FOI/202400410045 · FOI · partially withheld
Puberty Blocker Correspondence: FOI release
Information requested
Under FOI I would please like to request all correspondence (including emails, attachments, typed or handwritten notes, letters, notes/records of phone calls, minutes of meetings, briefings, WhatsApp messages or otherwise) between ministers of the scottish Government and their special advisors mentioning the term 'puberty blockers'. Please Provide correspondence from 11 March 2024, onwards.
Response
I enclose a copy of some of the information you requested in the attached Annex A.
Some of the information you have requested is available from Official Report: search what was said in Parliament | 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 website(s) listed, then please contact me again and I will send you a paper copy.
Exemptions under s.38(1)(b), s.30(b)(i) and s.30(b)(ii) of FOISA applies to some of the information that you have requested.
Section 38(1)(b) - personal data of a third party. An exemption applies under section 38(1)(b) of FOISA to some of the information requested 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 2028.
Section 30(b)(i) – free and frank exchange of views for the purposes of deliberation. An exemption under section 30(b)(i) of FOISA applies to some of the information you have requested. The exemption applies because disclosure would, or would be likely to, inhibit substantially the free and frank exchange of views.
Section 30(b)(ii) – free and frank provision of advice. An exemption under section 30(b)(ii) of FOISA applies to some of the information you have requested. The exemption applies because disclosure would, or would be likely too, inhibit substantially the free and frank provision of advice. 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 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, however, this is outweighed by the public interest in ensuring that Ministers, Officials and Special Advisers have space to provide and discuss advice, with the ability to engage in free and frank discussions. Release of the exempt information would be likely to inhibit such free and frank discussions.
About FOI
The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at http://www.gov.scot/foi-responses.
Detected exemption language
Under section 25(1) of FOISA, we do not have to give you information which is already reasonably accessible to you. Exemptions under s.38(1)(b), s.30(b)(i) and s.30(b)(ii) of FOISA applies to some of the information that you have requested. Section 38(1)(b) - personal data of a third party. An exemption applies under section 38(1)(b) of FOISA to some of the information requested 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 2028. Section 30(b)(i) – free and frank exchange of views for the purposes of deliberation.