Publication - FOI/EIR release

Pregnancy and Maternity Discrimination Working Group: FOI release

Published: 28 March 2018

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

FOI reference: FOI/18/00474
Date received: 12 February 2018
Date responded: 19 March 2018

Information requested

A) information relating to the Pregnancy and Maternity Discrimination Working Group

B) the group remit, members, dates of meetings thus far and those going forward, goals, actions etc.

C) copies of any documents associated with the group, such as agendas, minutes, briefings, notes, correspondence, reports, communications etc.

Response

I enclose a copy of the information you requested regarding group remit, members, goals, actions, notes, correspondence, reports and communications.

Most of the remaining information you have requested is available from http://www.employabilityinscotland.com/key-clients/women-and-work/pregnancy-and-maternity-discrimination-working-group/.

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.

Please note that we have redacted and excepted a significant number of the documents under section 38(1) (b) (personal data) of FOISA apply.

An exemption under section 38(1)(b) of FOISA (personal information) applies to some of the information requested because it is personal data of a third party and disclosing it would contravene the data protection principles in Schedule 1 to the Data Protection Act 1998. This relates to the names and contact details of junior staff members and external organisations. 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.

The list documents below have been partially released as they contain information which falls under the following excemptions:

Documents 19, 25, 34, 43, 54, 74 and 80: section 27 (i) of FOISA (information intended for future publication);
Documents 39, 57- 66 : sections 27 (i) of FOISA (information intended for future publication) and section 30 (b) (ii) (information relating to free and frank exchange of views);
Documents 68 and 69 : sections 27 (i) of FOISA (information intended for future publication) and 30 (c ) (substantial prejudice to the effective conduct of public affairs in relation to communications/ meetings with external stakeholders) of FOISA; and

These exemptions are 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 and transparent government. However we believe that the information relating the considerations of the working group is available on the employability in Scotland web page and we will ensure that future agendas and minutes are also published on this website.

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