Details of meetings with various equality organisations: FOI release

Information requested

How many meetings has the Scottish Government and its officials held with each of these organisations in the last six months and could you supply all the minutes/notes from these meetings, plus briefings ahead of them.

Breakdown for each organisation:

• Stonewall Scotland and/or Stonewall
• Equality Network
• LGBT Youth Scotland

Response

In response to your request the Scottish Government have held 13 meetings with the organisations you have mentioned in your request between 8/5/2024 and 8/11/2024.

With regards to the minutes of the meetings some of the information you have requested is available here:
National Gender Identity Healthcare Reference Group - 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. A meeting of the National Gender Identity Healthcare Reference Group took place on 1/10/2024. The details of this meeting will be published within the next 6 weeks therefore under section 27(1) this information is exempt for release.

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 section(s) s.30(b)(i) (Free and frank provision of advice) and s.38(1)(b) (personal information) of FOISA applies to that information.

The reasons why that exemption(s) applies are explained below.

S. 30(b)(i) (Free and frank provision of advice) applies to some of the information because, as the policy area in question is still ongoing, some of the information you have requested contains free and frank advice to the Minsters regarding policy positions.

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 some public interest in release because of the importance of ensuring an open and accountable government. However, this is outweighed by the public interest in allowing the Scottish Government to present and provide detailed and unrestricted advice and considerations when developing policy positions.

S. 30(b)(i) (Free and frank provision of advice) applies to some of the information because, as the policy area in question is still ongoing, some of the information you have requested contains free and frank discussion between the Scottish Government and external stakeholders. 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 allowing Ministers and officials a private space within which to communicate with appropriate external stakeholders as part of the process of exploring and refining the Government’s position, until the Government as a whole can adopt a decision that is sound and likely to be effective. This private space is essential to enable all options to be properly considered, so that good decisions can be taken based on fully informed advice and evidence. Premature disclosure is likely to undermine the full and frank discussion of issues between the Scottish Government and these stakeholders, which in turn will undermine the quality of the policy decision making process, which would not be in the public interest.

S.38(1)(b) (personal information) applies to some of the information because it includes names and jobs titles belonging to third parties. 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.

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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 202400440015 - Information released - Annex

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