Gender Representation on Public Boards (Scotland) Act 2018 communication: FOI release

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

Information requested

Copies of all communication between the Scottish Government (including SG Legal Dept) and Equality Network and/or Scottish Trans Alliance that pertain to the Judicial Review by For Women Scotland on the Gender Representation on Public Boards Act.


Attached is a copy of some 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 section 36(1) (confidentiality of communications) and section 38(1)(b) (personal information) of FOISA apply to that information. The reasons why these exemptions apply are explained in the Annex. 


An exemption applies, subject to the public interest test

An exemption under section 36(1) of FOISA (confidentiality of communications) applies to some of the information you have requested because it is communications in contemplation of, or in connection with litigation and so litigation privilege applies.

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 we are committed to open and transparent government and to inform public debate. However, this is outweighed by the strong public interest in maintaining the right to confidentiality of communications so that Ministers and officials are able to correspond about contemplated or ongoing litigation 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

FOI202000116326 - Information released


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

The Scottish Government
St Andrews House
Regent Road

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