Reforming the criminal law to address misogyny consultation responses: FOI release

Information requested

Copies of the consultation responses and the analysis of them, along with all written communication regarding recommendations or decisions taken resulting from the consultation.

Response

While our aim is to provide information whenever possible, in this instance we are unable to provide some the information you have requested because exemptions under sections 27(1) (Future publication: 12 weeks), Section 29(1)(a) (formulation and development of government policy) and 38(1)(b) (Personal Information) of FOISA applies to that information. The reasons why these exemptions apply are explained below.

An exemption under section 27(1) of FOISA applies to some of the information requested, because we intend to publish the consultation responses and accompanying analysis in March or early April 2025, which will be within 12 weeks of the date of your request. We consider that it is reasonable to withhold the information on this basis until that date, rather than release 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, however, 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.

Further, an exemption under section 29(1)(a) (formulation and development of government policy) of FOISA applies to some of the information requested. This exemption applies because disclosure would, or would be likely to, inhibit substantially the free and frank exchange of views for the purposes of deliberation. This exemption recognises the need for Ministers and officials to have a private space within which to discuss and explore options before the Scottish Government reaches a settled public view. Disclosing the content of free and frank discussions on the policy formulation of the Misogyny Bill following consultation with stakeholders and the public will substantially inhibit such discussions in the future, particularly because these discussions are still ongoing and decisions have not been finalised.

This exemption is subject to the ‘public interest test’. 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 explore and refine the Government’s position on the policy content of the Misogyny Bill following consultation, until the Government as a whole can adopt a policy that is sound and likely to be effective. This private thinking space is essential to enable all options to be properly considered, so that good policy decisions can be taken. Premature disclosure is likely to undermine the full and frank discussion of issues between Ministers and officials, which in turn will undermine the quality of the policy making process, which would not be in the public interest.

Finally, an exemption under Section 38(1)(b) of FOISA (personal information) applies to some the information requested. This exemption is not subject to the ‘public interest test’.

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at https://www.gov.scot/foi-responses.

FOI 202500447498 - Information Released - Annex

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PDF

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872.6 kB