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Chamber and committees

Motion ref. S5M-05946

Leading Journalists Criticise the Scottish Government over FOISA

Submitted by: Neil Findlay, Lothian, Scottish Labour.
Date lodged: Friday, June 2, 2017

Supported by: Jackie Baillie, Claudia Beamish, Neil Bibby, Donald Cameron, Mary Fee, Iain Gray, Jamie Greene, Patrick Harvie, Monica Lennon, Richard Leonard, Lewis Macdonald, Alex Rowley, Anas Sarwar, Tavish Scott, Graham Simpson, Elaine Smith, Colin Smyth, Adam Tomkins, Andy Wightman
Current status: Taken in the Chamber on Tuesday, June 13, 2017

That the Parliament notes with great concern the letter from whom it understands are 23 prominent Scottish journalists to the selection panel for the appointment of the Scottish Information Commissioner, which was published on 1 June 2017 by The Ferret and Common Space and details what they argue are the failures of the Scottish Government and its agencies in relation to the Freedom of Information (Scotland) Act 2002 (FOISA); understands that it suggests that the application of FOISA by ministers and officials is questionable at best and, at worst, implies a culture and practice of secrecy and cover up, including, it believes, through routinely avoiding sharing information, often through not recording or taking minutes of meetings that are attended by ministers or senior civil servants; considers that this flies in the face of what it sees as the Scottish Government’s much-vaunted assessment of itself as open and transparent, including through the Open Government Partnership Scottish National Action Plan and its role as one of 15 pioneer members of the Open Government Partnership’s inaugural International Subnational Government Programme and legislation such as the Public Records (Scotland) Act 2011; understands that the Scottish Government introduced its Record Management Plan to comply with the 2011 Act; notes the view that the journalists’ criticism of FOISA shows that it is time to have a review of whether the legislation remains robust or has been diminished, whether it should be extended and strengthened and whether elements of it are still appropriate, such as the level set for the cost exemption, whereby the Scottish Government may refuse to provide information if the cost of doing so exceeds £600, a figure that hasn't been updated since FOISA came into force, and further notes the view that, by doing so, this would ensure that people in Lothian and across the country who use their freedom of information rights could be confident that FOISA would be improved and applied in a way that was consistent with the spirit intended when the law was established.