Hate crime consultation information: FOI release

Information requested

Copies of all correspondence (internal and external), notes and any other information in relation to the decision to extend the closing date to the Scottish Government consultation on the SSI to add sex as a protected characteristic to the Hate Crime and Public Order (Scotland) Act 2021.

Response

I enclose copies 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.

Exemptions under s.38(1)(b) (personal information) of FOISA applies to some of the information you have requested. 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.

Further, an exemption under section 30(b)(ii) of FOISA applies to some of the information you have requested. Under section 30(b)(ii), public authorities can withhold information if releasing it would, or would be likely to, inhibit the free and frank exchange of views for the purposes of deliberation.

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 due to general interest in open and transparent government decision-making. However, this is outweighed by the public interest in allowing officials to have access to a safe space to talk openly and honestly when discussing policy options, making decisions, or advising Ministers.

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 202500488828 - Information released - Documents

File type

PDF

File size

4.4 MB