Freedom of Information: Consultation on Labour MSP's Bill seeking to extend and strengthen FOI opens

Members of the public have been urged to back plans to strengthen Freedom of Information legislation as a consultation on a proposed Bill opens.

The Bill, which is being brought forward by Scottish Labour MSP Katy Clark, will extend the provisions of the Freedom of Information legislation to bodies delivering public services.

As it stands, legislation only covers public bodies and excludes companies in receipt of significant amounts of taxpayer funding, creating a black hole of transparency. The public audit committee recommended in the last session that third-sector and private organisations should be included in FOI legislation. However, the Scottish Government is yet to set out its plans for reform. In March, ministers said an update would be provided as soon as practical.

Ms Clark, who represents the West of Scotland region, said: “There is already wide consensus that reform to FOI is well overdue. The way publicly funded services are delivered in Scotland has changed over the past two decades to the point where we have a patchwork of FOI rights, which depend on a provider being ‘public’ rather than on the public service received."

She added: “Reform is needed to close legal loopholes, build institutions which are accountable and transparent, and ensure the public’s enforceable right to access information is robust. The Scottish Government has had ample opportunity to come forward with its own reforms, as called for by legislators, journalists, campaigners and trade unionists.”

Carole Ewart, convenor of the Campaign for Freedom of Information Scotland, said action on reforming the legislation was “overdue”. She said: “It is 20 years since Scotland first passed legislation to establish an enforceable right to access information and create and architecture of transparency, accountability and scrutiny regulated by the independent Scottish Information Commissioner. Since 2015, there has been a succession of research, reports, campaigns and a Parliamentary inquiry, which have all confirmed the law needs to be substantially reformed as well as updated.

“Therefore, action is overdue and we are delighted that an MSP has agreed to consult on specific proposals to deliver robust FOI rights, which will benefit individuals, families and communities across Scotland.”

A Scottish Government spokesperson said: “The Scottish Government is already committed to reviewing the operation of Scotland’s FOI regime, which is why we have consultation plans already in development and we have committed to considering extension of FOISA in the social care sector. We welcome the contribution to the discussion that Katy Clark's consultation represents.

A consultation on Katy Clark's member's bill seeking to strengthen Freedom of Information legislation has opened. Picture: Getty Images

“Access to information plays a critical role in ensuring openness and transparency – and the Scottish Government believes Scotland’s FOI laws are robust and internationally respected.”

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