Information regarding Book of Non-Binary Identity: FOI release

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

Information requested

Notes, analysis, minutes, plans, or correspondence in relation to the 'Book of Non-Binary Identity', as proposed in the 2017 Consultation on Gender Recognition reform (paragraphs 7.10 and 7.11). You also asked whether the Scottish Government Non-Binary Working Group has given any consideration to the 'Book of Non-Binary Identity'.


I attach a copy of most of the information you requested in a PDF.

Some of the information you have requested is available from Review of the Gender Recognition Act 2004 - Scottish Government - Citizen Space ( and Review of the Gender Recognition Act 2004: consultation analysis - (

Under section 25(1) of FOISA, we do not have to give you information which is already reasonably accessible to you. If, however, you do not have internet access to obtain this information from the websites listed, then please contact me again and I will send you a paper copy.

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 an exemption under section s.27(1) (information intended for future publication) of FOISA applies to that information. The reasons why that exemption applies are explained below.

An exemptions under section s.27 of FOISA applies to some of the information you have requested. The document, the Non-binary Working Group Gendered Law Subgroup minutes, will be published on the Scottish Government website imminently alongside all minutes of Non-binary Working Group minutes. Section 27(1) states that information may be exempt if it will be published within 12 weeks.

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 interest around the Gender Recognition Reform Bill. However, as the minutes of the Non-Binary Working Group are to be published on Non-Binary Working Group - ( imminently, the exemption is to be upheld.

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 - 202200275036 - Information Released - Annex


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

The Scottish Government
St Andrews House
Regent Road

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