Scottish Government refuses to extend freedom of information laws

The Scottish Government has been criticised for refusing to extend freedom of information (FOI) laws.

Parliamentary business minister George Adam announced on Tuesday the Government saw no reason for reforms in this parliamentary session, saying “Scotland already has rigorous FOI legislation”.

But opposition parties have accused ministers of “secrecy”.

The announcement came following a consultation on the potential use of primary legislation to widen the scope of FOI rules.

But, after the exercise, the Scottish Government said it was “not persuaded that it is necessary to make changes to primary legislation in the current Parliament” but added that it remained “open” to making changes if required.

Mr Adam said: “Scotland already has rigorous FOI legislation to ensure accountability around decision making processes.

“It provides robust rights for requesters to be provided with information held by public authorities, balanced against the need for proportionality and the protection of sensitive information.

“Areas for improvement were highlighted in the consultation responses and we will consider how existing provisions can be used to ensure FOI rules are up-to-date and working effectively.

“That will include looking at how FOI applies to services delivered in partnership with third sector and private sector providers.”

The minister also pointed to the use of FOI in social care, saying that extending current rules to include the sector would be “consistent” with the new National Care Service Bill which is currently making its way through Holyrood.

But he added: “However, we recognise the acute pressures in parts of the sector, which is why we will fully consult all partners after the bill has been passed before any changes are made.”

Scottish Labour MSP Katy Clark, who has proposed to extend FOI rules to all bodies providing public services, accused the Scottish Government of trying to “kick the can down the road yet again”.

“There’s no commitment to private or third sector designation, just a vague commitment to a consultation on the care sector and only after the passage of a National Care Service that has itself been delayed.

“This is weak, timid and far from what the public are calling for. It’s utterly undemocratic that so many publicly-funded organisations evade scrutiny because of their ownership.”

She said: “My Bill will finally close these loopholes, introduce a statutory duty for bodies to proactively publish information, and make FOI fit for the modern day.”

Scottish Lib Dem MSP Liam McArthur said: “This SNP Government is wedded to secrecy.

“Meaningful reform is being stopped dead in its tracks because ministers don’t want to close the loopholes they have been using to dodge scrutiny.

“Nobody will be fooled by the promise of further reviews and consultations designed to kick transparency into the long grass.

“Freedom of information legislation was ground-breaking when Scottish Liberal Democrats first introduced it 20 years ago.

“What was supposed to be the beginning has been steadily unpicked by a shameless SNP Government.”