Meeting between the Equality and Human Rights Commission and Ministers on 24 April 2025: FOI release

Information requested

The following information relating to the meeting between the Equality and Human Rights Commission, Neil Gray, and Shirley-Anne Sommerville on 24 April 2025.

• Any briefing provided to Neil Gray or Shirley-Anne Sommerville in advance of the meeting.
• The minutes of the meeting.

Response

In relation to the first point in your Freedom of Information request, two documents were identified as in scope. These documents are attached with this response as separate PDFs entitled ‘Briefing for meeting with EHRC’ and ‘Further briefing ahead of meeting with EHRC’. However, exemptions apply and redactions have been made to the majority of the documents. 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 36 (1) - Confidentiality in legal proceedings (covers legal advice)
• Section 38 (1) (b) - Personal data not disclosed

​​​​​​​Section 30(b)(ii), Section 30(c), and Section 36(1) 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), Section 30(c) and Section 36(1) would, or would be likely to, inhibit substantially the free and frank provision of advice and exchange of views for the purposes of deliberation, prejudice substantially the effective conduct of public affairs, and impinge on the right to confidentiality of communications between a legal adviser and their client. 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.

​​​​​​​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 (including legal advice) and views to Ministers in briefing in advance of any meeting they have which relate to matters of a sensitive nature. It is clearly in the public interest that Ministers can properly 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 oral-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.

​​​​​​​In relation to the second point in your Freedom of Information request, an exemption under Section 17 – information not held – is applied. This is because the meeting with the EHRC for Thursday 24 April was cancelled by the EHRC at short notice, therefore there are no minutes of this meeting.

About FOI

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FOI 202500463393 - Information Released - Annex

File type

PDF

File size

516.4 kB