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  4. MSP consults on extending freedom of information law

MSP consults on extending freedom of information law

2nd November 2022 | government-administration

A proposed member's bill that is backed by the Campaign for Freedom of Information in Scotland ("CFoIS") has been launched for public consultation today.

West of Scotland Labour MSP Katy Clark is seeking to introduce a Freedom of Information Reform (Scotland) Bill that would:

  • extend coverage of the Scottish FOI legislation to all bodies delivering public services, services of a public nature and publicly funded services;
  • create a role of freedom of information officer;
  • increase the proactive publication of information;
  • improve enforcement where necessary; and
  • improve compliance with human rights law.

Her proposed bill is based on a draft bill published by CFoIS at the beginning of this year, following a seven year campaign to remedy weaknesses in the present law.

A particular problem is that FOI rights should follow the service not, as currently happens, the provider of the publicly funded service, which may not be a body caught by the present law – a "systemic loophole", according to CFoIS.

Carole Ewart, convener of CFoIS, commented: "It is 20 years since Scotland first passed legislation to establish an enforceable right to access information and create an architecture of transparency, accountability and scrutiny regulated by the independent Scottish Information Commissioner. Since 2015 there has been a succession of research, reports, campaigns and a parliamentary inquiry which have all confirmed the law needs to be substantially reformed as well as updated. 

"Legislative action is overdue and we are delighted that an MSP has agreed to consult on specific proposals to deliver robust FOI rights which will benefit individuals, families and communities across Scotland. CFoIS encourages people and organisations to respond to the consultation as your views count. Also please share your practical experiences of making information requests so the reform is effective."

Access the consultation here. The closing date for responses is 2 February 2023.

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