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Freedom of Information Reform (Scotland) Bill

This Bill, introduced by Katy Clark MSP, will reform Freedom of Information legislation in Scotland.

This is a Member's bill

The Bill was introduced on 2 June 2025.

Introduced: the Bill and its documents

Overview

The Freedom of Information system allows people to access information held by public authorities. This Bill will reform the Freedom of Information system. Changes introduced by the Bill include:

  • requiring Scottish Ministers to consider proposals made by the Scottish Information Commissioner when deciding whether to make an order to make a public body subject to the system
  • creating a process for the Scottish Parliament to add a body to the system
  • removing the First Minister’s power to override certain decisions of the Scottish Information Commissioner in relation to a request for information
  • requiring public authorities to proactively publish certain information, and to follow a new code of practice
  • requiring all public authorities that are subject to the system to appoint a Freedom of Information Officer
  • creating a new offence of destroying information so that it cannot be disclosed, even if no request for that information has been made

Why the Bill was created

The Member believes that Freedom of Information law is central to good governance and public accountability. She believes the law in this area should be updated and strengthened.

The Bill draws on recommendations and statements made by the Scottish Information Commissioner and by the Public Administration and Post-legislative Scrutiny Committee.

Accompanying Documents

Explanatory Notes (211KB, pdf) posted 04 June 2025

Policy Memorandum (310KB, pdf) posted 04 June 2025

Financial Memorandum (398KB, pdf) posted 04 June 2025

Delegated Powers Memorandum (137KB, pdf) posted 04 June 2025

Statements on legislative competence (109KB, pdf) posted 04 June 2025

Accompanying Documents (print versions)

Explanatory Notes (260KB, pdf) posted 02 June 2025

Policy Memorandum (368KB, pdf) posted 02 June 2025

Financial Memorandum (432KB, pdf) posted 02 June 2025

Delegated Powers Memorandum (238KB, pdf) posted 02 June 2025

Statements on legislative competence (161KB, pdf) posted 02 June 2025

Additional member in charge

Daniel Johnson MSP is the additional member in charge for the Freedom of Information Reform (Scotland) Bill.

Research on the Bill

The Scottish Parliament's Information Centre (SPICe) prepares impartial research and analysis to assist MSPs in their examination of Bills and other parliamentary business.

A research briefing will be published in due course.

The Bill was introduced on 2 June 2025