UK Government regulations to restrict the prescribing and supply of puberty-suppressing hormones: FOI release

Information requested

Information in relation to UK Government regulations to restrict the prescribing and supply of puberty-suppressing hormones: The Medicines (Gonadotrophin-Releasing Hormone Analogues) (Emergency Prohibition) (England, Wales and Scotland) Order 2024:

1. On what date was the Scottish Government first made aware of the UK Government's consideration of, or intention to, legislate so as to restrict the prescribing and supply of pubertysuppressing hormones?

2. Any correspondence between the Scottish and UK Governments in relation to the aforementioned regulations, in particular regarding: (a) evidence of the risk to health, justifying the use of such regulations; and (b) risks posed to continuity of care by such regulations; and

3. Whether the Scottish Government sought advice, further information or evidence regarding the aforementioned matters, either externally or internally (for example, from the Chief Medical Officer).

Response

In relation to your 1st request, the Scottish Government was made aware of UK Governments intention on 17 May 2024.

In relation to your 2nd request, all of the information you have requested is available from a previous FOI release which can be found at Puberty Blocker Restriction: FOI release - gov.scot (www.gov.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(s) listed, then please contact me again and I will send you a paper copy.

In relation to your 3rd request, while our aim is to provide information whenever possible, in this instance we are unable to provide the information you have requested because an exemption under section 36(1) - Confidentiality in communications - legal privilege of FOISA applies to that information. The reason why that exemption applies is explained in the Annex to this letter.

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.

There is 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.