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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 10 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: 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]

Freedom of Information Reform (Scotland) Bill: Stage 1

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]

Freedom of Information Reform (Scotland) Bill: Stage 1

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]

Freedom of Information Reform (Scotland) Bill: Stage 1

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]

Freedom of Information Reform (Scotland) Bill: Stage 1

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]

Freedom of Information Reform (Scotland) Bill: Stage 1

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]

Freedom of Information Reform (Scotland) Bill: Stage 1

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]

Freedom of Information Reform (Scotland) Bill: Stage 1

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]

Freedom of Information Reform (Scotland) Bill: Stage 1

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?

09:45  

Standards, Procedures and Public Appointments Committee [Draft]

Freedom of Information Reform (Scotland) Bill: Stage 1

Meeting date: 20 November 2025

Martin Whitfield

I could sarcastically suggest that 20 years is a long period, but I will not.

Jill McPherson, can you offer us an insight into any non-legislative solutions?