Communications on the availability and operation of Sexual Harm Prevention Orders and Sexual Risk Orders: FOI release

Information requested

Copies of all information provided from 1 October 2022 onwards to the Cabinet Secretary for Social Justice, Housing and Local Government, and the First Minister on the availability and operation of:

• Sexual Harm Prevention Orders (SHPOs)
• Sexual Risk Orders (SROs)

Response

Following a search of our records there were three documents that contained information that was potentially in scope of your request.

I enclose a copy of the information you have requested, although exemptions and redactions have been applied as described below.

1. Email to the Cabinet Secretary for Social Justice, Housing & Local Government

Exemptions under section 38(1)(b) of FOISA applies to some of this information as it contains personal data of individuals and disclosing it would contravene the data protection principles in Article 5(1) of the General Data Protection Regulation and in section 34(1) of the Data Protection Act 2018.

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.

All remaining information within scope in this document has been released.

2. Briefing for stage 3 debate on the Gender Recognition Reform (Scotland) Bill

All information within scope in this document has been released.

3. First Minister’s Questions Briefings, January 2023 – current 

This information is exempt under section 30(b)(i) of FOISA (free and frank provision of advice). This exemption applies because disclosure would, or would be likely to, inhibit substantially the free and frank provision of advice. This exemption recognises the need for 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 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 a private space within which officials can provide full and frank advice to Ministers and other officials. 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. Premature disclosure is likely to undermine the full and frank discussion of issues.

Some of the information you have requested is information that already exists in the public domain and is accessible on the Scottish Parliament website. Under section 25(1) of FOISA, we do not have to give you information which is already reasonably accessible to you. In this case the information can be found in the Parliament's Official Report for 22 December (First Minister’s Question Time on page 13) and also in section 8EB of the Gender Recognition Reform (Scotland) Bill 2022.

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.

202300351739_Availability and operation of SHPOs and SROs

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