Scotland ‘falling behind’ on freedom-of-information laws, says Labour MSP

Scotland is “falling behind” on freedom-of-information laws, a Labour MSP has said.

Katy Clark made the comments ahead of a stage one debate on her Freedom of Information Reform (Scotland) Bill at the Scottish Parliament on Tuesday.

First reported in the Herald, Ms Clark told the newspaper that MSPs have the opportunity to “break with the ‘Secret Scotland'” she claims the Scottish Government is operating under.

She also makes reference to the Salmond inquiry as Scotland’s Information Commissioner is taking legal action against the Scottish Government after it missed a series of deadlines to produce documents about an ethics investigation into Nicola Sturgeon.

The commissioner’s office is dealing with six different freedom-of-information appeals relating to the Sturgeon and Salmond inquiries, and First Minister John Swinney said almost 90 requests have been received in total.

The Scottish Government has previously said the delay was due to added work to protect the identities of those who made allegations against Mr Salmond and to avoid “jigsaw identification”.

Ms Clark said: “The Government’s disgraceful refusal to release the Salmond papers is living proof that Scotland is falling behind on freedom-of-information laws on the SNP’s watch.

“On Tuesday, MSPs have the opportunity to break with the ‘Secret Scotland’ that John Swinney’s party has presided over for nearly 20 years.

“The SNP is fighting on all fronts to block the release of the Salmond papers in the face of public outrage.

“The Government is blatantly trying to sweep this scandal under the carpet by hiding behind Scotland’s existing freedom-of-information laws that are simply not fit for purpose.”

The West of Scotland MSP is bringing forward the new freedom-of-information request Bill which would update the 2002 Act to strengthen transparency.

Key proposals include extending FOI coverage to all bodies delivering public services, establishing mandatory FOI officers in public authorities and increasing proactive publication.

Ms Clark added: “Holyrood has a final chance before the elections in May to end that disastrous approach and strengthen the public’s right to know about the work of government and public bodies.

“My Bill would create a proactive publication duty and strengthen the powers of the information commissioner, as well as extend the scope of freedom of information.

“Critically, if parliament votes to change the law on Tuesday, it would scrap the First Minister’s veto over freedom of information, something that John Swinney has repeatedly refused to rule out using to prevent the release of the Salmond papers.

“Scotland’s freedom-of-information laws have not been updated for nearly a quarter of a century.

“Robust changes to the legislation are urgently needed, in light of the cover-ups surrounding the Salmond papers.

“There have been so many ‘gains of devolution’, but under SNP rule, our progress on freedom of information has stalled, and we are now falling behind.

“The public has also lost rights since the original legislation was introduced as the way that public services are delivered has now changed due to privatisation and outsourcing.

“If the SNP blocks this attempt to strengthen the public’s right to know in Tuesday’s vote, ‘Secret Scotland’ could continue for many more years to come.”

A Scottish Government spokesperson said: “Scotland has the strongest freedom-of-information law in the UK and the Scottish Government is committed to ensuring FOI works effectively to provide access to information about government and public services in Scotland.

“For that reason, we are currently consulting on extending FOI law to cover private and third sector operated care home and ‘care at home’ services, and remain open to discussion on the future development of FOI law in Scotland.”