by the UK Government.

• I ask if any Scottish Minister or Scottish Government Officials gave approval and if so a copy of this record?

Because of the reserved matter of the legislation, Scottish Ministers or Scottish Government approval was not required for the introduction of this legislation by UK Government.

C
In relation to the introduction of The Medicines (Gonadotrophin-Releasing Hormone Analogues) (Emergency Prohibition) (England, Wales and Scotland) Order 2024 by the UK Government.

• Can advise of any decisions made by the Scottish Government in relation to recommendations of the Cass Report?

As advised to the Scottish Parliament on 23 April 2024, a multi-disciplinary clinical team within the Office of the Chief Medical Officer in Scottish Government, which includes paediatric, pharmacy and scientific expertise, is assessing the Cass Review’s clinical recommendations and will engage with the relevant clinical leadership in NHS Boards in relation to those recommendations.

This report is now published. It and the Scottish Government's initial response to it can be viewed here: Improving gender identity healthcare - gov.scot (www.gov.scot)

D
In relation to the introduction of The Medicines (Gonadotrophin-Releasing Hormone Analogues) (Emergency Prohibition) (England, Wales and Scotland) Order 2024 by the UK Government.

• What stakeholder groups has the Scottish Government engaged with since the publication of the Cass report in relation to gender dysphoria, gender reassignment, treatment, support and the prescription of Gonadotrophin-Releasing Hormone Analogues to under 18's as well as the reason for these meetings?

The Scottish Government routinely engages with a variety of stakeholders on improvement of gender identity healthcare as provided by NHS Scotland. In reply to your specific request, the following meetings have been held between the Scottish Government and the following stakeholders since publication of the final report of the Cass Review in relation to gender dysphoria, gender reassignment, treatment, support and the prescription of Gonadotrophin-Releasing Hormone Analogues to under 18's, specific to the introduction of The Medicines (Gonadotrophin-Releasing Hormone Analogues) (Emergency Prohibition) (England, Wales and Scotland) Order 2024 by the UK Government.

Stakeholder	Date	Reason for meeting
UK Government Officials	22-May	Regarding proposed UK legislation.
Scottish Trans and LGBT Youth Scotland	30-May	To share information with stakeholders on planned patient communication on NHS Inform.

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 202400418281 - Information released - Annex

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