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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 5 May 2021
  6. Current session: 12 May 2021 to 4 July 2025
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Displaying 1808 contributions

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Standards, Procedures and Public Appointments Committee

Scottish Information Commissioner

Meeting date: 23 March 2023

Martin Whitfield

It is right and proper to point out that one organisation is currently at level 4. Can you say anything about how long you anticipate that it will remain at that level for? That is the highest level of intervention that you undertake.

Standards, Procedures and Public Appointments Committee

Scottish Information Commissioner

Meeting date: 23 March 2023

Martin Whitfield

So, you remain a critical friend for all organisations.

Standards, Procedures and Public Appointments Committee

Scottish Information Commissioner

Meeting date: 23 March 2023

Martin Whitfield

There will be time for that in due course.

The final point that I want to make comes from your statement in the report. You said:

“it is clear that a strong and effective FOI regime and the openness and transparency it creates remains key in supporting accountability, strengthening participation and building trust in our public services.”

I echo that because of all that is needed. We have heard a lot of evidence today about the importance of FOI. We have had a hint of the challenges that Covid created when, for very obvious and understandable reasons, resources had to be moved within organisations to service other immediate needs. However, it is good to see things coming back, although it is probably sad to see that happening as slowly as it is.

You are in your final period of being our commissioner. The committee will have an opportunity before you depart to talk again, but I wish you all well until then. Thank you for attending today.

Standards, Procedures and Public Appointments Committee

Scottish Information Commissioner

Meeting date: 23 March 2023

Martin Whitfield

On the question of resource, I pass to Alexander Stewart.

Standards, Procedures and Public Appointments Committee

Decision on Taking Business in Private

Meeting date: 23 March 2023

Martin Whitfield

Good morning, and welcome to the fifth meeting in 2023 of the Standards, Procedures and Public Appointments Committee. Our first agenda item is a decision on whether to take in private agenda items 3 and 4. Item 3 is consideration of the evidence that we will hear in this session from the Scottish Information Commissioner, and item 4 is consideration of an approach to delivering the evaluation of the Lobbying (Scotland) Act 2016. Do members agree to take those items in private?

Members indicated agreement.

Standards, Procedures and Public Appointments Committee

Scottish Information Commissioner

Meeting date: 23 March 2023

Martin Whitfield

For our second item, I welcome Daren Fitzhenry, the current Scottish Information Commissioner. Daren is joined by Margaret Keyse, head of enforcement, and Claire Stephen, acting head of policy and information. Good morning to all of you. Daren, I will hand over to you to make a short introduction to your report.

Standards, Procedures and Public Appointments Committee

Scottish Information Commissioner

Meeting date: 23 March 2023

Martin Whitfield

Thank you. We will address many of those issues in our questions. Given that today is the three-year anniversary of the announcement of the first lockdown, I will open by asking you about the effect of the Covid-19 pandemic. I thank you for the paragraphs in your report about that. Where are you in that regard, following the lockdowns and the remote working that you had to do during Covid? Has that affected your priorities as you move forward?

Standards, Procedures and Public Appointments Committee

Scottish Information Commissioner

Meeting date: 23 March 2023

Martin Whitfield

As you have said, you wait an eternity and then two buses come along at the same time. There is the proposed member’s bill and the consultation on which you have responded as one. Is there anything in the proposed member’s bill that you were glad to see being proposed or anything that was in it but was omitted from the other consultation’s proposals?

Standards, Procedures and Public Appointments Committee

Commissioner for Ethical Standards in Public Life in Scotland

Meeting date: 9 March 2023

Martin Whitfield

It is right to say that, although the act itself was from very early on in the Parliament, it was a very—I will not say unique—unusual set of circumstances that led to it. Perhaps engagement at a later date about data and what can be deduced from it, the difference between complaints and cases, and the number of MSPs involved would be beneficial. I am grateful for your indication that you would be happy to have that engagement.

Standards, Procedures and Public Appointments Committee

Commissioner for Ethical Standards in Public Life in Scotland

Meeting date: 9 March 2023

Martin Whitfield

Thank you. With the usual fun and games as convener, I will go first and steal all the best questions.

Before we start, I say that the continuing honesty in the annual report about the challenges that you, as the commissioner, and your office have faced is very welcome. A number of external comments have pointed to failings in the commissioner’s office in the recent past. All the evidence that was given at the Public Audit Committee last week and the various reports on the issue contain comments to the effect that there has been great change, but there is still change to come and that it will be some time before confidence in your office—and, indeed, in you—is rebuilt.

What do you feel about seeing those comments, as commissioner? Do they resonate with you? Do you understand them, and are you committed to continue to reach for the higher standards that you have spoken about in your report?