FOI/202500462687 · FOI · cost limit
Scottish Government's funding of Equate Scotland: FOI release
Information requested
Copies of all information, including but not limited to correspondence, notes of telephone calls and emails held by the Scottish Government related to the areas below:
funding supplied to Equate Scotland for the last three years from the Scottish Government the remit of the work Equate Scotland is to undertake in exchange for the funding mentioned above definitions of the terms in the remit mentioned above, specifically the term "woman" discussions relating to whether Equate Scotland is intended to specifically advance equality and support women (adult human females, protected characteristic of sex) or someone that only identifies at a woman protected characteristic of gender reassignment), or both.
Response
I enclose a copy of some of the information you requested.
While our aim is to provide information whenever possible, in this instance the Scottish Government does not have some of the information you requested. Furthermore, we are unable to provide some information because an exemption under section 30(b)(ii) (free and frank exchange of views) of FOISA applies to that information.
In addition, the costs of locating, retrieving and providing some of the information you requested would exceed the upper cost limit of £600. Under section 12 of FOISA public authorities are not required to comply with a request for information if the authority estimates that the cost of complying would exceed the upper cost limit, which is currently set at £600 by Regulations made under section 12.
I have set out additional information and the reasons for not providing information below, addressing each part of your request in turn.
Additional information and reasons for not providing information
1. Funding supplied to Equate Scotland
You asked for "copies of all information, including but not limited to correspondence, notes of telephone calls and emails held by the Scottish Government related to...funding supplied to Equate Scotland for the last three years from the Scottish Government".
While our aim is to provide information whenever possible, in this instance the costs of locating, retrieving and providing the information requested would exceed the upper cost limit of £600. This is because a keyword search of the Scottish Government's electronic records returned a large number of emails and documents that could potentially be in scope of your request. Under section 12 of FOISA public authorities are not required to comply with a request for information if the authority estimates that the cost of complying would exceed the upper cost limit, which is currently set at £600 by Regulations made under section 12.
You may wish to consider reducing the scope of your request in order that the costs can be brought below £600. For example, you could narrow the timeframe of your request. You may also find it helpful to look at the Scottish Information Commissioner's 'Tips for requesting information under FOI and the EIRs' on his website at: http://www.itspublicknowledge.info/YourRights/Tipsforrequesters.aspx.
I can, however, confirm that the Scottish Government has provided funding to Equate Scotland for its Women in STEM Project through the Equality and Human Rights Fund. I have enclosed grant offer letters for the last three years, covering the period from October 2021 to March 2025.
2. Remit of the work Equate Scotland is to undertake in exchange for funding
You asked for "copies of all information, including but not limited to correspondence, notes of telephone calls and emails held by the Scottish Government related to...the remit of the work Equate Scotland is to undertake in exchange for the funding mentioned above [i.e. in point 1.]".
I enclose a copy of the information you requested. This information is contained in the aforementioned grant offer letters from the Scottish Government to Equate Scotland for the period from October 2021 to March 2025 for the Women in STEM Project.
An exemption under section 38(1)(b) of FOISA (personal information) applies to a small amount of information in the enclosed grant offer letters because it is personal data of a third party, i.e. names and contact details of individuals, and disclosing it would contravene the data protection principles in Article 5(1) of the General Data Protection Regulation and in section 34(1) of the Data Protection Act 2018. 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.
3. Definition of the term "woman" in the remit
You asked for "copies of all information, including but not limited to correspondence, notes of telephone calls and emails held by the Scottish Government related to...definitions of the terms in the remit mentioned above [i.e. in point 2.], specifically the term "woman".
While our aim is to provide information whenever possible, in this instance the Scottish Government does not have the information you have requested. This is a formal notice under section 17(1) of FOISA that the Scottish Government does not have the information you have requested.
4. Discussions
You asked for "copies of all information, including but not limited to correspondence, notes of telephone calls and emails held by the Scottish Government related to...discussions relating to whether Equate Scotland is intended to specifically advance equality and support women (adult human females, protected characteristic of sex) or someone that only identifies at a woman protected characteristic of gender reassignment), or both".
While our aim is to provide information whenever possible, in this instance we are unable to provide the information you have requested because an exemption under section 30(b)(ii) (free and frank exchange of views) of FOISA applies to that information.
This exemption applies because disclosure would, or would be likely to, inhibit substantially the free and frank exchange of views for the purposes of deliberation. This exemption recognises the need for officials and stakeholders to have a private space within which to discuss issues freely.
This exemption is subject to the ‘public interest test’. Therefore, taking account of all the circumstances of this case, I have considered if the public interest in disclosing the information outweighs the public interest in applying the exemption. I have found that, on balance, the public interest lies in favour of upholding the exemption. I 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 Equate Scotland a private space within which to communicate and discuss issues freely. There is also an important public interest in avoiding the loss of confidence in cases where individuals thought they were providing comments in confidence, particularly given the current sensitivity of the issues at hand.
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.
Detected exemption language
Furthermore, we are unable to provide some information because an exemption under section 30(b)(ii) (free and frank exchange of views) of FOISA applies to that information. Under section 12 of FOISA public authorities are not required to comply with a request for information if the authority estimates that the cost of complying would exceed the upper cost limit, which is currently set at £600 by Regulations made under section 12. Under section 12 of FOISA public authorities are not required to comply with a request for information if the authority estimates that the cost of complying would exceed the upper cost limit, which is currently set at £600 by Regulations made under section 12. An exemption under section 38(1)(b) of FOISA (personal information) applies to a small amount of information in the enclosed grant offer letters because it is personal data of a third party, i.e. names and contact details of individuals, and disclosing it would contravene the data protection principles in Article 5(1) of the General Data Protection Regulation and in section 34(1) of the Data Protection Act 2018.