Publication - FOI/EIR release

Details of meetings with Equality groups: FOI release

Published: 7 February 2022
Directorate: Justice Directorate
Part of: Equality and rights, Public sector
FOI reference: FOI/202200269334
Date received: 3 January 2022
Date responded: 2 February 2022

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

Information requested

Further to the information provided in FoI response reference 202100258782 dated 16 December (sent 31 December), for the organisations named in that response, and for any others not included in the list with which relevant meetings have been held, please provide:

the dates of the meetings held,
any notes or other records of what was discussed at each meeting, and
any information held relating to setting up the meetings.

Response

Ministerial Meetings
Meeting date	Stakeholder	Information held
18 Nov 21	LGBTI Equality Groups Stonewall Scotland, Equality Network Scottish Trans LGBT Youth LGBT Health and Wellbeing	Requested 06 July Minutes of meetings - see document 1attached email exchanges - see document 4 attached
01 Dec 21	Scottish Trans Alliance	Requested 09 Sept MiCase ( ref: 202100239820) minutes of meeting - see document 3 attached email exchanges- see document 4 attached
13 Dec 21	LGBT Youth	Requested 18 Nov Meeting proposed by LGBT Youth during initial Ministerial meeting of 18 Nov 21 Minutes of meeting - see document 2 attached email exchanges - see document 4 attached

Officials Meetings
Meeting date	Stakeholder	Information Held
23 Jul 21	Equality Human Rights Commission	email exchanges - see document 4 attached
29 Jul 21	National Records of Scotland	diary message - see document 4 attached
27 Aug 21	Equality Network/ Stonewall	email exchanges - see document 4 attached
24 Sept 21	Children and Young People’s Commissioner	diary message - see document 4 attached
04 Nov 21	National Records of Scotland	diary message - see document 4 attached
11 Nov 21	LGBT Stakeholders Stonewall Scotland, Equality Network Scottish Trans	email exchanges - see document 4 attached
17 Nov 21	LGBT Youth	email exchanges - see document 4 attached
03 Dec 21	National Records of Scotland	diary message - see document 4 attached
07 Dec 21	LGBT Stakeholders Stonewall Scotland, Equality Network Scottish Trans LGBT Youth	email exchanges - see document 4 attached
17 Dec 21	Scottish Civil Justice Council	email exchanges - see document 4 attached

Further meetings have taken place but have not been included as they do not fall within the scope of your request.

An exemption under section 38(1)(b) of FOISA applies to some of the information you have requested, because it is personal data of a third party, in that it consists of personal information that may identify an individual 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".

An exemption under section 29(1)(a) applies to some of the information because it relates to the formulation of the Scottish Government’s policy. 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 high quality policy and decisionmaking, and in the properly considered implementation and development of policies and decisions. This means that Ministers and officials need to be able to consider all available options and to debate those rigorously, to fully understand their possible implications. Their candour in doing so will be affected by their assessment of whether the discussions on any funding decisions will be disclosed in the near future, when it may undermine or constrain the Government’s view on that policy while it is still under discussion and development.

An exemption under section 36(1) of FOISA applies to some of the information because it relates to legal advice and disclosure would breach legal professional privilege. 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 as part of 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 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 http://www.gov.scot/foi-responses.