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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. Current session: 13 May 2021 to 5 December 2025
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Displaying 2076 contributions

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Standards, Procedures and Public Appointments Committee [Draft]

Freedom of Information Reform (Scotland) Bill: Stage 1

Meeting date: 13 November 2025

Martin Whitfield

Under agenda item 2, we return to our evidence gathering on the Freedom of Information Reform (Scotland) Bill. We are joined by Katy Clark MSP, who introduced the bill.

I welcome Gordon Martin, regional organiser and lead officer for CalMac Ferries, National Union of Rail, Maritime and Transport Workers; and Dr Kenneth Meechan, head of information and data protection officer for Glasgow City Council.

We will move directly to questions, and, as is the convener’s privilege, I will go first. My first question relates to the policy memorandum that sits behind the bill. The bill’s principal aim is to

“improve transparency by strengthening existing measures”

in the Freedom of Information (Scotland) Act 2002, and to deliver recommendations from the report of the Standards, Procedures and Public Appointments Committee in the previous parliamentary session. Gordon Martin, how timely are the changes and are they needed?

Standards, Procedures and Public Appointments Committee [Draft]

Freedom of Information Reform (Scotland) Bill: Stage 1

Meeting date: 13 November 2025

Martin Whitfield

Kenneth, can you share with us the major reason for refusals, if it is not commercial sensitivity? What requests for information are you being confronted with that cannot be disclosed by your front-line units?

Standards, Procedures and Public Appointments Committee [Draft]

Freedom of Information Reform (Scotland) Bill: Stage 1

Meeting date: 13 November 2025

Martin Whitfield

Do you think that the current public messaging about the importance of FOI—which ties into the importance of proper records management—is sufficiently strong to say that any hint of a deliberate attempt to alter or to prevent someone accessing information would be frowned on? Is that enough without the need for explicit primary legislation saying that that is a criminal offence?

Standards, Procedures and Public Appointments Committee [Draft]

Freedom of Information Reform (Scotland) Bill: Stage 1

Meeting date: 13 November 2025

Martin Whitfield

That is helpful.

We move to questions from Katy Clark.

Standards, Procedures and Public Appointments Committee [Draft]

Freedom of Information Reform (Scotland) Bill: Stage 1

Meeting date: 13 November 2025

Martin Whitfield

That is fine.

Standards, Procedures and Public Appointments Committee [Draft]

Freedom of Information Reform (Scotland) Bill: Stage 1

Meeting date: 13 November 2025

Martin Whitfield

I am sorry, Sue, but I think that Ruth Maguire has a little follow-up question for Kenneth Meechan.

Standards, Procedures and Public Appointments Committee [Draft]

Freedom of Information Reform (Scotland) Bill: Stage 1

Meeting date: 13 November 2025

Martin Whitfield

Welcome back. I welcome our second panel of witnesses. Chris Milne is former chair of the Scottish higher education information practitioners group, and Fiona Stuart, who joins us online, is a member of the Law Society of Scotland’s privacy sub-committee. We will move straight to questions, if that is all right.

Fiona Stuart, the policy memorandum talks about the bill’s aims

“to improve transparency in Scotland by strengthening existing measures in the Freedom of Information (Scotland) Act 2002”,

and to deliver recommendations that came, some time ago, from the Parliament in the previous session. How timely are those reforms now?

Standards, Procedures and Public Appointments Committee [Draft]

Freedom of Information Reform (Scotland) Bill: Stage 1

Meeting date: 13 November 2025

Martin Whitfield

Thank you. Chris Milne, is the bill timely?

10:00  

Standards, Procedures and Public Appointments Committee [Draft]

Freedom of Information Reform (Scotland) Bill: Stage 1

Meeting date: 13 November 2025

Martin Whitfield

Thank you, Fiona. You have provided the perfect contents page for our questions.

Standards, Procedures and Public Appointments Committee [Draft]

Freedom of Information Reform (Scotland) Bill: Stage 1

Meeting date: 13 November 2025

Martin Whitfield

Thank you. You got away lightly there, Emma—well done. We look forward to the Law Society’s response.

Chris, I go back to the question for clarification on the change of definition and the presumption. Would you and those you represent be confident that, if the provision was restated in the same terms, that would give you confidence that those you speak for understand what the expectation is? If the bill becomes law and even just changes it slightly, we could get into an area of uncertainty that could lead to problems of interpretation. Have I understood that correctly?