Short life working group information: FOI release

Information requested

1. Minutes/notes of all meetings of the short life working group established to co-ordinate the Scottish Government's response to the Supreme Court judgment in For Women Scotland vs. The Scottish Ministers;

2. A copy of the terms of reference for the working group, and any notes on how these terms of reference were created (e.g. earlier drafts, comments on those drafts from stakeholders, any other comments made during the approval process for the TOR etc.);

3. Any briefing papers, discussion papers, Powerpoint presentations or other documents associated with the working group and its meetings;

4. A note of the composition of the working group, including the roles of its members, their reasons for being on the working group, and how they were selected. This does not need to include names of staff, but could list, for example, "two senior HR staff, one adviser from the legal department, one facilities management staff, one adminstrative worker, one representative from the staff LGBTI+ Network, and one representative from the staff Sex Equality and Equity Network (SEEN).

Response

In relation to the Short Life Working Group in response to the Supreme Court Judgment in For Women Scotland vs. The Scottish Ministers, you have a number of asks which we will respond to each in-turn.

1) Minutes/notes of all the meetings of the Short Life Working Group.

2) A copy of the Terms of Reference for the working group and any notes on how these terms of reference were created.

4) A note of the composition of the working group including roles of its members and how they were selected.

An exemption under section 27(1) of FOISA applied to the above information you have requested because we intend to publish that information within 12 weeks of the date of your request. The Scottish Government intends to publish the Short Life Working Group’s members list, Terms of Reference, Agendas and Minutes of the meetings to maintain transparency.

As this information will be published within the 12 weeks of the date of your request we consider it reasonable to withhold the information rather than release the information requested before it has been published.

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 releasing the information requested to be transparent. However, given that the information requested will be subject to release within the appropriate time frame we do not consider that the public interest in releasing the information immediately outweighs the public interest in the administrative process running its course.

Some of the information you have requested is available from UK Supreme Court ruling on meaning of sex in Equality Act: update which provides further information on the Short Life Working Group, which has been included in the Terms of Reference. 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.

In relation to notes on how the Terms of Reference were created, I enclose a document with collated correspondences in relation to this ask. In this instance we are unable to provide some of the information you have requested because of exemption(s) under sections 38(1)(b) Personal Data, 27(1) Information intended for publication and 30(b)(i) Free and frank exchange of advice of FOISA applies to that information.

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 a public interest in disclosing information as part of open, transparent and accountable government. However, given that the information requested will be subject to release within the appropriate time frame we do not consider that the public interest in publishing the information immediately outweighs the public interest in the administrative process running its course.

3) Briefing papers, discussion papers, Powerpoint presentations or other documents associated with the working group and its meetings.

In relation to documents associated with the working group and its meetings, while our aim is to provide information whenever possible, in this instance we are unable to provide the information contained within the documents because there is an exemption under section 27(1) (information intended for future publication) and under 30(b)(i) Free and frank exchange of advice of FOISA that applies to that information.

These exemptions are 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 a public interest in disclosing information as part of open, transparent and accountable government. However, given that the information requested will be subject to release within the appropriate time frame we do not consider that the public interest in publishing the information immediately outweighs the public interest in the administrative process running its course.

Some of the information you have requested is available from UK Supreme Court ruling on meaning of sex in Equality Act: update. This update includes information on the Short Life Working Group and is considered a document associated with the working group. 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.

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 202500472952 - Information released - Document

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