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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 15 February 2026
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Displaying 1867 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

Katy Clark

I think that that would be clear in the publication code that the Information Commissioner produced. Those information codes would be specific to sectors or perhaps even organisations. Their requirements should not be onerous and would depend on the organisation’s resources. This is about a culture change, not putting additional resources into functions. It is about how people use the time.

A consultation process would lead up to the publication code. Therefore, to use the specific example that you have cited of local authorities, which are a large and significant set of bodies, I imagine that there would be an intensive consultation process with them about what might be in the publication code.

Standards, Procedures and Public Appointments Committee [Draft]

Freedom of Information Reform (Scotland) Bill: Stage 1

Meeting date: 27 November 2025

Katy Clark

The offence would be a criminal offence. The set of circumstances that are likely to lead to the Information Commissioner and the Crown Office wishing to proceed with a prosecution would probably be such that the view would be that it would be appropriate for the legislation to be in place.

I am not sure of the exact nature of the consultation that would take place in relation to the criminal offence. There might be a need for consultation in relation to proactive publication and the type of information that is published. However, in relation to the destruction of records, the threshold is so high that—

Standards, Procedures and Public Appointments Committee [Draft]

Freedom of Information Reform (Scotland) Bill: Stage 1

Meeting date: 27 November 2025

Katy Clark

Yes—that is correct. Agents of a public authority are normally employees who are carrying out a specific function of that public authority.

Standards, Procedures and Public Appointments Committee [Draft]

Freedom of Information Reform (Scotland) Bill: Stage 1

Meeting date: 27 November 2025

Katy Clark

Some things have been included and some things have not, because we are trying to get a consensus. I might well have wanted to have more things in the bill that have not been put in, but we are trying to make proposals on issues where there was less controversy and more consensus among stakeholders.

You are talking about one of the areas not only where there was less consensus but where issues were raised about legislative competence. Therefore, the view was that it was probably better not to include it in the bill.

There are quite a few matters that we could have included in the bill but did not, because we thought that we might run into problems and that there would be different views. We have attempted to coalesce the proposals around areas that have broad support.

09:45  

Standards, Procedures and Public Appointments Committee [Draft]

Freedom of Information Reform (Scotland) Bill: Stage 1

Meeting date: 27 November 2025

Katy Clark

Those issues could be raised at stage 2.

Standards, Procedures and Public Appointments Committee [Draft]

Freedom of Information Reform (Scotland) Bill: Stage 1

Meeting date: 27 November 2025

Katy Clark

The hope is that the bill will lead to culture change, where more information is proactively published. As the Information Commissioner outlined last week, the codes of practice would outline the type of information that it was useful for an organisation to publish, and he would work with the organisation in relation to that.

It is also hoped that that would lead to a reduction in the number of FOI requests and, therefore, that there would be savings as a result of that cultural change, because information would already be readily available. The Information Commissioner’s office says that we can often predict the kinds of FOI requests that are going to be made. If that information was proactively published, the public would not need to rely on the FOI mechanism.

Standards, Procedures and Public Appointments Committee [Draft]

Freedom of Information Reform (Scotland) Bill: Stage 1

Meeting date: 27 November 2025

Katy Clark

You are absolutely correct that the existing legislation requires that. Indeed, international law requires it, but the reality is that the system is not working well. The way that the legislation was framed in 2002 has meant that the system has not worked in the way that was envisaged. People who are actively involved in the sector believe that a proactive publication duty and very clear codes of practice and guidance from the Information Commissioner about what that actually means are far more effective. Indeed, that is how it is done in other countries, where it appears to be successful.

Standards, Procedures and Public Appointments Committee [Draft]

Freedom of Information Reform (Scotland) Bill: Stage 1

Meeting date: 27 November 2025

Katy Clark

In general, it would be a matter for committees themselves, but including the detail in the standing orders could be an option. It is the transparency of the process that would ensure whether it was robust. All stakeholders—the sector, private bodies, representative bodies and the Scottish Government—would be involved and would have the opportunity to make representations. It would be a far more transparent and, I would argue, robust process because of the public scrutiny that it would involve. However, it would be an additional mechanism; it would not be instead of the existing mechanisms.

Standards, Procedures and Public Appointments Committee [Draft]

Freedom of Information Reform (Scotland) Bill: Stage 1

Meeting date: 27 November 2025

Katy Clark

It is a hard question. Sometimes, the designation might be for only one small body that employs a relatively small number of people and does not work with a considerable amount of money; the Parliament might take the view, for political or other obvious reasons, that it should be compliant with the FOI legislation. At other times, the designation might be for a massive sector. Therefore, it is difficult to say, because it depends on the proposed designation, how much evidence is involved and how complex that is.

Standards, Procedures and Public Appointments Committee [Draft]

Freedom of Information Reform (Scotland) Bill: Stage 1

Meeting date: 27 November 2025

Katy Clark

Very much so.