Scottish Trans and other trans activist organisations correspondence: FOI release

Information requested

1) The safety or otherwise of biological males who identify as women (also known as “trans women”) breastfeeding infants, and

2) Correspondence with Scottish Trans and other trans activist organisations which are funded by the Scottish Government on:

a) males breastfeeding infants and
b) the recent EHRC consultation.

Response

With regards to question 1) while our aim is to provide information whenever possible, in this instance the Scottish Government does not have the information you have requested.

This is a formal notice under section 17(1) of FOISA that the Scottish Government does not have the information you have requested.

With regards to question 2) please find attached the documents which hold the information you have requested.

Please note that an exemption under section s.38(1) of FOISA (the personal data of a third party) applies to some of the information you have requested.

This exemption 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. The exemption under section 30(b) (free and frank provision of advice) applies to some the information requested because it relates to advice given to Ministers.

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, and to inform public debate. However, there is a greater public interest in protecting the effective conduct of public affairs.

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 202500475364 - Information released - Annex

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