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  4. Ministers consult on stronger information access rights

Ministers consult on stronger information access rights

30th November 2022 | government-administration

A consultation on improving rights to information about public services has been opened by the Scottish Government, with a view to possible strengthening of the Freedom of Information (Scotland) Act ("FOISA").

It comes as public views are being gathered on a proposal for a Holyrood member's bill to extend the coverage of the legislation to all bodies delivering public services or services of a public nature.

The Government consultation implements a Holyrood committee recommendation in 2020 to consult on the need for further change. In it the Government states its longstanding position "that we seek to operate within FOISA, rather than proposing significant changes to it, but that we are open to adjusting the regime where it is necessary and sensible to do so".

Its "clear view" is "that the case for any new primary legislation must be thoroughly tested – and should only be considered where there are no satisfactory routes for improving the operation of the information rights regime within the current statutory framework".

The paper covers whether additional third sector bodies and private businesses should be brought within the scope of FOISA, if they carry out work for the public sector or receive public funds, as well as what information should be published proactively by Government and public services. The consultation also looks at whether guidance on the use of different technology platforms should be introduced.  

Katy Clark MSP, the member proposing her own bill, is taking up reforms prepared by the Campaign for Freedom of Information in Scotland. She states that with the 2020 report, which recommended extensive legal reform, not having been implemented, "I am similarly persuaded that FoI legislation requires to be overhauled, so I am reacting to legislative inactivity and publishing this consultation as the first step to delivering a member’s bill."

Access the Government consultation here. The deadline for responding is Tuesday 14 March 2023. 

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