Misogyny Bill documentation: FOI release

Information requested

All documentation held by the Scottish Government, including correspondence sent and received (including internal), minutes/notes from meetings, briefings, and analysis, about the misogyny bill and/or adding misogyny to the hate crime bill, from the last month.

Response

I would like to point out that the Scottish Government confirmed on 1 May 2025 their intention to lay a draft SSI to add ‘sex’ as a protected characteristic to the Hate Crime and Public Order (Scotland) Act 2021 (“the 2021 Act”): Written question and answer: S6W-37425 | Scottish Parliament Website. Conducting a search for adding ‘misogyny’ to the 2021 Act yielded no results as there is no power to add ‘misogyny’ to the Act. Therefore, I have interpreted your request to relate to the adding of ‘sex’ to the 2021 Act as opposed to ‘misogyny’.

Some of the information you have requested is available online. The draft SSI, policy note and consultation paper are available online at: Draft SSI to add 'sex' as a characteristic to the hate crime and public order (Scotland) Act 2021 - gov.scot

Further, I enclose a copy of some of the information you requested.

While our aim is to provide information whenever possible, in this instance we are unable to provide some of the information you have requested because an exemption(s) under section(s):

• s.30(b)(ii) - Free and frank exchange of views;
• s.38(1)(b) - Personal data relating to third party; and
• s36(1) - Confidentiality in legal proceedings

of FOISA applies to that information.

Exemptions s.30(b)(ii) and s36(1) 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 recognise that there is public interest in transparency and accountability in the work of the Government. Disclosure of the information withheld s.30(b)(ii) and s36(1) could enhance public understanding of the development of policy, the reasoning behind decisions made by Ministers and the legal basis for these decisions.

However, we consider that these interests are outweighed by the need to maintain the space for internal discussion and advice that supports effective government. Releasing information under s.30(b)(ii) could compromise the integrity of the policymaking process, and withholding information under section s36(1) ensures that legal advice and discussion of the policy implications of that legal advice remains confidential.

Exemptions under s.38(1)(b) (Personal data relating to third party) are 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.

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 202500478574 - Information released - Documents

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