Request for Definitions of Terms GRA Reform Scotland Consultation

The request was refused by Scottish Government.

Dear Scottish Government,

With reference to the current Gender Recognition Reform (Scotland) Bill Consultation.

As a matter of some urgency I request the definitions of terms used in the documents and draft bill, they have not been supplied.

Including but not limited to sex, gender, "a person's gender", "aquired gender", "living in aquired gender".

Clear, logical, non circular definitions and explanation of the meaning of terms, and examples.

Yours faithfully,

D. Cooke

Scottish Government

Our Reference: 202000015418
Your Reference: request-644735-25b772b2

Dear D. Cooke,

Thank you for your correspondence sent on 08/02/2020. Your query will be
passed to the relevant area for consideration and has been given a
reference number of 202000015418. 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
website
(http://www.gov.scot/about/contact-inform...).

Yours sincerely
MiCase
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Dear Scottish Government,
Ref: FOI 2020 000 1548 08/02/2020
FAO: Leslie Evans Permanent Secretary to the Scottish Government
04/03/2020

I urgently requested a complete Definitions of Terms covering all terms used in the Gender Recognition Reform (Scotland) Bill public consultation. The consultation closes on 17th March and they still have not been provided.

Do provide links to sources but clearly this is not a priority at this time, and members of the public should not have to search links or assume or guess what is meant.

A complete set of definitions is the highest priority and I ask that they are provided by return.

Thank you for your immediate attention.

Yours faithfully,
Cooke

Scottish Government

1 Attachment

Please find attached a response to your correspondence.
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Scottish Government

Dear D Cooke

We have received and noted your message below.

I understand that before we were able to take action on your message our
case handler had completed and sent our response to your request and that
this was done within the timescale allowed for Freedom of Information
requests.

Our response contained details of how you can proceed if you are not
satisfied with it.

Please contact me if you wish us to treat your message from 4/3/2020 as a
new request.

 

Kind regards

 

M Bruce

 

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Dear Scottish Government,
Yes, I have recieved a response, today, thank you. However, I would request it is raised for internal review, and also please lodge a formal complaint.

Formal complaint.
6th March, 2020.
The Public Consultation, Gender Recognition Reform (Scotland) Bill was opened December, 2019 with a very minimal Glossary and no Definitions of Terms. This is below minimal expected standards for a public consultation and for a bill, especially in this case where multiple terms and phrases are used, that have no evidentiary support/accepted meaning/explanations or examples. Law requires clarity, precision. Indeed several words used, meanings, and phrases are disputed. Sex is factually based, gender is contentious. After several weeks I at last received a response last night, after reiterating that my request had been urgent (as the consultation closes 17th March) .
The response refers me to other sources, this is not acceptable. The definitions you intend for this bill and its contents should have been documented in the consultation itself, a complete set of definitions with examples, all in one place, without the need for searches or assumptions. You cannot refer to the definitions of a panel you intend to dispose of, for just one example. This is not good enough, this is a major disservice to the Scottish public. This is a severe error, a major failure on the part of our civil service.

Please process as appropriate, thank you.
Yours faithfully,

Cooke

Scottish Government

Dear D Cooke

We have noted your complaint and have passed this to the appropriate team who will respond in due course.

Regarding your request for a review of our Freedom of Information response, it would be valuable for us to know whether you are dissatisfied with the information content of the response or the manner in which it was presented, by reference to another source?

Yours sincerely

M Bruce

Michael Bruce |FOI Adviser | Freedom of Information Unit | Scottish Government | 2W, St Andrew’s House | Regent Road | Edinburgh | EH1 3DG | ( 0131 244 3457 (Ext) 43457

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Scottish Government

Our Reference: 202000020111
Your Reference: Gender recognition consultation

Dear D Cooke,

Thank you for your correspondence sent on 11/03/2020. Your query will be
passed to the relevant area for consideration and has been given a
reference number of 202000020111. 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
website
(http://www.gov.scot/about/contact-inform...).

Yours sincerely
MiCase
Correspondence system for SG and partner agencies

The Scottish Government takes your privacy seriously. You may have written
to us because you have a question or want to make a complaint. Our privacy
notice
(https://beta.gov.scot/publications/conta...),
available on our website, sets out how we use your personal data, and your
rights when communicating with us. It is made under Article 13 of the
General Data Protection Regulation (GDPR).
********************************************************************** 
This e-mail (and any files or other attachments transmitted with it) is
intended solely for the attention of the addressee(s). Unauthorised use,
disclosure, storage, copying or distribution of any part of this e-mail is
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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Dear Scottish Government,

I believe my original request, and the content of my request for internal review and the formal complaint were very clear.

A consultation on a draft bill was published in December and closes in a couple of days.

The consultation did not define the terms, explain or give examples. Law requires precise definitions, clear meanings.

After weeks scotgov still did not deliver a document defining all the terms used, in one place for reference, a document with full coverage, clearly stating the intended meanings for the new bill.

This should not have to be explained or repeated.

This is a severe error on the part of the Scottish Government: they were not defined in the documentation, or draft bill, and apparently you have been unable or unwilling to deliver.

We are all perfectly aware of the variations extant in definitions and meanings in the area of SOGIESC currently, and assumptions are not a sound basis on which to review a proposed law.

Scotgov should have been able to state what they meant in this instance, in one delivery, complete, independent, as a whole, - - but could not, did not.

The conclusions are obvious.

Yours faithfully,

Cooke

Dear Scottish Government,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Scottish Government's handling of my FOI request 'Request for Definitions of Terms GRA Reform Scotland Consultation'.

As documented here at whatdotheyknow.

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/r...

Yours faithfully,

Cooke

Scottish Government

1 Attachment

Dear D Cooke

 

I attach a reply to your complaint.

 

Yours sincerely

 

 

SIMON STOCKWELL

 

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Scottish Government

1 Attachment

Please find attached a response to your correspondence.
********************************************************************** 
This e-mail (and any files or other attachments transmitted with it) is
intended solely for the attention of the addressee(s). Unauthorised use,
disclosure, storage, copying or distribution of any part of this e-mail is
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.
**********************************************************************
 

Dear Scottish Government,
FAO: Simon Stockwell

Dear Mr Stockwell,

Thank you for your response of 29th March, 2020. Apologies for a delayed response due to illness.

Please raise this to Stage 2 immediately.

It is unacceptable to state that a public consultation does not require definitions of terms and full explanations of phrases used, and that they will be provided later 'when the bill goes to parliament'.

The Scottish Government must be able to state clearly, precisely and rationally what it means, it did not do so. It has not done so.

If definitions and explanations are not, and cannot be provided for a public consultation it surely highlights that those involved in reality do not know what they are talking about. This formed no credible foundation for consultation. This is an unsound basis for law, any law.

Policy must be evidence based on sound credible empirical data without bias, the consultation failed completely in this area.

Words have meaning and my government must not be allowed to continue to obscure and 'redefine' terms, especially not terms that have dictionary definitions matching common usage and current (near absolute) scientific fact. Only with transparency can the flaws in your logic be discussed.

Sex is meaningful, binary and immutable in humans. This cannot be refuted. Facts. Truth.

This attempt by the Scottish Government to comply with the unsound SOGIESC agenda makes no logical sense, it is irrational. I believe it is destabilusing, destructive, and likely dangerous.

The Scottish Government has failed the public and continues to fail in its duty to the public with this lack of clarity, indeed this obfuscation.

This poor attempt and inadequate reasoning to validate policy, indeed to promulgate what can only be seen as an ideology, must be rejected.

The low standards and poor quality of evidence throughout this consultation must be rejected.

Yours faithfully,

Cooke

Dear Mr Stockwell,

On 25th April my request to raise the complaint to Stage 2.

When can I expect a full meaningful response from my government? I have had no confirmation.

I also note that a Hate Crime and Public Order (Scotland) Bill has overlaps with GRA proposed reforms, and strongly appears to have the same deficits of definition and clarity in the area of sex and genderism and VSC.

I have also failed to get a complete set of logical, rational definitions of terms in this area from NRS. There are also conflicts with EA and EHRC definitions and material realities. Please see other FOI requests on this site.

These matters, these failures, this lack of sound shared definitions and meanings, inter alia, in and between Scottish institutions and other institutions in the UK, are of serious concern to the people of Scotland, and of the UK. The fundamental science denialism at root is profundly misguided.

Yours faithfully,

Cooke

Scottish Government

Dear D Cooke

Thank you for your email below.

Just to say that we have your Stage 2 complaint and the Scottish Government will reply as soon as we can.

Yours sincerely

SIMON STOCKWELL

 
 

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Scottish Government

1 Attachment

Dear Mr Cooke

Please find attached correspondence form the Scottish Government.

Kind regards,

Joanne Kerr (she/her)
Scottish Government Complaints
Public Engagement Unit | Room 1E.10 | St Andrew's House | Edinburgh EH1 3DGE
E: [email address]

I am currently working from home due to the Covid-19 restrictions.

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Dear Scottish Government,
I have raised this with SPSO.
I am direly disappointed with the Scottish Government.
Yours faithfully,
D. Cooke