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Chamber and committees

Official Report: search what was said in Parliament

The Official Report is a written record of public meetings of the Parliament and committees.  

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Dates of parliamentary sessions
  1. Session 1: 12 May 1999 to 31 March 2003
  2. Session 2: 7 May 2003 to 2 April 2007
  3. Session 3: 9 May 2007 to 22 March 2011
  4. Session 4: 11 May 2011 to 23 March 2016
  5. Session 5: 12 May 2016 to 4 May 2021
  6. Current session: 13 May 2021 to 7 December 2025
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Displaying 2987 contributions

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Standards, Procedures and Public Appointments Committee [Draft]

Freedom of Information Reform (Scotland) Bill: Stage 1

Meeting date: 27 November 2025

Sue Webber

Section 11 proposes repealing paragraph (a) of section 48 of the 2002 act, which prevents the Scottish Information Commissioner from investigating how its office handles information requests. What is your rationale for removing that specific restriction?

Standards, Procedures and Public Appointments Committee [Draft]

Freedom of Information Reform (Scotland) Bill: Stage 1

Meeting date: 27 November 2025

Sue Webber

The bill does not provide for the repeal of paragraphs (b) and (c) of section 48 of the 2002 act, which prevent the Scottish Information Commissioner from investigating the handling of appeals about the handling of information requests by a procurator fiscal or the Lord Advocate in their capacity as head of criminal prosecution and investigation of deaths in Scotland. Why was repeal of paragraphs (b) and (c) not included in the bill, even though consultation on that was recommended in session 5 of the Parliament?

Standards, Procedures and Public Appointments Committee [Draft]

Freedom of Information Reform (Scotland) Bill: Stage 1

Meeting date: 27 November 2025

Sue Webber

You are referring to a bit of a behavioural or cultural change.

Standards, Procedures and Public Appointments Committee [Draft]

Freedom of Information Reform (Scotland) Bill: Stage 1

Meeting date: 27 November 2025

Sue Webber

Section 10 of the bill would amend section 43 of the 2002 act, which sets out the general functions of the Scottish Information Commissioner. You consider it necessary to have a statutory power to require individuals, rather than just the public authority, to provide information when it is necessary for the commissioner to perform their statutory functions. Is that correct?

Standards, Procedures and Public Appointments Committee [Draft]

Freedom of Information Reform (Scotland) Bill: Stage 1

Meeting date: 27 November 2025

Sue Webber

Indeed, the Scottish Government indicated last week that there might be issues with legislative competence, including in relation to the procurator fiscal and the Lord Advocate.

Standards, Procedures and Public Appointments Committee [Draft]

Freedom of Information Reform (Scotland) Bill: Stage 1

Meeting date: 27 November 2025

Sue Webber

On section 12 of the bill, you have indicated in the policy memorandum that the use of enforcement notices to require compliance with the codes of practice should be seen as a “last resort”. The Scottish Government has indicated to us that it has concerns that making the codes of practice enforceable would give them the status of law. Why do you consider it important that a practice recommendation can ultimately be enforced?

Standards, Procedures and Public Appointments Committee [Draft]

Freedom of Information Reform (Scotland) Bill: Stage 1

Meeting date: 27 November 2025

Sue Webber

We heard some examples from the minister last week—including, I think, in relation to national security—but there are other mechanisms.

Standards, Procedures and Public Appointments Committee [Draft]

Freedom of Information Reform (Scotland) Bill: Stage 1

Meeting date: 27 November 2025

Sue Webber

My questions are on enforcement and the Scottish Information Commissioner, because a number of sections of the bill would make technical updates to enforcement powers. Section 9 would bring in a new exemption for information that is provided to the Scottish Information Commissioner during the investigation of appeals process. Why is that necessary?

Standards, Procedures and Public Appointments Committee [Draft]

Freedom of Information Reform (Scotland) Bill: Stage 1

Meeting date: 27 November 2025

Sue Webber

You were here last week. We have heard that the Scottish Government believes that, as drafted, the exemption is not limited to FOI requests made to the commissioner in respect of information held by him. The Government’s view is that, under the bill, once information was provided to the commissioner, it would become exempt even if it would not previously have benefited from an exemption. How do you respond to the concerns that that could allow the original authority to rely on that exemption and withhold the same information in response to other requests?

Standards, Procedures and Public Appointments Committee [Draft]

Freedom of Information Reform (Scotland) Bill: Stage 1

Meeting date: 27 November 2025

Sue Webber

If it is your intention that the exemption should apply only to the commissioner, should the provision be amended to make that clearer?