Short Life Working Group queries: FOI release

Information requested

1. How long does the Scottish Government expect the Short Life Working Group relating to the For Women Scotland Ltd v The Scottish Ministers judgement to be in operation for?

2. Can you confirm how many civil servants are involved in the working group?

3. What action has this group so far taken?

4. Any correspondence sent to or from members of the Scottish Government relating to the function of this group.

Response

As you have a number of asks, we will respond to each in-turn.

Questions 1 and 2

While our aim is to provide information whenever possible, in this instance the Scottish Government does not have the information you have requested. The reasons why we don't have the information are explained below.

The Scottish Government does not have the information you have asked for because we do not have a set end date for the Short Life Working Group (SLWG) or a static number of members of the SLWG. Both membership and duration of the SLWG are subject to the needs of the Scottish Government, and are therefore adaptable as necessary.

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

Question 3

In answer to your third question, key areas of government impacted by the judgment are taking action to implement the ruling. Activity includes:

• The guidance for the Gender Representation on Public Boards (Scotland) Act 2018 has now been updated and published to reflect the judgment.
• The Public Appointments Recruitment Process for regulated Public Bodies is being amended to reflect the Supreme Court ruling on the 2018 Act.
• Stop and Search Code of Practice - Following our scoping exercise and joint working with Police Scotland, we will publicly consult on the Stop and Search Code of Practice later this Summer.
• The Supporting Transgender Young People in Schools Guidance is being reviewed, recognising that the EHRC are also reviewing Technical Guidance for Schools.
• We are meeting key stakeholder groups to discuss the judgment, as well as the EHRC, UK and
• Welsh Governments to ensure collective understanding of the practical implications of the judgment.

Question 4

While our aim is to provide information whenever possible, in this instance the costs of locating, retrieving and providing the information requested would exceed the upper cost limit of £600. This is because you have asked for any correspondence relating to the function of the Short Life Working Group (SLWG). Given the scale and breadth of the SLWG's work the volume of correspondence relating to the functions of the group significantly exceeds the cost cap of £600. Under section 12 of FOISA public authorities are not required to comply with a request for information if the authority estimates that the cost of complying would exceed the upper cost limit, which is currently set at £600 by Regulations made under section 12.

You may, however, wish to consider reducing the scope of your request in order that the costs can be brought below £600. For example, limiting correspondence by date and/or a more specific ask relating to the function of the group. You may also find it helpful to look at the Scottish Information Commissioner's 'Tips for requesting information under FOI and the EIRs' on his website at: http://www.itspublicknowledge.info/YourRights/Tipsforrequesters.aspx.

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.