Communication with Stonewall and Equality Network January to February 2021: FOI release

Information requested

Copies of all communications the Scottish Government had with Stonewall and Equality Network from 14 Jan 2021 to 13 Feb 2021.

Response

Attached is most of the information requested. 

While our aim is to provide information whenever possible, in this instance exemptions under section 38(1) (b) (personal information), section 27(1) (information intended for future publication) and Section 30(c) (otherwise substantially prejudice the effective conduct of public affairs) of FOISA apply to some of the information requested. Explanations of these have been provided below.

Section 38(1)(b) (personal information) applies to a small amount of the information requested because it is personal data of a third party, i.e. names/contact details of individuals, and disclosing it would contravene the data protection principles in Article 5(1) of the General Data Protection Regulation and in section 34(1) of the Data Protection Act 2018.

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.

Section 27(1) (information intended for future publication) applies to a small amount of the information requested because we intend to publish that information within 12 weeks of the date of your request as part of a wider publication of responses to the consultation on the draft guidance published by the Chief Statistician on sex and gender data. We consider that it is reasonable to withhold this information rather than release some of this information before the planned publication date.

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 there is an interest in what LGBTI organisations have said with regards to this work and this will be met by our planned publication. In the meantime, there is a greater public interest in taking the time necessary to ensure the information has been properly collated and checked before it is published as planned. Also, we see no public interest in disrupting our programme of work to release the information ahead of the intended publication date.

Section 30(c) (prejudice to effective conduct of public affairs) applies to a small amount of the information requested. It is essential for officials to be able to communicate, often in confidence, with external stakeholders on a range of issues.. Disclosing the content of these communications, particularly without the consent of the stakeholder, is likely to undermine their trust in the Scottish Government and will substantially inhibit communications on this type of issue in the future. These stakeholders will be reluctant to provide their views fully and frankly if they believe that their views are likely to be made public, particularly while these discussions relate to a sensitive or controversial issues. This would significantly harm the Government’s ability to carry out many aspects of its work, and could adversely affect its ability to gather all of the evidence it needs to develop fully informed policies.

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 a public interest in disclosing information as part of open, transparent and accountable government, and to inform public debate. However, there is a greater public interest in allowing Ministers and officials a private space within which to communicate with appropriate external stakeholders as part of the process of exploring and refining the Government’s position on LGBTI equality in general. This private space is essential to enable all options to be properly considered, so that good decisions can be taken based on fully informed advice and evidence, such as that provided by the Equality Network and Stonewall Scotland. Disclosure is likely to undermine the full and frank discussion of issues between the Scottish Government and these stakeholders, which in turn will undermine the quality of the policy making process, which would not be in the public interest.

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.

FOI202100218114 - Information released

File type

20 page PDF

File size

454.6 kB