Publication - FOI/EIR release

Meetings with Victor Madrigal, UN Independent expert on sexual orientation and gender identity: FOI release

Published: 5 January 2024
Directorate: Equality, Inclusion and Human Rights Directorate
Topic: Public sector
FOI reference: 202300354797
Date received: 3 May 2023
Date responded: 23 June 2023

Information request and response under the Freedom of Information (Scotland) Act 2002.

Information requested

All information held relating to meetings held with Ministers or officials in May 2023 with the UN Independent Expert on SOGI, Victor Madrigal, including papers relating to arrangements, briefings, agendas and any handwritten or other notes of discussion at the meetings. Please confirm that this includes a search for any information held on any relevant devices.

Response

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 s.30 (prejudice to effective conduct of public affairs) and s.38 (1)(b)(personal data) of FOISA applies to that information. The reasons why that exemption applies are explained below.

Some information included as part of the Ministerial Briefing and all of the Minister’s Steering Brief is considered free and frank provision of advice and is exempt from release under s.30 FOISA. Personal data of 3rd parties has been redacted from all documents being released as this information is exempt under s.38(1)(b) FOISA.

The exemption under s.30 FOISA 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 subject of the meeting. However, this is outweighed by the public interest in ensuring free and frank advice on matters can be provided to Scottish Government Ministers.

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.