Emails mentioning Mridul Wadhwa, CEO of Rape Crisis Edinburgh: FOI release

Information requested

Emails from 1 April 2021 to the present, which mentioned Mridul Wadhwa, CEO of Rape Crisis Edinburgh from May last year, and/or rape crisis attitudes to trans issues, and/or discussed tensions within the organisation on these matters and differences of opinions between different geographic centres of the Rape Crisis movement, in particular if there were suggestions that funding could be affected by taking a particular stance.

Response

I enclose a copy of most of the information you requested in the format you asked for. 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.38(1)(b) and sections 30(b)(i) and (ii) of FOISA applies to that information. The reasons why the exemptions apply are explained in the Annex to this letter.

REASONS FOR NOT PROVIDING INFORMATION

Exemptions under section 38(1)(b) of FOISA applies to all the information you have requested. This exemption means the personal data which the disclosure of which would contravene data protection principles is redacted. Personal data includes all information that relates to an individual, and includes identifiers such as name, address, and date of birth.

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.

An exemption under section s.30 (b)(i) and (ii) of FOISA applies to some the information you have requested. These exemptions have been applied as disclosure would, or would likely to, inhibit substantially the free and frank provision of advice and discussion. These exemptions recognise 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. Disclosing the content of free and frank advice of transgender equality policies will substantially inhibit the provision of such advice in the future particularly because discussions relate to a sensitive issue.An exemption under section s.30 (b)(i) and (ii) of FOISA applies to some the information you have requested. These exemptions have been applied as disclosure would, or would likely to, inhibit substantially the free and frank provision of advice and discussion. These exemptions recognise 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. Disclosing the content of free and frank advice of transgender equality policies will substantially inhibit the provision of such advice in the future particularly because discussions relate to a sensitive issue.

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 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 free and frank advice and views to Ministers and other officials, as part of exploring and refining the Government’s decisions on transgender equality.

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.

Released emails - 202200297844

File type

7 page PDF

File size

214.3 kB