Communications regarding Mermaids charity since May 2021: FOI release

Information requested

Information about any Scottish Government communications with or about the charity Mermaids since 1 May 2021. Please details of any meetings, including any dates, agendas and minutes, and any records created in that period relating to past, present or possible future funding.

Response

I attach a copy of some of the information you 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 an exemptions under sections s.38(1)(personal information), s.30(b)(i) (free and frank provision of advice) and s.30(b)(ii)(free and frank exchange of views for the purposes of deliberation) of FOISA applies to that information. The reasons why that exemptions applies are explained below.

Exemptions under sections s.38(1), s.30(b)(i) and s.30(b)(ii) of FOISA apply to some of the information you have requested. S.38(1) applies to information which is personal data; s.30(b)(i) applies to information which, if released would inhibit the free and frank provision of advice; s.30(b)(ii) applies to information which, if released, would inhibit the free and frank exchange of views for the purposes of  deliberation.

An exemption under s.38(1) 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 s.30(b) 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 in transgender rights and the operation of the charity Mermaids. However, this is outweighed by the public interest in upholding the First Minister's Questions (FMQ) process and allowing the free and frank exchange when deliberating. Releasing information intended for potential use after the date of the FOI request while it remains current would severely inhibit the FMQ process.

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.

FOI 202200323251 - Information Released - Annex

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20 page PDF

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931.9 kB