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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 29 November 2025
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Displaying 983 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

Graeme Dey

It is a fascinating question, in fact. It relates to what the Parliament does in the next session and how it could pursue legislation that might quickly be overtaken by AI in a variety of ways. You are right in that the ability to access information could change completely, courtesy of AI, and the process could become much simpler. There is no doubt that that would inform the views of the Government and the Parliament about the future expansion of FOISA.

Standards, Procedures and Public Appointments Committee [Draft]

Freedom of Information Reform (Scotland) Bill: Stage 1

Meeting date: 20 November 2025

Graeme Dey

We said in our response that we are not fully persuaded by the proposal. I understand the rationale for it, but I am simply putting the counter-argument, which probably reflects the fact that we are not persuaded at this stage. Clearly, it is a matter for the committee to take a view on.

Standards, Procedures and Public Appointments Committee [Draft]

Freedom of Information Reform (Scotland) Bill: Stage 1

Meeting date: 20 November 2025

Graeme Dey

Yes, it would be fair. I hope that the instinctive resistance to further roll-out that is sometimes encountered will be addressed by the experience of RSLs. It is human nature to say, “It’s not for us. It’s too much work. What a burden!” I well remember the resistance from RSLs, but—returning to the figure that I quoted earlier—within a year they were not experiencing the problem that they had expected.

All of us who support FOISA need to promote the message: the law is a good thing, it is right that it is there, and we should expand it. The concerns that have been expressed—the idea on the part of smaller organisations that the requirements are burdensome, and so on—should not lead people to be fearful of their organisations being captured by the law.

Standards, Procedures and Public Appointments Committee [Draft]

Freedom of Information Reform (Scotland) Bill: Stage 1

Meeting date: 20 November 2025

Graeme Dey

Yes.

Standards, Procedures and Public Appointments Committee [Draft]

Freedom of Information Reform (Scotland) Bill: Stage 1

Meeting date: 20 November 2025

Graeme Dey

There is not in principle.

Standards, Procedures and Public Appointments Committee [Draft]

Freedom of Information Reform (Scotland) Bill: Stage 1

Meeting date: 20 November 2025

Graeme Dey

We have concerns about the prosecutorial activities of both in terms of legislative competence.

Standards, Procedures and Public Appointments Committee [Draft]

Freedom of Information Reform (Scotland) Bill: Stage 1

Meeting date: 20 November 2025

Graeme Dey

There will be, once the care issue is dealt with.

Standards, Procedures and Public Appointments Committee [Draft]

Freedom of Information Reform (Scotland) Bill: Stage 1

Meeting date: 20 November 2025

Graeme Dey

That is a fair question, but I refer you to what I said earlier. Although I can understand the frustration about the time that that takes, I am not necessarily sure about the alternative process. We have some concerns about how that would work in practice and are not sure that it would necessarily deliver the robustness that is needed. None of us wants to be in a situation whereby, after it has progressed something, Parliament could be challenged on the groundwork that was done before it decided to proceed or on the robustness of the actual process beyond that. That is our concern.

If Parliament is to have a process that is sufficiently—I am going to use the word “robust” again—robust to relieve it of any risk of judicial review, I am not sure that it could do things more quickly. However, I get the point about the time that that takes.

Standards, Procedures and Public Appointments Committee [Draft]

Freedom of Information Reform (Scotland) Bill: Stage 1

Meeting date: 20 November 2025

Graeme Dey

It is a mix of both. I will bring Ross Grimley in on that point.

Standards, Procedures and Public Appointments Committee [Draft]

Freedom of Information Reform (Scotland) Bill: Stage 1

Meeting date: 20 November 2025

Graeme Dey

Just to be clear, we are not placing the burden back on the commissioner. It is simply logical to await his final report in order to understand whether there are any implications or read-across that should inform how we progress—that is all.