Abortion Law Review Expert Group costs and correspondence regarding sex selective abortion: FOI release

Information requested

The total costs incurred in preparing and publishing the Review of Abortion Law in Scotland Expert Group Report. This should include all costs incurred by the Expert Group in its lifetime, broken down by the type of cost. For example, including but not limited to expenses, catering, room hire, etc.

Internal correspondence containing the phrase “sex-selective abortion” or “sex selective abortion” sent or received since 1 January 2025.

Response

I enclose a copy of most of the information you requested in Annex B, attached to this response. some of the information you have requested because an exemption under section s.38(1)(b) (personal information) of FOISA applies to that information. The reasons why that exemption applies are explained in the Annex A to this letter.

The information you requested on the costs of the Abortion Law Review Expert Group is as follows:

Publication Costs:	2,576.27
Travel Costs	272.39

Annex A

Exemptions not subject to the public interest test
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 exemptions under section 38(1)(b) of FOISA applies to that information.

38(1)(b) (personal information) An exemption under 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.

Exemptions subject to the public interest test
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 sections s.29(1)(a) (policy formulation), s.30b (i) (Free and Frank provision of advice) and s30b(ii) (Free and Frank exchange of views) [insert specific section number(s) and title e.gs.38(1)(b) (personal information)] of FOISA applies to that information. The reasons why that exemption(s) applies are explained below.

An exemption(s) under section(s) 29(1)(a) of FOISA applies to some of the information you have requested. This exemption recognises the need for officials and Ministers to be able to consider fully a range of information, before reaching a settled public position.

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 officials and Ministers a private space to consider the information and evidence available on matters of such importance before reaching a settled public position.

Exemptions under section 30(b)(i) and section 30(b)(ii) of FOISA applies 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 or the free and frank exchanges of views. The exemptions recognise 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 and also to be able to provide and receive free and frank opinions from colleagues and external stakeholders to inform their advice for Ministers.

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 some public interest in release because as part of open, transparent and accountable government, and to inform public debate. However, this is outweighed by the public interest in allowing for private advice and debate both within the Scottish Government and with stakeholders as part of the process of exploring and refining the Government’s policy position, 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, officials and stakeholders, which in turn will undermine the quality of the policy making process, which would not be in the public interest.

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FOI 202500494092 - Information Released - Annex B

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