Committee ‘not convinced’ FOI reform Bill will work in practice

A Holyrood committee is “not convinced” an MSP’s Bill on Freedom of Information (FOI) reform will work in practice.

The Standards, Procedures, and Public Appointments Committee (SPPAC) has doubts that Katy Clark’s Freedom of Information Reform (Scotland) Bill is the right way forward to update the FOI system.

Ms Clark, who serves as a Labour MSP for West Scotland, introduced the Bill in June last year.

It aims to update current legislation by introducing a presumption in favour of disclosure and calls for information to be published proactively, rather than when asked for it.

The Bill also calls for more bodies to be brought under the FOI umbrella, while removing the First Minister’s power to block certain decisions.

SPPAC says it has concerns about the MSP’s Bill in relation to how the proposals will work, as well as the finances and resources public bodies will require.

MSPs on the committee have said the Scottish Government should be bringing forward its own proposals for FOI reform.

The committee’s report says they do not think it is necessary to legislate to make releasing information openly by default, instead stating efforts should be made to improve culture and practice within public bodies.

It also says proactive publication of information may not work in practice, and that it is not convinced bringing more public bodies under FOI will work.

Committee convener and Labour MSP Martin Whitfield said: ”Freedom of information is a fundamental part of how our public services in Scotland are delivered.

“The work done by Katy Clark MSP establishes a clear need to update the law that underpins it.

“However, our committee is not convinced that this Bill is the right approach in its current form.

“The Scottish Government should be taking action to develop an updated and forward-looking FOI regime for Scotland.

“If not, a committee Bill may be the most appropriate legislative means to deliver this complex and important reform.”

Ms Clark MSP said: “The outrageous refusal by John Swinney to release the Salmond papers shows that Scotland’s existing Freedom of Information laws are not fit for purpose.

“In stark contrast to the Scottish Government, the committee has been largely positive about my Freedom of Information Bill.

“There’s a general acceptance from the committee that new legislation is required to strengthen the law.

“In its report, the committee supports the main thrust of my Bill to create a proactive publication duty and to strengthen the powers of the information commissioner.

“Critically, it supports scrapping the First Minister’s veto over Freedom of Information, something that John Swinney has shamefully refused to rule out using to prevent the release of the Salmond papers.

“While it’s disappointing that the committee has not backed criminalising the act of deliberately erasing public records, there’s a clear recognition that the existing laws are outdated.”

She added: “The SNP has spent almost the entire parliament resisting and obstructing attempts to work across party lines to extend freedom of information laws.

“In light of the committee’s findings and public outrage over the Salmond papers, John Swinney must do the decent thing and abandon the government’s disastrous approach.

“There’s still time for the First Minister to back robust changes to our Freedom of Information laws before the end of this parliament.

“Anything less would be a betrayal of the public’s right to know about the work of government and public bodies.”

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.”