Freedom of Information Reform (Scotland) Bill

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

Stage: Introduced Stage: Stage 1 Stage: Stage 2 Stage: Stage 3 Stage: Act

This Bill is at Stage 1 of the process to decide if it should become an Act.

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Overview

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:

requiring Scottish Ministers to consider proposals made by the Scottish Information Commissioner when deciding whether to make an order to make a public body subject to the system
creating a process for the Scottish Parliament to add a body to the system
removing the First Minister’s power to override certain decisions of the Scottish Information Commissioner in relation to a request for information
requiring public authorities to proactively publish certain information, and to follow a new code of practice
requiring all public authorities that are subject to the system to appoint a Freedom of Information Officer
creating a new offence of destroying information so that it cannot be disclosed, even if no request for that information has been made

Why the Bill was created

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.

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.

Additional member in charge

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.

Research on the Bill

The Scottish Parliament's Information Centre (SPICe) prepares impartial research and analysis to assist MSPs in their examination of Bills and other parliamentary business.

A research briefing will be published in due course.

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.

Lead committee examines the Bill

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.

Stage 1 report by the lead committee

The lead committee will publish a Stage 1 report before the debate on the general principles of the Bill.

Freedom of Information Reform (Scotland) Bill

Introduced: the Bill and its documents

Overview

Why the Bill was created

Bill as Introduced

Accompanying Documents

Accompanying Documents (print versions)

Additional member in charge

Research on the Bill

Stage 1: general principles

Lead committee examines the Bill

Stage 1 report by the lead committee