Meetings with Dr Lyndsey Moon: FOI Review

Information requested

Original request - 202400421460

Please confirm all meetings from 2021 - 2024 the Scottish Government has had with Dr Lyndsey Moon, on which dates they happened, who was involved, what was discussed, who initiated each meeting, and provide any emails, documents and reports relating to these meetings being planned, undertaken or discussed.

Response

I have now completed my review of our response to your request under the Freedom of Information (Scotland) Act 2002 (FOISA).

"Please confirm all meetings from 2021 - 2024 the Scottish Government has had with Dr Lyndsey Moon, on which dates they happened, who was involved, what was discussed, who initiated each meeting, and provide any emails, documents and reports relating to these meetings being planned, undertaken or discussed."

I have concluded that a different decision should be substituted.

I have undertaken searches of the Scottish Government's electronic records document management system for the information requested. I then reviewed all the documents found to determine whether they were within the scope your request. Based on the content of some of the documents found, I also undertook a search to see what information had been published by the Scottish Government about the Expert Advisory Group on Ending Conversion Practices.

Under section 25(1) of FOISA, we do not have to give you information which is already reasonably accessible to you. In this instance, the minutes of all Expert Advisory Group meetings are relevant to your request and held by the Scottish Government but are accessible to you as they can be found on the gov.scot website (Ending Conversion Practices Expert Advisory Group - gov.scot (www.gov.scot). Information on the remit and membership of the group, along with its final report, are also relevant to your request and are also accessible from the same webpage. The meetings of the Ending Conversion Practices Advisory Group were initiated by the Scottish Government.

In addition, the following information was found in relation to the part of your request referring to "emails, documents and reports relating to these meetings being planned, undertaken or discussed" that were found are as follows:

1. email invitation to Dr Moon regarding Expert Advisory Group and their response
2. the appointment letter to Dr Moon to become a member of the Expert Advisory Group and accompanying email
3. privacy Notice issued to members of the Expert Advisory Group
4. a submission making recommendations on the membership of the Expert Advisory Group
5. ministerial papers for the inaugural meeting of the Expert Advisory Group
6. agenda for the inaugural meeting of the Expert Advisory Group
7. planning paper for Roundtable sessions on Ending Conversion Practices
8. document setting out draft membership of the Expert Advisory Group
9.further document setting out proposed membership of the Expert Advisory Group
10. meeting log

An exemption under section 38(1)(b) of FOISA (personal information) applies to some the information requested because it is personal data of a third party, i.e. the names and individual telephone and email contact details of officials within the Scottish Government or UK government departments, and disclosing it would contravene the data protection principles in Article 5(1) of the General Data Protection Regulation and in section 34(1) of the Data Protection Act 2018. 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.

An exemption under s30(b)(i) (free and frank provision of advice) applies to some information. This exemption applies where stated because disclosure would, or would be likely to, inhibit substantially the free and frank provision of advice for the purposes of deliberation concerning the membership of the Expert Advisory Group and also concerning issues to be addressed within subsequent Roundtable sessions. The exemptions recognise the need for officials and Special Advisers to be able to engage in the free and frank provision of advice before decisions are made on the handling of meetings with stakeholders and who should be included in groups working with the Scottish Government. Disclosing views and opinions on stakeholders and assumptions or interpretations of their concerns would likely substantially inhibit the provision of such advice and significantly impact the effective conduct of public affairs, particularly on matters of high sensitivity.

The s30(b)(i) exemption is 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 have found that, on balance, the public interest lies in favour of upholding the exemption for the advice. We recognise that there is a public interest in disclosing information as part of open, transparent and accountable government, and to inform public debate. However, there is a greater public interest enabling officials and special advisers to engage in the free and frank provision of advice about stakeholder engagement in order for that engagement to be as effective and productive as possible; and also to ensure that stakeholders are not deterred from engagement because officials' opinions and views of them would be made public.

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 202400424131 - Information released - Annex 1 - 10

File type

55 page PDF

File size

4.6 MB