Abortion law correspondence: FOI release

Information requested

All correspondence between Humza Yousaf MSP and Special Advisers and/or Scottish Government civil servants relating to abortion and the establishment of a review of abortion law between February 2023 and August 2024.

Response

I enclose a copy of most of the information you requested.

An exemption under section s.38(1) (b) of FOISA applies to some of the information you have requested. This exemption covers personal data of 3rd parties.

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 under section s.30(b)(ii) of FOISA applies to some of the information you have requested. This exemption covers 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 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.

An exemption under section s.30(c) of FOISA applies to some of the information you have requested. This exemption covers information disclosure of which would otherwise prejudice substantially, or be likely to prejudice substantially, the effective conduct of public affairs.

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 as part of open, transparent and accountable government, and to inform public debate. However, this is outweighed by the public interest in not releasing information that may have a harmful effect on the conduct of public affairs, if disclosed.

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 202600504172 - Information released - Annex

File type

PDF

File size

343.7 kB