Clarification of claims made in judicial review of definition of 'woman'

The request was successful.

Dear Scottish Government,

During the remedy hearing in the case of For Women Scotland Ltd against the Lord Advocate and the Scottish Ministers which took place on 22 March 2022, counsel for the Scottish Government made a number of claims:

1. Since the commencement of the Gender Representation on Public Boards Act 2018, there have been 340 appointments to public boards, twelve of which have been subject to a tie break.

2. It is not possible know of those twelve "whether they were biological women, whether they were women who had acquired the female gender or whether they were women 'living as women' as defined under section 2 [of the 2018 Act]".

3. It is not possible to know this because "not everybody who puts themselves forward for public appointments chooses to answer the sex or gender question".

On what basis, therefore, does the Scottish Government claim that twelve appointments were subject to a tie break, when it cannot say whether the individuals involved adhered to the definitions contained in section 212 of the Equality Act 2010?

Yours faithfully,

L Mackenzie

Scottish Government

Our Reference: 202200289705
Your Reference: Freedom of Information request - Clarification of claims
made in judicial review of definition of 'woman'

Dear L Mackenzie,

Thank you for your correspondence received on 22/03/2022. Your query will
be passed to the relevant area for consideration and has been given a
reference number of 202200289705. Please quote this number in all
correspondence. The Scottish Government aim to respond, where necessary,
as quickly as possible and within the stated timescale as indicated on our
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(http://www.gov.scot/about/contact-inform...).

Yours sincerely
MiCase
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Dear Scottish Government,

When might I expect a response to my request, which is now two weeks' overdue?

Many thanks.

Yours faithfully,

L Mackenzie

Scottish Government

1 Attachment

Please find attached a response to your correspondence.
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intended solely for the attention of the addressee(s). Unauthorised use,
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not permitted. If you are not the intended recipient please destroy the
email, remove any copies from your system and inform the sender
immediately by return.
Communications with the Scottish Government may be monitored or recorded
in order to secure the effective operation of the system and for other
lawful purposes. The views or opinions contained within this e-mail may
not necessarily reflect those of the Scottish Government.
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