Correspondence sent and received by Scottish Government to the Equality and Human Rights Commission (EHRC): FOI release

Information requested

• The minutes of the working group meeting of 25 Sept 2025 referred to "recent correspondence received by Scottish Government from the EHRC". Could you please provide a copy of this correspondence.
• The minutes of the working group meeting of 09 Oct 2025 referred to "a letter being issued to the EHRC (Equality and Human Rights Commission) which provided an overview of the work of the Group". Could you please provide a copy of this letter.
• The minutes of the working group meeting of 20 Nov 2025 stated that "a response had been issued to the UK Government on the draft Code Of Practice". Please provide a copy of the response issued.

Response

I have enclosed a copy of the first two documents you have asked for in full:

• recent correspondence received by Scottish Government from the EHRC - Letter from EHRC to Cab Sec for Social Justice - 11 Sept 25
• a letter being issued to the EHRC providing an overview of the work of the Group - Letter from Cab Sec for Social Justice to EHRC - 9 Oct 2025

In relation to the third document requested, an exemption under section 28(1) of FOISA (relations within the UK) applies. This exemption applies because disclosure would, or would be likely to, prejudice substantially relations between the Scottish Government and the 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.

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 publicinte rest 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, such as the EHRC’s draft Code of Practice. There is no public interest in disclosing information when that will damage relationships and disrupt future communications.

You may find it helpful to note that the response to the UK Government on the draft Code of Practice was informed by a recent public consultation, you can find the response publicly available here: Equality and Human Rights Commission - code of practice changes consultation: SG response - gov.scot. Under section 25(1) of FOISA, we do not have to provide you with information that is already reasonably accessible to you. However, if you do not have internet access to obtain this information from the website(s) listed, please contact me again and I will be happy to provide a paper copy.

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 202600502573 - Information released - Annex

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