Correspondence regarding Gender Neutral Toilets and Sex Equality and Equity Network: FOI release

Information requested

1. SG’s trans policy on using toilets and changing rooms, including the impact assessment informing that policy and information on who (excluding personal data) was consulted; whether any complaints or concerns have been made (again excluding personal data).

2. Information held in SG’s viva engage site for LGBT+ staff that mentions “gender critical” (or “GC”) , JK Rowling (or JKR) and “transphobia”/“transphobic”/“transphobe” between 2019 and 2024.

3. Any information held in relation to SEEN - sex equality and equity network.

4. Whether SG’s women development network is for women only or includes people who identify as women and whether SG has any women (for the avoidance of doubt, biological) only networks.

Response

1 Scottish Government’s trans policy.

The use of toilets and changing rooms is covered within the SG trans and non binary equality and inclusion policy. You can find the full policy and procedure as published in a previous FOI at https://www.gov.scot/publications/scottish-governments-transgender-policy-foi-release/

You can find the EQIA for this policy and procedure at https://www.gov.scot/publications/sg-trans-policyguidance-review-2021-2022-eqia/

The EQIA includes information on who was consulted.

We have interpreted your request regarding “complaints” to mean formal complaints lodged under our internal grievance policy (formerly Fairness at Work). Scottish Government has had no formal complaints under those policies ‘in relation to the trans and non binary policy position on using toilets and changing rooms.

For informal complaints, line managers in the Scottish Government are encouraged to deal with concerns about bullying and/or unacceptable behaviour at an early stage on an informal basis, where appropriate to do so. There is no requirement to report informal action to HR and therefore this is formal notice under section 17(1) of FOISA that the Scottish Government does not hold information about informal action.

One document of record which may relate to the scope of your request is attached removing personal information (section 38 (1b)).

2 Information held in SG’s viva engage site for LGBT+ staff

We have interpreted this request as relating to the LGBTI+ Network group on Viva Engage. Information within the scope of this request is being withheld under section 39(1) of FOISA on the basis that disclosure would, or would be likely to, endanger the physical health or mental health or safety of the members of that group. This exemption is subject to the ‘public interest test’. Taking into account the terms included within this request we have considered whether the public interest in disclosing the information outweighs the public interest in applying the exemption. We recognise public interest in disclosing information as part of open, transparent and accountable government. However, there is a greater public interest in ensuring that the physical and mental health and safety of staff is not harmed.

We consider that there is no public interest in disclosing information when that will lead to harm and which does not add to information already in the public domain.

3 SEEN - sex equality and equity network.

We have interpreted this request as asking for information held by relevant policy teams on the sex equality and equity network and SEEN as an acronym.

Some documents relating to the ‘sex equality and equity network’ are attached with personal details redacted (section 38 (1b)).

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 under section 36(1) of FOISA applies. In applying the ‘public interest test’, 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 due process and ensuring Scottish Government can obtain necessary legal advice pertaining to live cases.

A search for “SEEN” across our corporate record system returned more than 200,000 documents over the last four years because of the generic nature of the acronym. Analysing the first three pages of returns identified no relevant documents. A further search combining “SEEN” and a further search criterion of ‘gender critical” returned no relevant documents.

4 SG’s women development network

We have interpreted this request as asking about Scottish Government diversity staff networks, the eligibility and membership of the Women’s Development Network, and how it describes itself to the organisation and to its members.

Diversity networks are self organising structures and members may join their chosen networks according to how they identify

Below is the Women’s Development Network description published on the Scottish Government intranet (Saltire) and Viva Engage.

“Saltire Description
The Women's Development Network (WDN) aims to create a supportive platform and level-playing field for women (and those who identify as women) across the Civil Service in Scotland. The WDN is designed to provide a dedicated space for women to define and pursue personal and professional development. The network acts as a forum to understand, discuss, and address some of the barriers which still exist between women and leadership in the Civil Service, while also working collaboratively with other networks to acknowledge the intersectionality of women's issues. The WDN provides women with opportunities to talk, listen, and share experiences – so that everyone can learn together and 'lift as we climb'.”

“Viva Engage Description

• The Women's Development Network (WDN) aims to create a supportive platform and level-playing field for women across the Civil Service in Scotland to come together to discuss their experiences and career aspirations. It will give people opportunities to talk, listen and share experiences.
• Our WDN membership encompasses all social identities, including (but not limited to) age, gender identity, sexual orientation and race: let's all learn together and lift as we climb.“

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 202400446122 - Information released - Annex

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