Abortion Law Review Expert Group materials relating to abortion, healthcare and reproductive rights: FOI release

Information requested

All correspondence (including but not limited to emails, letters, meeting notes, messages, and attachments) between members of the Abortion Law Review Expert Group and MSPs, Special Advisers, and/or Scottish Government civil servants relating to abortion, healthcare and reproductive rights, prior to the establishment of the Expert Group.

Response

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

Some of the information you have requested is available from the Review of Abortion Law in Scotland Expert Group report (Review of Abortion Law in Scotland Expert Group: report - gov.scot) primarily around the structure of the expert group as referenced in one of the documents. Further, some documents reference PQ s6w-25368 (Written question and answer: S6W-25368 | Scottish Parliament Website)

Under section 25(1) of FOISA, we do not have to give you information which is already reasonably accessible to you. If, however, you do not have internet access to obtain this information from the websites listed, then please contact me again and I will send you a paper copy.

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 202600504175 - Information released - Annex

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