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Official Report: search what was said in Parliament

The Official Report is a written record of public meetings of the Parliament and committees.  

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Dates of parliamentary sessions
  1. Session 1: 12 May 1999 to 31 March 2003
  2. Session 2: 7 May 2003 to 2 April 2007
  3. Session 3: 9 May 2007 to 22 March 2011
  4. Session 4: 11 May 2011 to 23 March 2016
  5. Session 5: 12 May 2016 to 4 May 2021
  6. Session 6: 13 May 2021 to 8 April 2026
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Displaying 1226 contributions

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Standards, Procedures and Public Appointments Committee

Freedom of Information Reform (Scotland) Bill: Stage 1

Meeting date: 27 November 2025

Katy Clark

It would strengthen the commissioner’s position and help to drive the bill’s intention, which is to ensure transparency, accountability and openness. Part of the reason is to ensure better use of the public pound and better public policy.

Standards, Procedures and Public Appointments Committee

Freedom of Information Reform (Scotland) Bill: Stage 1

Meeting date: 27 November 2025

Katy Clark

So, you are referring to the designation of a new body?

Standards, Procedures and Public Appointments Committee

Freedom of Information Reform (Scotland) Bill: Stage 1

Meeting date: 27 November 2025

Katy Clark

Okay. The whole purpose of section 5—and, indeed, the whole bill—is to increase accountability and to drive designations. The reports are intended to drive awareness of the designation of bodies and to create the parliamentary space for such a discussion to take place. The policy intention is to incentivise the greater use of ministers’ power to designate. The intention of the 2002 act was always that bodies delivering public services would comply with freedom of information requests, so the reports would be a regular opportunity to review the Scottish Government’s work to deliver that.

Standards, Procedures and Public Appointments Committee

Freedom of Information Reform (Scotland) Bill: Stage 1

Meeting date: 27 November 2025

Katy Clark

Is the legal change that you were referring to the designation of a body following a vote by the Parliament?

Standards, Procedures and Public Appointments Committee

Freedom of Information Reform (Scotland) Bill: Stage 1

Meeting date: 27 November 2025

Katy Clark

I think that that kind of detail would have to be put into standing orders. The advice that we got was that it would not be appropriate for that level of detail to be included in the bill.

It may well differ from one designation to another. If there was a view that the designation of a body needed to be done speedily and the matter was discrete and capable of being curtailed, it may be that the implementation could happen in a very short time. For other matters, it would be different. I think that that would have to be laid out in the proposal that was put before the Parliament.

09:30  

Standards, Procedures and Public Appointments Committee

Freedom of Information Reform (Scotland) Bill: Stage 1

Meeting date: 27 November 2025

Katy Clark

Yes, and it would depend on the framing of the motion that was put before the Parliament. It may depend on the circumstances, and there may well be occasions when that is part of what the Parliament is debating. There may be different views. Different political parties might take different positions about how speedily something could happen. There could be agreement on the principle, but some people might say, “This will take longer to implement,” while others might say, “No, we want this done now.” That would be a matter to be debated.

In reality, how quickly the order could be implemented and the designation made would depend on the nature of the designation, so it would be unwise to have a standard rule.

Standards, Procedures and Public Appointments Committee

Freedom of Information Reform (Scotland) Bill: Stage 1

Meeting date: 27 November 2025

Katy Clark

That is the hope. I was asked to take the bill forward partly as a result of frustration about the glacial progress of new designations. The hope is that, if Parliament debated such matters on a standing basis, it would move the issue higher up the agenda and lead to more designations. In such debates, ministers would probably want to be able to say that they had intentions and plans and to give commitments to the Parliament, which we hope would be honoured.

Standards, Procedures and Public Appointments Committee

Freedom of Information Reform (Scotland) Bill: Stage 1

Meeting date: 27 November 2025

Katy Clark

That is the intention, and section 6 has been drafted on that basis. Again, it is a technical amendment. With the bill, we have attempted to bring together all the changes that have been recommended for which there seems to be a strong body of support or a consensus, and this is one of them. The provision has been drafted by parliamentary draftspeople, and the wording in the bill is the drafting that they felt was robust. We have had alternative versions, but this is the version that we were advised was appropriate.

Standards, Procedures and Public Appointments Committee

Freedom of Information Reform (Scotland) Bill: Stage 1

Meeting date: 27 November 2025

Katy Clark

Yes—that is correct. Agents of a public authority are normally employees who are carrying out a specific function of that public authority.

Standards, Procedures and Public Appointments Committee

Freedom of Information Reform (Scotland) Bill: Stage 1

Meeting date: 27 November 2025

Katy Clark

Some things have been included and some things have not, because we are trying to get a consensus. I might well have wanted to have more things in the bill that have not been put in, but we are trying to make proposals on issues where there was less controversy and more consensus among stakeholders.

You are talking about one of the areas not only where there was less consensus but where issues were raised about legislative competence. Therefore, the view was that it was probably better not to include it in the bill.

There are quite a few matters that we could have included in the bill but did not, because we thought that we might run into problems and that there would be different views. We have attempted to coalesce the proposals around areas that have broad support.

09:45