NHS Fife Tribunal and Scottish Government transphobia guidance: FOI release

Information requested

1. A copy of the last press update/summary the Scottish Government communications team produced for Ministers and the First Minister regarding the tribunal.

2. A copy of the latest topical briefing regarding the tribunal.

By topical briefing I mean a document which summarises an issue for the First Minister and other Ministers by including latest news, developments and analysis of an issue.

Please extend this request to any documents produced for the First Minister or Health Minister when they appear in parliament or at First Ministers Questions.

3. A copy of the latest information document produced by the Scottish Government for Scottish Government staff about

(i)Transphobia
(ii) Transphobia in the workplace

4. The number of incidents relating to transphobia or transphobic behaviour reported by Scottish Government staff in 2022, 2023, 2024 and 2025.

Response

Outlined are the responses to each of your questions below -

1. Attached is the last press update / summary the Scottish Government communications team produced for Ministers and the First Minister regarding the tribunal on or before 12 March (the date of when your request was submitted).

2. Extracts from the ‘Transgender Equality - First Ministers Questions Briefing – 27th March 2025’ were identified as in scope. While our aim is to provide information whenever possible, the remainder of the document does not fall within the scope of the request. As for the extracts identified as in scope, exemptions apply and redactions have been made accordingly. These exemptions include the following:

• Section 30(b)(ii) – Prejudice to effective conduct of public affairs – free and frank exchange of views for the purposes of deliberation
• Section 30(c) – Prejudice to effective conduct of public affairs – would otherwise prejudice substantially, or be likely to prejudice substantially, the effective conduct of public affairs.
• Section 38 (1)(b), personal data not disclosed.

Both Section 30(b)(ii) and Section 30(c) are subject to the public interest test, as such, consideration was given to this before redactions were made.

Officials believe that the disclosure of the information redacted under Section 30(b)(ii) and Section 30(c) would, or would be likely to, inhibit substantially the free and frank provision of advice and exchange of views for the purposes of deliberation. The exemptions recognise the need for Ministers to have a private space within which to seek advice and views from officials before reaching the settled public position which will be given in whatever final Parliamentary answer Ministers then give.

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 a private space within which officials can provide free and frank advice and views to Ministers in briefing for First Ministers Questions. It is clearly in the public interest that Ministers can properly answer Parliamentary questions, provide sound information to Parliament (to which they are accountable), and robustly defend the Government’s policies and decisions. They need full and candid advice from officials to enable them to do so. Premature disclosure of this type of information may push Ministers to use more verbal-only and political briefing, particularly on matters of a sensitive nature. A greater reliance on these alternative kinds of briefings would not be in the interest of the effective conduct of public affairs, and could lead to a reduction in the comprehensiveness and frankness of such advice and views in the future. Therefore, disclosure of this information is decidedly not in the public interest.

3. This has been interpreted to mean a document that sets out the organisation’s position on support for trans colleagues, which is set out in the Scottish Government’s Trans and Non Binary Policy. The information you have requested is available from Scottish Government's Transgender Policy: FOI release - gov.scot. 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 website(s) listed, then please contact me again and I will send you a paper copy.

4. In relation to your request for the number of incidents relating to transphobia or transphobic behaviour reported by Scottish Government staff in 2022, 2023, 2024 and 2025, I have interpreted your request to mean all informal and formal complaints relating to transphobia or transphobic behaviour in the years noted.

Under the Scottish Government's grievance and disciplinary policies, line managers are expected to deal with concerns about inappropriate behaviour at an early stage and on an informal basis, where appropriate. There is no requirement to report informal complaints and action to HR and therefore this is formal notice under section 17(1) of FOISA that the Scottish Government does not hold information about informal complaints or actions.

In relation to formal action under these policies, in the years you have requested information for, there have been no formal complaints relating to transphobia or transphobic behaviour that have been reported by Scottish Government staff. You will wish to note that this response covers Scottish Government staff employed in the core Director-General business areas (see Annex A for details).

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 202500457127 - Information released - Annex

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