Will reform improve Scotland’s freedom of information system?

The Scottish Parliament’s Standards, Procedures and Public Appointments (SPPA) Committee has today launched a call for views on the Scottish Government’s Freedom of Information Reform (Scotland) Bill.

The Bill would update the Freedom of Information (Scotland) Act 2002 by making the public’s right to information explicit (unless it is subject to an absolute exemption) and establishing a new duty for public authorities to publish information proactively.

It would also bring more bodies under freedom of information rules and mandate the appointment of freedom of information officers, to improve compliance.

In a move to improve the effectiveness of existing processes, the Bill would give the Scottish Information Commissioner stronger enforcement powers. It would remove the First Minister’s power to override the Commissioner’s decisions and allow the Commissioner to refer cases of failure to comply with the timescales directly to the Court of Session.

The Committee now wants to hear from users of the Act (which includes the media, trade unions and campaigners), public bodies, and bodies providing public services that may become subject to freedom of information rules under the Bill (such as third sector organisations and housing associations).

The range of organisations with an interest in this Bill is wide and is also likely to include academics and think tanks involved in representative democracy, legal bodies, information governance professionals and others who are involved in interpreting and applying freedom of information legislation.

The call for views is open today and will close to responses on 22 September 2025. The Committee plans to hold evidence sessions with stakeholders in November.

Martin Whitfield MSP, Convener of the Standards, Procedures and Public Appointments Committee, said:

“With the original Act now 20 years old, it’s timely to look at how the law might be updated.

“New legislation must be clearly defined and workable. The Committee is keen to hear views on the Bill’s proposals, and whether its aims to strengthen existing processes, increase transparency and extend coverage are likely to achieve their intended impact.

“The Committee will listen clearly to these views and take them into account, together with the oral evidence we will gather, to suggest how the Bill might be amended and improved.

“If you are a user of the Freedom of Information Act, subject to its rules (or may be, following the Bill), involved in interpreting requests or have an academic or public interest in the system, please do share your views on this Bill.”

Notes to editors

Katy Clark MSP lodged a draft proposal for a Members’ Bill on 1 November 2022 to reform Freedom of Information legislation in Scotland: Proposed Freedom of Information Scotland Bill | Scottish Parliament Website

The Member’s Bill was introduced on 2 June 2025 and is at Stage 1. More information about the Bill can be found here: Freedom of Information Reform (Scotland) Bill | Scottish Parliament Website

The call for views has opened today and can be found here: Freedom of Information Reform (Scotland) Bill