SNP accused of being 'wedded to secrecy' as significant Freedom of Information reform rejected

Ministers rejected plans to introduce new legislation to strengthen transparency rules.

Ministers have been accused of being “wedded to secrecy” after rejecting the possibility of new legislation designed to strengthen transparency rules.

George Adam, minister for parliamentary business, revealed the Scottish Government would tweak aspects of Freedom of Information (FOI) rules in coming years.

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However, the Government has stopped short of new rules covering WhatsApp messages, new powers for Parliament to determine who is subject to transparency rules, and imposing more stringent rules on public bodies who use confidentiality clauses.

First Minister Humza Yousaf addresses delegates on the first day of the STUC Congress in Dundee in AprilFirst Minister Humza Yousaf addresses delegates on the first day of the STUC Congress in Dundee in April
First Minister Humza Yousaf addresses delegates on the first day of the STUC Congress in Dundee in April

Reforms were broadly supported by third sector and civil society groups, but found opposition among public bodies. The Scottish Information Commissioner also “expressed scepticism” about the existing rules.

Scottish Liberal Democrat MSP Willie Rennie said the reforms showed the SNP were “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,” he said. "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.

“It is essential to inject transparency back into government. This really matters because we’ve seen Covid WhatsApps deleted, the needs of islanders relegated below confidentiality in the ferries fiasco, and the Government’s collapsed deposit return company exempt from FOI.”

Mr Adam said Scotland already had “rigorous” FOI legislation and committed to using the National Care Service Bill to examine expanding it further into the care sector.

He said: “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.

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“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.”

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