Amddiffyn menywod

24 March 2022

Dear

Complaint in respect of ATISN 16016

Thank you for your request which was received by the Welsh Government on 26 February 2022.

Your complaint has been considered in accordance with the procedure outlined in Requesting information from the Welsh Government which is available by post on request or via the internet.

In respect of the issues you have raised:

• In regards point A) The provided link does not seem to work; I would therefore request a link that works or that recorded information in another format is given that would provide a list of all male and transmale Welsh Ministers.

I apologise that the link provided does not appear to work. This link should provide you with the information required: Cabinet members and ministers | GOV.WALES

• As for point B) I would seriously recommend that is reviewed by The Welsh Government. Just to be absolutely certain of the response. If the Welsh Government finds complaints within scope of my request, I would request at review that they are disclosed for the public.

I have reviewed this point and can confirm that no records are held.

• As for point C) I note the response but it does not provide any recorded information that seems to show what measures the Welsh Government have in place to protect female and transgender female people, not excluding but not just, female or transgender female Ministers from all unconsented to actions by male or transmale ministers such as sexual assault and rape. I would therefore request such measures are provided at review.

I have reviewed the information provided to you and can confirm that the policies detailed remain extant. The aim of these policies is to protect all staff, regardless of gender identity, from unwanted attention, harassment or other activities which might make them uncomfortable in the working environment. The Welsh Government will also provide support for any member of staff or Minister who wishes to pursue criminal charges against any individuals for more serious incidents, such as sexual assault or rape.

If you remain dissatisfied with this response you have the right to complain to the Information Commissioner. The Information Commissioner can be contacted at: 

Information Commissioner’s Office 
Wycliffe House 
Water Lane 
Wilmslow 
Cheshire 
SK9 5AF

Telephone: 0303 123 1113
Website: www.ico.org.uk        
   

Yours sincerely

Natalie Chant
Corporate Services

22 February 2022

Dear                               

ATISN 16016

Thank you for your request which I received on 25 January 2022. For the dates 25/1/2019 - 25/1/2022, you asked for the following information:

1. A full list of all elected male and transmale members of the Welsh Government.
2. All recorded complaints of sex crime or violent crime raised against such members by women or transgender women along with the outcome of each complaint being found as innocent - not proven - or guilty by any British Criminal Court.
3. All measures in place by the Welsh Government to protect women or transgender women from non-consensual action by male or transgender male members of the Welsh Government.

In referencing elected members of the Welsh Government, this was interpreted as referring only to Cabinet Ministers (and therefore on question 2, information was sought only where a complaint such as that you have described has been raised against a Minister). You confirmed our interpretation was correct. 

With regard to question 1, information is exempt under Section 21 of the Freedom of Information Act (2000), a list of Cabinet Ministers can be found here Cabinet members and ministers | GOV.WALES         

No information is held on question 2.

On question 3, a suite of guidance and policies are in place for Welsh Government civil servants to access, as follows:

Dignity at Work Policy

The Welsh Government expects staff during the course of their work to behave in a manner which respects the dignity of others at all times. If a member of staff or an external contact behaves in a way which does not respect the dignity of another employee or could be considered to constitute harassment or bullying, that person is entitled to ask for the issue to be addressed fairly, consistently and as quickly as possible, taking into account the particular circumstances of each case. Depending on the nature of the issue, this could result in disciplinary action.

Grievance Policy

This applies to situations where employees have a concern or complaint about their work, working environment or working relationships that may affect them individually or collectively. Some examples of issues which might give rise to a grievance are:

•       Terms and Conditions of Employment

•       Health and Safety

•       Relationships at work*

•       New working practices

•       Organisational changes

•       Equal Opportunities*

* Relationships at Work and Equal opportunities issues may sometimes be more appropriately handled under the Dignity at Work policy/Guidance and Procedures.

Our Discipline policy refers to examples of what Welsh Government would consider gross misconduct. These include:

Some examples of serious offences likely to be deemed gross misconduct and liable to result in dismissal include, but are not limited to:

•       physical violence or threatening behaviour; and

•       serious harassment or bullying;

If you are dissatisfied with the Welsh Government’s handling of your request, you can ask for an internal review within 40 working days of the date of this response. Requests for an internal review should be addressed to the Welsh Government’s Freedom of Information Officer at:

Information Rights Unit

Welsh Government

Cathays Park

Cardiff

CF10 3NQ

or e-mail: Freedom.ofinformation@gov.wales

Please remember to quote the ATISN reference number above.   

You also have the right to complain to the Information Commissioner. The Information Commissioner can be contacted at: 

Information Commissioner’s Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

Telephone: 0303 123 1113

Website: www.ico.org.uk    

However, please note that the Commissioner will not normally investigate a complaint until it has been through our own internal review process.

Yours sincerely