Pilot to challenge men's demand for sexual services in Glasgow: FOI release
- Published
- 4 November 2024
- Directorate
- Justice Directorate
- Topic
- Law and order, Public sector
- FOI reference
- FOI/202400433452
- Date received
- 24 September 2024
- Date responded
- 22 October 2024
Information request and response under the Freedom of Information (Scotland) Act 2002.
Information requested
In the May 2024 minutes of the Equally Safe Joint Strategic Board, it is stated that Jeff Gibbons, head of the VAWG unit at the Justice Directorate, has been engaging with "key stakeholders" to "explore the potential of establishing a pilot [to challenge men's demand for sexual services] in Glasgow".
Please provide:
1. Details of any meetings held in relation to the pilot, including dates, attendees, agendas and minutes.
2. Copies of any correspondence, either in written or electronic form, sent or received by representatives of the Scottish Government in relation to such a pilot.
And,
In the May 2024 minutes of the Equally Safe Joint Strategic Board, it is stated that Jeff Gibbons, head of the VAWG unit at the Justice Directorate, has been engaging with "key stakeholders" to "explore the potential of establishing a pilot [to challenge men's demand for sexual services] in Glasgow".
Please provide all correspondence between the VAWG unit and the key stakeholders in question, relating to this proposed pilot.
Response
I enclose a copy of some of the information you requested- please find attached.
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 Section 38 (personal information), Section 30(b)(i) (free and frank provision of advice) and Section 29(1)(a) – formulation or development of government policy of FOISA applies to that information. The reasons why exemptions apply are explained below, please see Annex A.
However I have also included the following information below as background to our current work in this policy area in case helpful.
In February 2024 the Scottish Government published the ‘strategic approach to challenging and deterring men’s demand for prostitution and supporting the recovery and sustainable exit of those involved in prostitution.’ This Strategy sets out the Scottish Government’s collective approach, working with stakeholders across the wider public and third sector, to challenge and deter men’s demand for prostitution and support those with experience of it.
Our Strategic Approach outlines the next steps we will take, working across government and with stakeholders to implement its aims. This includes developing an improved pathway of support for those with experience of CSE- through a ‘hub approach’ strengthening the links between mainstream and specialist services.
The development of an improved pathway of support is an ongoing area of work, which we are continuing to develop with stakeholders- updates will be published on our Scottish Government webpages here.
In addition to our work discussing this work on a national basis we continue to discuss this from a local perspective as wellincluding with stakeholders in Glasgow, an initial discussion on early draft proposals, from a Glasgow perspective, was held on 13 May 2024.
Annex A – Reasons for not providing information.
Exemptions under Section 38 (personal information) of FOISA contains four exemptions, all relating to personal information. Information is exempt from disclosure if it is: the personal data of the person requesting the information (section 38(1)(a)); the personal data of a third party – but only if other conditions apply (section 38(1)(b)); personal census information (section 38(1)(c)); or a deceased person's health record (section 38(1)(d)).
The exemptions in sections 38(1)(a) and (b) regulate the relationship between FOISA, the UK General Data Protection Regulation and the Data Protection Act 2018. Processing of personal data must be fair as well as lawful, so fairness needs to be considered separately. Guidance issued by the ICO in relation to the UK GDPR states that fairness means public authorities should only handle personal data in ways that people would reasonably expect and not use it in ways that have unjustified adverse effects on them. Public authorities should therefore take the following into account: Whether the individual expects their role to be subject to public scrutiny. Consideration should be given to the person’s seniority, whether they have a public profile and whether their role requires a significant level of personal judgement and individual responsibility. Whether any distress or damage would be caused to the data subject as a result of the disclosure; Any express refusal by the data subject; Whether the information relates to the data subject’s public or private life. A person’s private life is likely to deserve more protection. Therefore, to protect those individuals from unexpected public scrutiny and potential distress or damage caused by disclosure, it is considered that the exemption, detailed above, is applicable in these circumstances – particularly given this is a sensitive area of policy.
Exemptions under Section 30(b)(i) (free and frank provision of advice) of FOISA apply to some of the information you have requested. This exemption recognises the need for partners and officials to have a private space within which to provide free and frank advice to Ministers and other officials before the Scottish Government reaches a settled public view. This exemption is also subject to the ‘public interest test’. We have found that, on balance, the public interest lies in favour of upholding the exemption. 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 in allowing a private space within which partners and officials can provide full and frank advice to Ministers and other officials as part of the Government policy process. This private thinking space is essential to enable all options 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 between Ministers, officials and partners, on a sensitive, developing area of policy.
Exemptions under Section 29(1)(a) – formulation or development of government policy applies to some of the information requested because it relates to the ongoing development of the improved support pathway for women with experience of prostitution, which is an ongoing, developing area of policy.
This 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 exemption. We have found that, on balance, the public interest lies in favour of upholding the exemption. 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 in high quality policy and decision-making, and in the properly considered implementation and development of policies and decisions. This means that Ministers and officials need to be able to consider all available options and to debate those rigorously, to fully understand their possible implications.
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.
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- File size
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Contact
Please quote the FOI reference
Central Correspondence Unit
Email: contactus@gov.scot
Phone: 0300 244 4000
The Scottish Government
St Andrew's House
Regent Road
Edinburgh
EH1 3DG
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