Thank you, convener. I am very pleased to have the opportunity to say a few words in support of the regulations.
The proposed time-for-compliance regulations are a pragmatic response to issues that were raised in last year’s consultation on extending coverage of the Freedom of Information (Scotland) Act 2002. During the consultation process, the grant-aided and independent special schools that were proposed for inclusion within the scope of the 2002 act highlighted the practical difficulties that they would experience because of school holidays in responding to requests within the standard 20-working-day period. The act allows for variation in response timescales in particular circumstances, and I am sympathetic to the position of those schools that are now required to comply with FOI obligations. Unlike local authority schools, grant-aided and independent special schools are, for the purposes of freedom of information, public authorities in their own right. Such schools are generally closed during holiday periods and have a limited number of administrative staff, who usually work only in term time, which clearly creates practical difficulties for them in responding to FOI requests during holiday periods.
There is precedent for such proposals in other legislation—for example, the Pupils’ Educational Records (Scotland) Regulations 2003 (SSI 2003/581), which require the release of information within timescales that are calculated according to school days rather than working days. I welcome the broad support for the proposals, including from Capability Scotland, the Royal Blind School, Kibble Education and Care Centre, and the Scottish Information Commissioner. In particular, I note the commissioner’s observation that the regulations are, in practice, a backstop for the schools that are affected.
However, I also note the concerns that were expressed in some responses, including the Campaign for Freedom of Information in Scotland’s concern that the proposed regulations would create a two-tier system. The campaign emphasised the need for a process of qualification and independent verification for agreeing when schools are recognised as being closed and suggested that such a process could be overseen by the Scottish Information Commissioner. In effect, that is what will happen. I hope that that allays the concerns of that campaign and others. The independent Scottish Information Commissioner oversees and enforces Scotland’s freedom of information laws.
In addition, in consultation with the commissioner, I propose to revise the section 60 code of practice to emphasise the statutory duty to respond to requests promptly, and to stress that, if staff with the appropriate skills, knowledge and authority are available, it would be good practice to respond to any request, even if the regulations apply.
The proposed regulations, in tandem with revisions to strengthen the code of practice, are sensible and take into account the specific circumstances of the schools that are now subject to freedom of information law.
As with the order that extended coverage to which the regulations relate, it is our intention to review their impact later this year. The review will help to inform our on-going aim of keeping Scotland’s freedom of information legislation effective and fit for purpose.
I hope that the committee will support the motion.