The Official Report is a written record of public meetings of the Parliament and committees.
All Official Reports of meetings in the Debating Chamber of the Scottish Parliament.
All Official Reports of public meetings of committees.
Displaying 1945 contributions
Delegated Powers and Law Reform Committee [Draft]
Meeting date: 18 November 2025
Katy Clark
Are there any further points?
Delegated Powers and Law Reform Committee [Draft]
Meeting date: 18 November 2025
Katy Clark
Can you explain whether the new rules on contract law will apply only to contracts that are entered into after the bill comes into force?
Delegated Powers and Law Reform Committee [Draft]
Meeting date: 18 November 2025
Katy Clark
Would you like to put on the record any other comments about the bill’s drafting or the arguments that have been made in the responses to the committee’s call for views? Perhaps there are points that have not already been made in this morning’s evidence session.
Delegated Powers and Law Reform Committee [Draft]
Meeting date: 18 November 2025
Katy Clark
Lorna Richardson, do you think that there should be a right to contract out of any rules on the law of retention?
Delegated Powers and Law Reform Committee [Draft]
Meeting date: 18 November 2025
Katy Clark
Does anybody have anything to add on that particular issue?
Standards, Procedures and Public Appointments Committee
Meeting date: 13 November 2025
Katy Clark
The proposal for FOI officers to have a statutory basis has come from FOI officers over an extended period, long before I got involved in the issue. FOI officers in many organisations have said that they are having difficulties in getting their organisations to comply with the legislation. I appreciate that that does not sound as if it is at all the case in Glasgow, but it is the case in other organisations. FOI officers—who are often also data protection officers, particularly in smaller organisations—are saying that having a similar statutory basis to that for data protection would give them the authority in an organisation to insist that the law was complied with. Does that make sense to you?
Standards, Procedures and Public Appointments Committee
Meeting date: 13 November 2025
Katy Clark
My question is about the proposed criminal offence. The threshold for a criminal case is “beyond reasonable doubt”. The new offence is perceived to be about closing a loophole. It would have to be shown in court that someone was intending to avoid the law by destroying information. Do you think that the new offence would be used often, given that the criminal charges that already exist are rarely used?
Standards, Procedures and Public Appointments Committee
Meeting date: 13 November 2025
Katy Clark
I think that we have run out of time. Thank you.
Standards, Procedures and Public Appointments Committee
Meeting date: 13 November 2025
Katy Clark
For reasons of time I will ask about just one aspect of the bill. The new offence that we have just been discussing is crafted to address an identified problem and is designed to have a deterrent effect. We knew that there were going to be FOI requests about how the Scottish Government had dealt with Covid, and that is the particular scenario that has led to the proposed provision.
Do you have experience of working with the criminal offences in the 2002 act? The provision in the bill has been crafted in the same way. Do you have any practical experience of dealing with scenarios that have led to prosecutions under the act? That existing provision is rarely used.
10:30Standards, Procedures and Public Appointments Committee
Meeting date: 13 November 2025
Katy Clark
Yes—exactly.