The Official Report is a written record of public meetings of the Parliament and committees.
All Official Reports of meetings in the Debating Chamber of the Scottish Parliament.
All Official Reports of public meetings of committees.
Displaying 1226 contributions
Standards, Procedures and Public Appointments Committee
Meeting date: 27 November 2025
Katy Clark
Do you mean the section 5 reports to the Parliament?
Standards, Procedures and Public Appointments Committee
Meeting date: 27 November 2025
Katy Clark
It could be in standing orders. It might be something that the relevant committee would look at. For example, in the case of a large sector, the committee might have a view on the timetable for implementation. In the case of a single body and a relatively discrete matter, the committee might take the view that implementation could happen either immediately or very quickly—say, within a month, three months or six months. I do not think that it would be appropriate to put that in the bill, because it would depend on the designation.
Standards, Procedures and Public Appointments Committee
Meeting date: 27 November 2025
Katy Clark
Yes.
Standards, Procedures and Public Appointments Committee
Meeting date: 27 November 2025
Katy Clark
The intention behind my proposal, which has come from those who are directly involved in the process, is to speed up the process and encourage early clarification. Again, I view it as a technical amendment. There seems to be consensus that this is the right approach among those who are heavily involved in freedom of information, such as information commissioners, academics, the Campaign for Freedom of Information in Scotland and those who use freedom of information regularly. The issue was also looked at by the committee in the previous parliamentary session.
Carole Ewart might want to add something because you have raised a technical point.
Standards, Procedures and Public Appointments Committee
Meeting date: 27 November 2025
Katy Clark
Proposed new section 41A of the 2002 act refers to section 47(1) of that act, in which a narrow set of circumstances apply. It says that a person who is dissatisfied with a notice or
“the failure of a Scottish public authority to which a requirement for review was made to give such a notice ... may make application to the Commissioner for a decision whether, in any respect specified in that application, the request for information to which the requirement relates has been dealt with in accordance with Part 1 of this Act.”
That is a very narrow set of circumstances.
Standards, Procedures and Public Appointments Committee
Meeting date: 27 November 2025
Katy Clark
It is clear in the bill that the provision relates to information that is provided only to the commissioner and that the circumstances that are outlined in section 47(1) of the 2002 act have to apply. The provision is based on experience in practice that this can become an issue, and it would assist the Scottish Information Commissioner in their work if the exemption was allowed. On that basis, it is a reasonable request from those who have worked in the commissioner’s office.
Standards, Procedures and Public Appointments Committee
Meeting date: 27 November 2025
Katy Clark
That is for consistency; the view is that there would be a firewall. The repeal would mean greater accountability and consistency in the implementation of the legislation. That is the thinking behind it. [Interruption.]
Carole Ewart is pointing out to me that other regulators investigate themselves, so it is not a new approach—it would adhere to that general principle.
Standards, Procedures and Public Appointments Committee
Meeting date: 27 November 2025
Katy Clark
The examples that were used would all be covered in other ways. I cannot envisage why the power would be required, but, if the Scottish Government had strong views on the matter, it could lodge amendments at stage 2. The evidence that we have taken and the views from stakeholders show that the power is not required. There is strong support for its removal.
Standards, Procedures and Public Appointments Committee
Meeting date: 27 November 2025
Katy Clark
The position is very similar to the other examples that have been put to me. Although I hope that it would never be used, this is another provision that is intended to be a deterrent and to help drive organisations to deliver on their legal functions and statutory obligations.
Standards, Procedures and Public Appointments Committee
Meeting date: 27 November 2025
Katy Clark
Yes.