Publication - FOI/EIR release

Communication with Welsh Government concerning the Children (Equal Protection) Act: FOI release

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

Published:
5 Jul 2021
Communication with Welsh Government concerning the Children (Equal Protection) Act: FOI release
FOI reference: FOI/202100211125
Date received: 8 Jun 2021
Date responded: 2 Jul 2021
Information requested

Email correspondence between the Scottish Government and the Welsh Government concerning the Children (Equal Protection) Act since 7 November 2020.

Response

Attached is a copy of some of the information 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 28(1) (relations within the UK) and 38(1) (personal information) of FOISA apply to that information. The reasons why these exemptions apply are explained below.

Section 28(1): relations within the UK
This exemption applies because disclosing some of the information you have asked for would, or would be likely to, substantially prejudice relations between the Scottish Government and the Welsh Government.

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 the nature of the Children (Equal Protection from Assault) Scotland Act 2019, and how the Scottish Government has communicated with an administration within the UK about its work on this Act (noting that the devolved administration in question is currently implementing similar legislation). However, this is outweighed by the public interest in upholding the ability of the Scottish Government to enjoy free and frank exchanges of views with other administrations within the UK. The interests of the UK administrations could be prejudiced if information it provided to other administrations is not appropriately safeguarded, and the public interest lies in ensuring that such interests are not at risk of being so prejudiced.

Section 38(1): personal data
This exemption applies because some of the information you have asked for comprises personal data (in this case, primarily names). 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.

About FOI
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Contact

Please quote the FOI reference
Central Enquiry Unit
Email: ceu@gov.scot
Phone: 0300 244 4000

The Scottish Government
St Andrews House
Regent Road
Edinburgh
EH1 3DG