Question reference: S6W-23322
- Asked by: Evelyn Tweed, MSP for Stirling, Scottish National Party
- Date lodged: 27 November 2023
-
Current status: Initiated by the Scottish Government. Answered by George Adam on 28 November 2023
Question
To ask the Scottish Government when it will publish its response to the analysis of the responses to its recent consultation on access to information rights in Scotland, and what its position is on the issues considered in the consultation.
Answer
The response to the analysis of responses to the Access to Information Rights in Scotland consultation will be published today. The response concludes that the fundamentals of the access to information rights regime, provided by the Freedom of Information (Scotland) Act 2002 (FOISA) and Environmental Information (Scotland) Regulations 2004 (EIRs), remain fit for purpose. The Scottish Government therefore does not propose to introduce new primary legislation to amend FOI law within the current session of the Scottish Parliament.
Rather, the Scottish Government proposes to address issues which have been raised in the post-legislative scrutiny process within the framework provided by the existing primary legislation – including through the use of existing secondary legislation making powers.
This includes a commitment to a future consultation on extension of FOISA to private and third sector care homes, and care at home services, with that consultation to take place once the National Care Service (Scotland) Bill has been passed by the Parliament. The full response will become available shortly on the Scottish Government website at: https://www.gov.scot/isbn/9781835217252