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 2357 contributions
Standards, Procedures and Public Appointments Committee [Draft]
Meeting date: 20 November 2025
Martin Whitfield
Can I clarify that? It is not the only protection that would prevent disclosure of information. In effect, the First Minister’s veto is the last of a number of walls that have to be gone through or over—however we want to describe it. It is the last step of the Scottish Government, which is represented, along with the law officers, by the First Minister taking the decision, and my understanding is that reference then needs to be made to previous barriers that could have prevented the publication. The power has never been used, and it is an outlier on the international stage.
Standards, Procedures and Public Appointments Committee [Draft]
Meeting date: 20 November 2025
Martin Whitfield
You are confident that the definition of freedom of information that we have had over the past 20 years is sufficiently robust and is at such a level that we can still rely on our top-level understanding of what we mean by it. What will change is the technology that gives access to it. Would it be fair to say that?
Standards, Procedures and Public Appointments Committee [Draft]
Meeting date: 20 November 2025
Martin Whitfield
Interestingly, the Government’s proposal was to make such lobbying of parliamentary interest under the 2016 act.
Standards, Procedures and Public Appointments Committee [Draft]
Meeting date: 20 November 2025
Martin Whitfield
If we compare the bill to the Lobbying (Scotland) Act 2016, we see that the reality is that it is not the Parliament that carries out the designation of the new entities that are deemed to be lobbying. That is done by another body.
What we are talking about is the decision point. As Ross Grimley has rightly said, rather than designate bodies through secondary legislation, it is effectively done by way of motion.
Standards, Procedures and Public Appointments Committee [Draft]
Meeting date: 20 November 2025
Martin Whitfield
That is helpful.
You have picked up on the fact that the delivery of services as well as the technology have changed over the past 20 years. Interestingly, the bill itself does not extend the scope of the legislation. Is that a shortfall in the bill? Is the bill missing items that you would have liked to see in relation to extending how freedom of information would apply, and to whom?
Standards, Procedures and Public Appointments Committee [Draft]
Meeting date: 20 November 2025
Martin Whitfield
In your proposed process, the clarification would effectively happen at the start, before there was any breakdown in relations or the organisation was set upon, which would mean that a conversation would happen and what the individual making the freedom of information request needed would actually be understood.
Standards, Procedures and Public Appointments Committee [Draft]
Meeting date: 20 November 2025
Martin Whitfield
So, there is no review of schedule 1 going on at the moment.
Standards, Procedures and Public Appointments Committee [Draft]
Meeting date: 20 November 2025
Martin Whitfield
Is your concern that Parliament could not create a process that would stand up in court, or is it a more prosaic concern that the resources available to Parliament to undertake the sort of inquiry that is needed fall far short of those available to the Scottish Government?
Standards, Procedures and Public Appointments Committee [Draft]
Meeting date: 20 November 2025
Martin Whitfield
What is the Scottish Government’s view on approaches that would lead to improvements in the freedom of information world? What is the balance between primary legislation, secondary legislation and non-legislative approaches?
Standards, Procedures and Public Appointments Committee [Draft]
Meeting date: 20 November 2025
Martin Whitfield
David, you talked about the changing position of AI, and you rightly pointed out that it is in a very different place now from where it was when the bill was first considered. Do you have any fears about technology effectively allowing for information to be hidden? Is that a genuine concern? Is it something that we should be worried about and that the bill can address or should we be a bit more optimistic about technology, because new technologies such as AI might make it incredibly difficult to hide data and information?
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