SNP ministers branded ‘information offenders’ over upheld FOI appeals

The Scottish Liberal Democrats called the Government ‘frequent information offenders’

Willie Rennie. Picture: Lisa Ferguson

Scottish ministers were ordered to release wrongly withheld information more than a dozen times in the space of a year by the information watchdog.

Figures show the Scottish Government topped the table as the public authority that had the most appeals upheld against it.

The Scottish Liberal Democrats called the Government "frequent information offenders".

Data released to the party under freedom of information laws shows 50 appeals were submitted to the Scottish Information Commissioner (SIC) in the 12 months to September 14 after the Scottish Government refused to release information. Of these, 13 were at least partially upheld, with more information disclosed to the applicant.

Police Scotland faced the second highest number of appeals, at 30. Of these, five were at least partially successful. Edinburgh Council faced the most appeals of any local authority, at 17, of which four were at least partially successful.

The SIC launched an intervention to improve Scottish Government practice in 2017, following concerns raised by journalists and others about its handling of FOI requests. A progress report published last month found significant improve ments, but said there remain “a number of concerns which have not to date been fully addressed and resolved”.

Liberal Democrat MSP Willie Rennie said: “These figures show that the Scottish Government are frequent information offenders. The Information Commissioner should not be having to step in 13 times in just one year to order the release of information that should be public.

“Freedom of information laws have played a mighty role in holding government and public authorities to account and uncovered hosts of scandals.

“However as these laws have bedded in it has become apparent that loopholes remain which allow ministers to dodge scrutiny. Any campaigner who has used freedom of information laws knows that the government will act as opaquely and evasively as possible.

“Twenty years on from when the Scottish Liberal Democrats first introduced freedom of information legislation, the time has come to ensure these laws are updated to reflect their original spirit. Our proposals would help to return transparency, integrity and fair practice back into our politics.”

The Liberal Democrats want FOI laws to be expanded to cover companies which provide government services, as well as the introduction of a new “duty to record” so the public can always access information about important ministerial meetings and decision-making processes.

The party also wants an end to the Scottish Government placing adverse publicity clauses in public sector contracts. It said the Government should commit to international best practice by signing up to the Council of Europe’s Tromso Convention, which provides a general right of access to official documents held by public authorities.

A Scottish Government spokesman said it responded to almost 6,000 cases during this time period in question. “Of the 32 appeals decisions published, more than half were fully or partially upheld in our favour,” the spokesman added.

The latest figures come as Scottish ministers face questions over transparency relating to the UK Covid Inquiry. First Minister Humza Yousaf and his deputy, Shona Robison, have been accused of misleading parliament over the release of pandemic WhatsApp messages.