Holyrood backs FOI reform but any changes will be after May election

A Bill aimed at reforming Scotland’s Freedom of Information (FOI) laws has been backed by Holyrood despite Government opposition to the proposals.

However, with only five weeks until the Scottish Parliament shuts down ahead of the May 7 election, MSPs made clear that such reform “should be addressed in the next parliamentary session”.

The vote came after parliamentary business minister Graeme Dey stressed that the proposed changes in Labour MSP Katy Clark’s Bill would provide “solid foundations for the next Parliament to consider”.

While the Scottish Government did not support the Freedom of Information Reform (Scotland) Bill, MSPs voted by 85 votes to 30 with eight abstentions to back a Conservative amendment which stated that, as a result of “time pressure in the current parliamentary session”, FOI reform “should be addressed in the next parliamentary session”.

The general principles of the Bill, as amended by this, were then backed by 63 votes to 59.

Ms Clark noted her Bill passed its first vote at the same time as the “secretive SNP Government is facing legal action” from Scotland’s Information Commissioner over “attempts to withhold information”.

Commissioner David Hamilton has taken legal action against ministers after they missed deadlines to produce documents from an  investigation into whether former first minister Nicola Sturgeon breached the ministerial code.

Speaking after Tuesday night’s vote, Ms Clark said: “I am pleased the Scottish Parliament has backed the general principles of my Bill, despite the SNP’s attempt to block it.

“The SNP’s failure to support this Bill is sadly all too typical from a government that runs from openness and accountability.”

She added: “Our Freedom of Information laws are a crucial source of accountability and transparency, but these decades-old laws need modernised.”

In the debate at Holyrood, Ms Clark criticised the Scottish Government for having “failed” to reform FOI rights, which were introduced in 2002.

She told MSPs: “The Scottish Government have been asked to bring forward legislation over a number of parliaments but have failed to do so.”

Her Bill includes proposals to extend FoI coverage to all bodies delivering public services, as well as the establishment of mandatory FoI officers in public authorities, and increasing proactive publication.

Mr Dey accepted there are “areas that can be improved on” within FOI, but insisted “Scotland has had strong and internationally well-regarded laws on Freedom of Information for over 21 years”.

He said: “Last year over 109,000 information requests were handled across the public sector, with 87.5% resulting in the release of information.

“I think that shows the legislation is delivering its main purpose, of providing information and developing a more open and transparent culture.”

The minister added that the Holyrood committee that scrutinised the legislation had found “substantial further work” was needed on the Bill and that “there was not sufficient time for this in the current session”.

While SNP MSPs voted against the Bill, Tories backed it, with Sue Webber saying this would help “keep the pressure on the Scottish Government” and “send a clear message that FoI reform cannot be allowed to drift”.

However, the Conservative MSP stressed that FOI reform would “ultimately need to be addressed in the new parliament”.

Speaking after the vote Ms Clark said: “The general acceptance by Parliament that robust changes are needed to Scotland’s freedom of information laws is a significant step forward and a testimony to the success of campaigners.

“However, it’s disappointing that the SNP and a majority of MSPs have effectively blocked extending our freedom of information laws in this parliamentary session.

“That means ‘Secret Scotland’ will continue on the SNP’s watch.”

She added: “Today’s decision also means that the legislation will not have been updated for more than 25 years.

“Once again, John Swinney and the SNP have failed to deliver on extending our freedom of information laws.”