Gender self-identification and conversion therapy ban information: FOI release
Information request and response under the Freedom of Information (Scotland) Act 2002.
Information requested
Could you supply all documentation held by the Scottish Government, including correspondence sent and received (including internal), minutes/notes from meetings, briefings and analysis, about gender self-identification, from the last month?
Could you supply all documentation held by the Scottish Government, including correspondence sent and received (including internal), minutes/notes from meetings, briefings and analysis, about a conversion therapy ban, from the last month?
Could you supply all documentation held by the Scottish Government, including correspondence sent and received (including internal), minutes/notes from meetings, briefings and analysis, to/from or about Edinburgh Rape Crisis Centre, from the last three months?
Could you supply all documentation held by the Scottish Government, including correspondence sent and received (including internal), minutes/notes from meetings, briefings and analysis, to/from or about Mridul Wadhwa, from the last three months?
Response
You asked for information about “gender self-identification”. As you will be aware, the way of obtaining a Gender Recognition Certificate (GRC) is by applying to the UK Gender Recognition Panel. This is not a form of “gender self-identification. Information on applying for a GRC is at Apply for a Gender Recognition Certificate: Overview - GOV.UK.
The Scottish Government proposed to reform this process by way of the Gender Recognition Reform (Scotland) Bill. This was prevented from proceeding to Royal Assent by an Order made by the Secretary of State for Scotland under section 35 of the Scotland Act 1998. The process planned for obtaining a GRC under the Bill was outlined in this factsheet: Gender Recognition Reform (Scotland) Bill: more information - gov.scot
I have assumed that in your FOISA request you are referring to correspondence about this Bill. I enclose a copy of most of the information you have requested for the period. Relevant documents from 7 July 2025 to 6 August 2025 are attached in Annex A.
I enclose a copy of most of the information you have requested for the period that you requested it for. Relevant documents from 7 July 2025 to 6 August 2025 are attached in Annex B.
Having performed the relevant searches we have found that the Scottish Government does not hold documentation to/from or about Edinburgh Rape Crisis Centre from the last three months.
Having performed the relevant searches we have found that the Scottish Government does not hold documentation to/from or about Mridul Wadwha from the last three months.
This is a formal notice under section 17(1) of FOISA that the Scottish Government does not have the information you have requested for Question 4 and 5.
In regards to Question 2 and 3, 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 exemptions under sections, s28(1) (UK relations), s30(b)(i) (free and frank provision of advice), section 27(1) (information intended for future publication) and section 38(1)(b) (personal data).
The reasons why that exemptions applies are explained below.
An exemption under section 28(1) of FOISA (relations within the UK) applies to some the information requested. This exemption applies because disclosure would, or would be likely to, prejudice substantially relations between the Scottish Government and the UK Government. It is essential for the effective administration of the UK as a whole that there should be regular, and often private, communications between the Scottish Government, the UK Government and the other devolved administrations. The release of these communications about Gender Recognition Reform (Scotland) Bill will mean that the UK Government likely to be more reluctant to share such information with the Scottish Government in future, which would reduce both the frequency and openness of communications between the Scottish Government and other UK administrations.
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 maintaining good relations between the Scottish Government and the UK Government, and in protecting the free exchange of information between the administrations to ensure that we keep each other fully and regularly informed about matters of mutual interest, such Gender Recognition Reform (Scotland) Bill. There is no public interest in disclosing information when that will damage relationships and disrupt future communications.
An exemption under section 30(b)(i) of FOISA (free and frank provision of advice) applies to some of the information requested. This exemption applies because disclosure would, or would be likely to, inhibit substantially the free and frank provision of advice. This exemption recognises the need for officials to have a private space within which to provide free and frank advice to Ministers before the Scottish Government reaches a settled public view. Disclosing the content of free and frank advice on Gender Recognition Reform (Scotland) Bill or conversion practices will substantially inhibit the provision of such advice in the future, particularly because these discussions relate to a sensitive issue
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 allowing a private space within which officials can provide full and frank advice to Ministers as part of the process of exploring and refining the Government’s position on Gender Recognition Reform (Scotland) Bill and conversion practices. This private thinking space is essential to enable all options to be properly considered, based on the best available advice, so that good decisions can be taken. Premature disclosure is likely to undermine the full and frank discussion of issues between Ministers and officials, which in turn will undermine the quality of the decision making process, which would not be in the public interest.
An exemption under section 27(1) of FOISA applies to some the information requested because we intend to publish that information within 12 weeks of the date of your request. We consider that it is reasonable to withhold the information until that date, rather than release some of this information before the planned publication date.
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 release as part of open, transparent and accountable government and this will be met by our planned publication. In the meantime, there is a greater public interest in taking the time necessary to ensure the information has been properly collated and checked before it is published as planned. Also, we see no public interest in disrupting our programme of work to release the information ahead of the intended publication date.
An exemption under section 38(1)(b) of FOISA (personal information) applies to some of the information requested because it is personal data of a third party, ie names and disclosing it would contravene the data protection principles in Article 5(1) of the General Data Protection Regulation and in section 34(1) of the Data Protection Act 2018. 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.
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.
Contact
Please quote the FOI reference
Central Correspondence Unit
Email: contactus@gov.scot
Phone: 0300 244 4000
The Scottish Government
St Andrew's House
Regent Road
Edinburgh
EH1 3DG