Gender Identity Healthcare Reference Group: FOI release

Information requested

You provided the following background to your request:

‘The gender identity healthcare access team are secretariats for the gender identity healthcare reference group. The role of a secretariat for the STAC are Scottish Government officials’ whose role is to make arrangements for meetings, produce minutes and facilitate the general workings of the Committee. The STAC website mention in the context of the secretariat that all papers pertaining to the work of the Committee, including its sub-groups, should be copied to the secretariat, part of whose duty will be to keep records, track progress on issues and finalise with the staff and employer representatives the form of words to be used for communications to NHS Scotland through the most appropriate means.’

Assuming the role of secretariats to the gender identity healthcare reference group is similar I request under the FOI Act:

1. Full minutes from all of the Gender identity healthcare reference group meetings.
2. All records held pertaining to the work of the gender identity healthcare reference group, including sub-groups or it’s individual members.
3. All records of any communication with NHS Scotland regarding the work of the gender identity healthcare reference group.
4. All records pertaining to how the members of the gender identity healthcare reference group were chosen.

Response

When processing your request, I considered this to be one request with four separate component requests. Eachcomponent request was considered and responded to separately below.

Component 1 - Full minutes from all of the Gender identity healthcare reference group meetings.

The information you have requested is available online on the National Gender Identity Healthcare Reference Group webpage. 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 me again and I will send you a paper copy.

Component 2 - All records held pertaining to the work of the gender identity healthcare reference group, including sub-groups or it’s individual members.

I interpreted this part of the request as all records in any format related to the work of National Gender Identity Healthcare Reference Group (the Group), any sub-groups and any individual members of the Group from its establishment in March 2022 until 23 September 2024 when the request under the Freedom of Information (Scotland) Act 2002 (FOISA) was made.

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 because of the large number of documents that would be within the scope of your request. 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. You might, for instance, wish to consider further narrowing 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: How do I ask for information? | Scottish Information Commissioner (foi.scot).

Component 3 - All records of any communication with NHS Scotland regarding the work of the gender identity healthcare reference group.

I interpreted this part of the request as all records of any communication in any format between Scottish Government and any and all health boards - and their employees - within NHS Scotland that relate to the work of National Gender Identity HealthcareReference Group (the Group) from its establishment in March 2022 until 23 September 2024 when the request under the Freedom of Information (Scotland) Act 2002 (FOISA) was made.

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 because of the large number of documents that would be within the scope of your request. 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. You might, for instance, wish to consider further narrowing 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: How do I ask for information? | Scottish Information Commissioner (foi.scot).

Component 4 - All records pertaining to how the members of the gender identity healthcare reference group were chosen.

This request was interpreted as any records in any format relating to any discussions, considerations and choice of membership of the Group.
I enclose a copy of some of the information you requested.

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 insert specific sections s29(1)(a) (policy formulation), s30(b)(i) (free and frank provision of advice), s30(b)(ii) (the free and frank exchange of views) and s38(1)(b) (personal information)] of FOISA applies to that information.

Section 29(1)(a) states that information is exempt under section 29(1)(a) if it relates to the formulation or development of government policy.

Section 30(b)(i) of FOISA states that information is exempt ‘if its disclosure would, or would like to, inhibit substantially the free and frank provision of advice.’

Section 30(b)(ii) of FOISA states that “information is exempt information if its disclosure under this Act would, or would be likely to, inhibit substantially 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”.

You can find a more detailed explanations of why these exemptions apply in Annex A to this letter.

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at https://www.gov.scot/foi-responses.

FOI 202400433076 - Information Released - Annex

File type

PDF

File size

372.8 kB