Complaints of sex crime and violence against male & transgender male Ministers: FOI release
- Published
- 9 May 2022
- Directorate
- Propriety and Ethics Directorate
- Topic
- Equality and rights, Public sector
- FOI reference
- FOI/202200284451
- Date received
- 25 January 2022
- Date responded
- 28 March 2022
Information request and response under the Freedom of Information (Scotland) Act 2002.
Information requested
You have asked to be provided with:
A) A full list of all elected male and transmale Ministers of the Scottish Government.
B) All recorded complaints of a sex crime or violent crime raised against such Ministers by women or transgender women along with the outcome of each complaint being found as innocent, notproven- or guilty by the criminal courts of Scotland.
C) All measures in place by this Government to protect women or transgender women from nonconsensual action by male or transgender male Ministers of this government. Between 25/1/2019 - 25/1/2022.
Response
A) In relation to your first request, under section 17(1) of the Freedom of Information (Scotland) Act 2002 (FOISA), while our aim is to provide information when possible, the Scottish Government does not have the information you have requested.
You can access a list of the Ministers of the current Scottish Government which is published at: Cabinet and Ministers - gov.scot (www.gov.scot).
A full list of ministers who have been in post but are no longer in post during the period 25/01/2019 to 25/01/2022 are: Derek Mackay, Fiona Hyslop, Fergus Ewing, Jeane Freeman, Joe FitzPatrick, Paul Wheelhouse, Aileen Campbell, Michael Russell, Graeme Dey, and Roseanna Cunningham.
B) In relation to your second request, while our aim is to provide information whenever possible, in this instance, the Scottish Government does not have the information you have requested. The Scottish Government has not been, and would not expect to be, a party to any such criminal proceedings. However, you may wish to contact the Crown Office & Procurator Fiscal Service at foi@copfs.gov.uk who may be able to help you if you require information on any criminal proceedings.
This is a formal notice under Section 17(1) FOISA that the Scottish Government does not have the information you requested.
C) We have interpreted this question as referring to measures in place to protect women or transgender women members of the civil service from non-consensual action by male or transgender male Ministers of this Government. Ministers are subject to the same laws that apply to everyone in Scotland, and as such, all staff are protected by the laws of Scotland. Ministers are also bound by the terms of the Ministerial Code, published at Scottish Ministerial Code: 2018 edition - gov.scot (www.gov.scot) which states:
1.2. Ministers should be professional in all their dealings and treat all those with whom they come into contact with consideration and respect. Working relationships, including with civil servants, Ministerial and Parliamentary colleagues and Parliamentary staff should be proper and appropriate. Harassing, bullying or other inappropriate or discriminating behaviour, wherever it takes place, is not consistent with the Ministerial Code and will not be tolerated.
In addition, the Scottish Government has published ( Handling of harassment complaints involving current or former ministers - gov.scot (www.gov.scot) ) its revised procedures for handling complaints against current or former Ministers, which give assurance to staff that any impropriety will be properly and impartially investigated.
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.
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
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