Minister for Equalities correspondence regarding UK Supreme Court Judgment (For Women Scotland Ltd v The Scottish Ministers): FOI release

Information requested

1. Any correspondence sent to Kaukab Stewart or sent from Kaukab Stewart on the topic of Pam Gosal’s recent Members’ Business (motion reference: S6M-17234) within the last month.

2. Any briefing provided to Kaukab Stewart in advance of this Members’ Business.

3. A copy of Kaukab Stewart’s draft speech prepared for this Members’ Business.

Response

1. I have provided you with this material, subject to exemptions under the Freedom of Information (Scotland) Act 2002 - known as FOISA.

An exemption under section 38(1)(b) (Personal Information) of FOISA applies to some of the information you have requested.

This has been applied to names, email addresses, contact numbers, pronouns and salutations where necessary. 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.

2. I have provided you with this material, subject to exemptions under the Freedom of Information (Scotland) Act 2002 - known as FOISA.

Exemptions under section 30(b)(i) (free and frank advice) of FOISA apply to some of the information you have requested.

These exemptions apply because disclosure would, or would be likely to, inhibit substantially the free and frank provision of advice and exchange of views for the purposes of deliberation. The exemptions recognise the need for Ministers to have a private space within which to seek advice and views from officials before reaching the settled public position which will be given in whatever final lines to take are used. Disclosing the content of free and frank briefing material on advice or views will substantially inhibit such briefing in the future. These exemptions 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 exemptions. We have found that, on balance, the public interest lies in favour of upholding the exemptions. 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 free and frank advice and views to Ministers in briefing. It is clearly in the public interest that Ministers can properly provide sound information to Parliament (to which they are accountable), and robustly defend the Government’s policies and decisions. They need full and candid advice from officials to enable them to do so. Premature disclosure of this type of information could lead to a reduction in the comprehensiveness and frankness of such advice and views in the future, which would not be in the public interest.

3. As requested, I have provided a copy of the draft closing speech drafted ahead of the Members debate S6M -17234. A full readout of the closing speech is also available in the official report found on Scottish Parliament | Scottish Parliament Website.

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 202500485298 - Information Released - Annex

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