This Bill, introduced by Katy Clark MSP, will reform Freedom of Information legislation in Scotland.
This is a Member's bill
The Bill was introduced on 2 June 2025 and is at Stage 1
This Bill is at Stage 1 of the process to decide if it should become an Act.
The Freedom of Information system allows people to access information held by public authorities. This Bill will reform the Freedom of Information system. Changes introduced by the Bill include:
The Member believes that Freedom of Information law is central to good governance and public accountability. She believes the law in this area should be updated and strengthened.
The Bill draws on recommendations and statements made by the Scottish Information Commissioner and by the Public Administration and Post-legislative Scrutiny Committee.
Freedom of Information Reform (Scotland) Bill as introduced (624KB, pdf) posted 02 June 2025
Explanatory Notes (211KB, pdf) posted 04 June 2025
Policy Memorandum (310KB, pdf) posted 04 June 2025
Financial Memorandum (398KB, pdf) posted 04 June 2025
Delegated Powers Memorandum (137KB, pdf) posted 04 June 2025
Statements on legislative competence (109KB, pdf) posted 04 June 2025
Explanatory Notes (260KB, pdf) posted 02 June 2025
Policy Memorandum (368KB, pdf) posted 02 June 2025
Financial Memorandum (432KB, pdf) posted 02 June 2025
Delegated Powers Memorandum (238KB, pdf) posted 02 June 2025
Statements on legislative competence (161KB, pdf) posted 02 June 2025
All Bills introduced in the Parliament must be accompanied by specific documents. For most Bills, this includes:
Explanatory Notes: this document provides an overview of what the Bill does, plus a more detailed explanation of individual provisions.
Policy Memorandum: this sets out the objectives of the Bill. It also lists any alternatives considered, details of consultations, and an assessment of the effects of the Bill on a range of areas.
Financial Memorandum: this sets out estimates of costs, savings, and any changes to revenues expected to result from the Bill.
Delegated Powers Memorandum: this is needed if a Bill gives powers to make subordinate legislation or allows Scottish Ministers to issue directions, guidance or codes of practice.
Statements on legislative competence: two short statements, one by the Presiding Officer and one by the Member introducing the Bill. “Legislative competence” means the powers the Parliament has to make law.
Daniel Johnson MSP is the additional member in charge for the Freedom of Information Reform (Scotland) Bill.
The Member who introduces the Bill is also, in the first instance, the ‘Member in charge’ of it. They may choose to name an ‘additional Member in charge’. This gives the Member in charge an assurance that any necessary procedural steps can still be taken if they are unavailable for a period or on a particular occasion.
The Scottish Parliament's Information Centre (SPICe) prepares impartial research and analysis to assist MSPs in their examination of Bills and other parliamentary business.
Research briefing on the Freedom of Information Reform (Scotland) Bill
The Bill was introduced on 2 June 2025
At Stage 1, the Bill is given to a lead committee. This is usually the committee whose remit most closely relates to the subject of the Bill. The lead committee will consider and report on the Bill. Other committees may also examine the Bill and report to the lead committee. Finally, there is a debate and vote by all MSPs on the general principles of the Bill. If the general principles are not agreed to, then the Bill ‘falls’ and can’t become law.
The lead committee for this Bill is the Standards, Procedures and Public Appointments Committee.
The lead committee will usually examine the Bill through evidence sessions. This will involve contributions from individuals and organisations, known as 'witnesses', with knowledge of the subject matter. The committee might also discuss the Bill in private sessions.
The Standards, Procedures and Public Appointments (SPPA) Committee is seeking views on the Freedom of Information Reform (Scotland) Bill. Those views will inform the Committee’s scrutiny.
Who we would like to hear from:
We welcome responses from a wide range of individuals and organisations, including:
- Members of the public
- Public bodies (those subject to freedom of information rules, or who may be following the Bill)
- Advocacy groups
- Media
- Legal bodies
- Information governance professionals
- Academics/think tanks involved representative democracy
-Any other stakeholders with an interest in the freedom of information system
The questions include:
- To what extent do you believe the proposals in the Bill will help achieve its primary aim of improving transparency in Scotland by strengthening the Freedom of Information (Scotland) Act 2002?
- Do you support the proposal that when a public authority is deciding whether to withhold information under a qualified exemption, it must begin from the position that the information should be disclosed?
- Do you agree with the repeal of the current provisions in relation to publication schemes and the introduction of a proactive publication duty and code of practice?
Read all of the questions and submit your views on Citizen Space
The call for views closes on 22 October 2025.
Read the Official Report of the meeting
If a Bill is relevant to more than one committee, 'secondary committees' may consider and report on the general principles of the Bill to the lead committee. Some Bills may also be considered by the Delegated Powers and Law Reform Committee or the Finance and Public Administration Committee.
Letter to Katy Clark MSP, 2 October 2025