Analysis relating to the inclusion of sex/gender within Hate Crime Bill: FOI release

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

Information requested

Analysis provided by officials which led to the Scottish Government’s initial decision to reject Lord Bracadale’s recommendation to include what he termed “gender” as a protected characteristic in the Bill, and any subsequent analysis which was used to confirm this position.

Any further detailed analysis undertaken by officials of evidence submitted to the Scottish Government by Engender, or by any other organisations arguing against the inclusion of sex (or gender) in the Bill.


I attach a copy of some of the information you requested as set out in the attached schedule.

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 of FOISA exemptions. These exemptions are as follows:

  • Section 30(b)(i) (free and frank provision of advice)
  • Section 36(1) (legal professional privilege)
  • Section 38(1)(b) (personal information)

The reasons why these exemptions apply are explained in the Annex to this letter.

We have identified all documents provided by officials that contain analysis in relation to the inclusion of sex/gender within the Hate Crime Bill.

You may also be interested to visit the Scottish Government website where you can view the response to FOI request 201900003579, which asked for information on the Scottish Government’s engagements with women’s groups to discuss adding 'sex' as a characteristic to the draft legislation.

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 - 202100165382 - Information Released - Schedule
FOI - 202100165382 - Information Released - Annex


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

The Scottish Government
St Andrews House
Regent Road

Back to top