Posts and correspondence that contain the phrases birthing or pregnant people: FOI Review

Information requested

Original Request: 202500472707

Any correspondence sent to or by Ministerial emails since 8 May 2024 that contain the phrase(s) “birthing persons”, “birthing person”, “birthing people”, “pregnant people”, “pregnant person”, and/or “pregnant persons”.

Any posts on the Scottish Government All-Company group on Viva Engage or similar all-staff intranet sites since 8 May 2024 that contain the phrase(s) “birthing persons”, “birthing person”, “birthing people”, “pregnant people”, “pregnant person”, and/or “pregnant persons".

Response

I have now completed my review of our response to your request under the Freedom of Information (Scotland) Act 2002 (FOISA) for correspondence to/from Ministers, and Viva Engage posts, referring to birthing person, pregnant person, and other associated terms. Your request specifically asked for consideration of the email you attached, from the Deputy First Minister’s (DFM) office, regarding a visit to the Carseview Centre in NHS Tayside.

Your review stated that “the correspondence withholds what the Deputy First Minister had requested be removed from future briefings. This is not a case of officials providing free and frank advice, which was the basis for withholding it, it is a Minister stating a preference for future briefings that would themselves be subject to FOIs. Therefore, I believe it is in the public interest to know what the request was.”

Review of your request

I have concluded that a different decision should be substituted. An explanation of my reasoning follows in the paragraphs below.

​​​​​​​I have considered the information that was redacted in the email in question. This contained information redacted under two exemptions of FOISA. These were:

• Section 30(b)(ii) – free and frank exchange of views for the purposes of deliberation
• Section 38(1)(b) – personal data

​​​​​​​Firstly, on personal data, I have reviewed the application of this exemption and I am satisfied that this has been applied appropriately in this circumstance, with one exception. The email address of the Communications Health and Social Care mailbox should not have been exempted as this does not constitute personal data. I have reinstated references to this in the revised document which is attached to this reply.

​​​​​​​With regard to the information redacted under Section 30(b)(ii), I do not consider that this exemption applies to the information redacted in the initial response to you. I do not consider that the release of this information would, or would be likely to, inhibit substantially the free and frank exchange of views for the purposes of deliberation. I have therefore attached an updated version of the document with the unredacted information included.

​​​​​​​I thought it might also be helpful to explain the context around the sentence. In the unredacted email, the DFM’s office stated:

​​​​​​​“DFM has asked that future briefings do not include pregnancy or maternity referenced as alternatives to ‘women / birthing persons’, as this briefing has included.”

​​​​​​​The briefing in question referred to ‘women/birthing persons’. DFM’s comments are seeking to ensure that future briefing materials include nomenclature which is consistent with current SG guidance on maternity pathways. Namely, it is appropriate simply to refer to ‘woman/women’. This guidance is available online at: Maternity pathway and schedule of care: clinical guidance and schedule - gov.scot

​​​​​​​This guidance states the following: “The terms woman/women have been used throughout this document as this is the way that the majority of those who are pregnant and having a baby will identify. For the purpose of this document, this term includes girls. It also includes people whose gender identity does not correspond with their birth sex or who may have a non-binary identity.”

​​​​​​​I am sorry that your original response was not handled correctly. The outcome of this review will be considered by the Scottish Government’s Freedom of Information Unit, including whether internal guidance may need to be updated to improve our application of FOISA exemptions in future.​​​​​​​​​​​​​​

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 202500479251 - Information Released - Annex

File type

PDF

File size

197.4 kB