Gender Representation on Public Boards (Scotland) Statutory Guidance: FOI release

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

Information requested

"Please provide the following information in relation to the Statutory Guidance to the Gender Representation on Public Boards (Scotland) Act 2018:

  • All drafts of the guidance document
  • Any external exchanges about changes made between versions"


I enclose a copy of most of the information you requested. 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 38(1)(b) and 36(1) of FOISA applies.
Information is exempted under 38(1)(b) because this is personal information, relating to employees of the Scottish Government.

The exemption under section 36(1) of FOISA applies as information may be withheld if it is information in respect of which a claim to confidentiality of communications could be maintained in legal proceedings for example, if information is “legal privileged”.

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 release because of concerns raised that the definition of “woman” would disadvantage women and undermine their rights. However, this is outweighed by the public interest in maintaining the right to confidentiality of communications between legal advisers and clients, to ensure that Ministers and officials are able to receive legal advice in confidence, like any other public or private organisation.

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at

FOI-202000044344 - Information released - Annex 1
FOI-202000044344 - Information released - Annex 2
FOI-202000044344 - Information released - Annex 3
FOI-202000044344 - Information released - Annex 4
FOI-202000044344 - Information released - Annex 5
FOI-202000044344 - Information released - Annex 6


Please quote the FOI reference
Central Enquiry Unit
Phone: 0300 244 4000

The Scottish Government
St Andrews House
Regent Road

Back to top