UK Supreme Court Judgment (For Women Scotland Ltd v The Scottish Ministers) working group documentation: FOI release

Information requested

Documentation produced for or by the internal working group from the 16 April 2025 to the 11 August 2025 including:

All final versions of:

1. Meeting agendas;
2. Meeting minutes;
3. Briefing papers; and
4. Formal decision or action notes

You have also asked for

“the current membership list and/or terms of reference for this internal working group, including:

1. Names and roles/titles of members;
2. Their directorate or organisational affiliation;
3. The date the list/ToR was last updated".

Response

I enclose a copy of some of the information you requested in a word document. I will respond to each of your numbered asks above separately below.

1. In relation to any “meeting agendas” relating to the internal working group during the above time frame, 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 under section 38(1)(b) Personal data referring to a third party of FOISA applies to that information. The reasons why that exemption(s) applies are explained in the Annex to this letter.

2. In relation to any “meeting minutes” relating to the internal working group during the above time frame, some of the information you have requested is available from UK Supreme Court Judgment (For Women Scotland Ltd v The Scottish Ministers): working group - gov.scot. The meeting minutes for meetings held on the 30 April, 13 May, 29 May and 17 June 2025 can be accessed via the link above. Under section 25(1) of FOISA, we do not have to give you information which is already reasonably accessible to you. If, however, you do not have internet access to obtain this information from the website(s) listed, then please contact me again and I will send you a paper copy.

In relation to any meeting minutes for meetings occurring between the 17 June an 11 August, an exemption under section 27(1) of FOISA applied to the above information you have requested because we intend to publish that information within 12 weeks of the date of your request. As this information will be published within the 12 weeks of the date of your request we consider it reasonable to withhold the information rather than release the information requested before it has been published.

3. In relation to any “briefing papers” related to the internal working group, I have provided some of the information 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 under section 38(1)(b) Personal data referring to a third party, 29(1)(a) Policy in development, 30(b)(i) Free and frank provision of advice. 30(b)(ii) Free and Frank exchange of views and s.28(1) Relations with the UK of FOISA applies to that information. The reasons why that exemption(s) applies are explained in the Annex to this letter.

4. In relation to any “formal decision or action notes” related to the internal working group, I have provided some of the information 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 under section 38(1)(b) Personal data referring to a third party and 30(b)(i) Free and frank provision of advice of FOISA applies to that information. The reasons why that exemption(s) applies are explained in the Annex to this letter.

A/B. In relation to the “names and roles/titles of members” and their “their directorate or organisational affiliation” of the internal working group, a list of those who attend can be found on this webpage - UK Supreme Court Judgment (For Women Scotland Ltd v The Scottish Ministers): working group - gov.scot. Names are not included for confidentiality however a list of the Director Generals from which representatives attend can be found. Under section 25(1) of FOISA, we do not have to give you information which is already reasonably accessible to you. If, however, you do not have internet access to obtain this information from the website(s) listed, then please contact me again and I will send you a paper copy.

C. In relation to the terms of reference and the date it was last updated, an exemption under section 27(1) of FOISA applied to the above information you have requested because we intend to publish that information within 12 weeks of the date of your request. As this information will be published within the 12 weeks of the date of your request we consider it reasonable to withhold the information rather than release the information requested before it has been published.

Please note there was an error in the chairs brief for the 17 July 2025 (page 20 of the document) where it was mistakenly stated that the Supreme Court Judgment Working Group was convened in May when it should read April. This has been amended in tracked changes.

Annex to the standard response letter- Reasons for not providing information (As referenced in paragraph 1, 2, 3 and 4 above)

An exemption applies

An exemption(s) under section(s) 38(1)(b) FOISA applies to some of the information you have requested. This exemption is the removal of personal data referring to a third party to maintain confidentiality. 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.

An exemption applies, subject to the public interest test

An exemption under section 29(1)(a), 30(b)(i) and 30(b)(ii) of FOISA applies to some of the information you have requested. These exemptions fall under policy in development, free and frank provision of advice and free and frank exchange of views.

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 other officials, as part of the process of exploring and refining the Government’s policy position on the outcome of the Supreme Court Judgment of 16 April 2025 until the Government as a whole can adopt a policy that is sound and likely to be effective. This private thinking space is essential to enable all options to be properly considered, based on the best available advice, so that good policy 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 policy making process, which would not be in the public interest.

An exemption under section 28(1) of FOISA (relations within the UK) applies to some of the information requested. This exemption applies because disclosure would, or would be likely to, prejudice substantially relations between the Scottish Government and 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 will mean that the UK Government are 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. There is no public interest in disclosing information when that will damage relationships and disrupt future communications.

An exemption under section 27(1) of FOISA applies to some of the information requested because we intend to publish that information in due course, which is 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 routinely published 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 to maintain an open and transparent 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.

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 202500480896 - Information released - Document

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