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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 8 December 2025
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Displaying 2076 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

Martin Whitfield

Obviously, standing orders cannot direct legislation. However, the motion that would be debated in the Parliament could articulate the date when the designation would take effect. Is that the vehicle by which you see the designation occurring, rather than it being made by the minister and subsequently reviewed in the debate? Do you see Parliament having that role in debating the motion as the vehicle of designation?

Standards, Procedures and Public Appointments Committee [Draft]

Freedom of Information Reform (Scotland) Bill: Stage 1

Meeting date: 27 November 2025

Martin Whitfield

That is helpful.

Let us turn to the financial memorandum and the duty to publish. As you have articulated, including just now, the duty to publish is a reframing of an existing obligation—it is where we want to get to. Therefore, you have suggested that the duty is, in effect, cost neutral, because we are just moving on. The Government does not agree with you. What is your evidence for your position? What is your view? Does proactive publication simply reframe an existing duty, which therefore already encompasses it? Alternatively, given the evidence that we have heard about the changes that might be required, particularly in councils, do you think that the Government might have a point in saying that the provision could require resource?

Standards, Procedures and Public Appointments Committee [Draft]

Freedom of Information Reform (Scotland) Bill: Stage 1

Meeting date: 27 November 2025

Martin Whitfield

In your introduction, you made the point that this is actually a technical bill rather than a bill that covers massively new ground. You have said that the financial memorandum is accurate in that you are reframing an existing obligation. However, you also talked about the bill trying to achieve cultural change, and we all know that cultural change is incredibly difficult to achieve and invariably comes with costs. What is your view on that specific issue?

Standards, Procedures and Public Appointments Committee [Draft]

Freedom of Information Reform (Scotland) Bill: Stage 1

Meeting date: 27 November 2025

Martin Whitfield

One of the other criticisms that have been levelled at the provision is that, although it would hardly ever be used, local authorities would now potentially have to store information for ever and a day, because they would be concerned that, at some point in the future, someone would come along and say, “This person deliberately got rid of it.” How would you answer that?

Standards, Procedures and Public Appointments Committee [Draft]

Freedom of Information Reform (Scotland) Bill: Stage 1

Meeting date: 27 November 2025

Martin Whitfield

That is fine. Thank you.

I thank Carole Ewart and Katy Clark for attending this morning. If thoughts or views come to mind, as sometimes happens the second you step outside of the door, you know where the clerks are in order to reach us, and vice versa, should we have any questions further to our deliberations, I hope that you do not mind our reaching out to you for answers.

10:06 Meeting continued in private until 10:41.  

Standards, Procedures and Public Appointments Committee [Draft]

Freedom of Information Reform (Scotland) Bill: Stage 1

Meeting date: 27 November 2025

Martin Whitfield

The Scottish Government has identified a number of issues: the duty to publish, the creation of an offence and the resourcing implications. It is concerned about whether those issues can be addressed. Do you have concerns about that, or have we received sufficient evidence to draw conclusions? I will ask you about the financial memorandum in my next question, but what is your response to the Government’s concerns? To make a précis of the Government’s response, it is saying, “These are really big issues, and we need time to think.” Are the Government’s concerns legitimate? Does your bill, as drafted, address them? Given the evidence as you understand it, could the bill, if it were to proceed, be amended to address them?

Standards, Procedures and Public Appointments Committee [Draft]

Freedom of Information Reform (Scotland) Bill: Stage 1

Meeting date: 20 November 2025

Martin Whitfield

Unless anyone wants to comment on that.

Standards, Procedures and Public Appointments Committee [Draft]

Freedom of Information Reform (Scotland) Bill: Stage 1

Meeting date: 20 November 2025

Martin Whitfield

Please do.

Standards, Procedures and Public Appointments Committee [Draft]

Freedom of Information Reform (Scotland) Bill: Stage 1

Meeting date: 20 November 2025

Martin Whitfield

And all of those things have protections already.

Standards, Procedures and Public Appointments Committee [Draft]

Freedom of Information Reform (Scotland) Bill: Stage 1

Meeting date: 20 November 2025

Martin Whitfield

I want to explore how you envisage the role of Parliament. The current consultation period covers two sessions and two iterations of Parliament. There is a view of what the role of Parliament is. What is the philosophical reason for giving Parliament the power to designate when almost everything else sits with Government and is then scrutinised by Parliament? What are the advantages? What are the timescales? What is the problem that we are trying to address? Is it just that it is taking too long to expand designation?