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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 2354 contributions

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Standards, Procedures and Public Appointments Committee

Freedom of Information Reform (Scotland) Bill: Stage 1

Meeting date: 27 November 2025

Martin Whitfield

That is helpful.

Let us turn to the financial memorandum and the duty to publish. As you have articulated, including just now, the duty to publish is a reframing of an existing obligation—it is where we want to get to. Therefore, you have suggested that the duty is, in effect, cost neutral, because we are just moving on. The Government does not agree with you. What is your evidence for your position? What is your view? Does proactive publication simply reframe an existing duty, which therefore already encompasses it? Alternatively, given the evidence that we have heard about the changes that might be required, particularly in councils, do you think that the Government might have a point in saying that the provision could require resource?

Standards, Procedures and Public Appointments Committee

Freedom of Information Reform (Scotland) Bill: Stage 1

Meeting date: 27 November 2025

Martin Whitfield

In your introduction, you made the point that this is actually a technical bill rather than a bill that covers massively new ground. You have said that the financial memorandum is accurate in that you are reframing an existing obligation. However, you also talked about the bill trying to achieve cultural change, and we all know that cultural change is incredibly difficult to achieve and invariably comes with costs. What is your view on that specific issue?

Standards, Procedures and Public Appointments Committee

Freedom of Information Reform (Scotland) Bill: Stage 1

Meeting date: 27 November 2025

Martin Whitfield

That, in essence, would also be your thesis in response to the point that new designations would cost money. When there is a new designation, much of the work of the Information Commissioner will already have been done, unless the individual, authority or entity wants to spend a fortune. Designation will be presented as a step, and a newly designated body should not fear it, because, if it is a well-run organisation, it can comply easily.

Standards, Procedures and Public Appointments Committee

Freedom of Information Reform (Scotland) Bill: Stage 1

Meeting date: 27 November 2025

Martin Whitfield

I apologise for interrupting you, Carole. I am conscious of the time, because we have a lot to get through. The session is for the member. A substantial amount of what you have talked about has been submitted in evidence, so we have heard it. I am conscious that we want to hear from the member in charge of the bill rather than consider evidence that we have already heard, because, if the bill progresses, we must also establish the amount of room that we have to make changes. However, thank you for that contribution.

Standards, Procedures and Public Appointments Committee

Freedom of Information Reform (Scotland) Bill: Stage 1

Meeting date: 20 November 2025

Martin Whitfield

Can I clarify that? It is not the only protection that would prevent disclosure of information. In effect, the First Minister’s veto is the last of a number of walls that have to be gone through or over—however we want to describe it. It is the last step of the Scottish Government, which is represented, along with the law officers, by the First Minister taking the decision, and my understanding is that reference then needs to be made to previous barriers that could have prevented the publication. The power has never been used, and it is an outlier on the international stage.

Standards, Procedures and Public Appointments Committee

Freedom of Information Reform (Scotland) Bill: Stage 1

Meeting date: 20 November 2025

Martin Whitfield

And all of those things have protections already.

Standards, Procedures and Public Appointments Committee

Freedom of Information Reform (Scotland) Bill: Stage 1

Meeting date: 20 November 2025

Martin Whitfield

Sue, can I bring you in?

Standards, Procedures and Public Appointments Committee

Freedom of Information Reform (Scotland) Bill: Stage 1

Meeting date: 20 November 2025

Martin Whitfield

No problem—that is excellent. I call Rona Mackay.

Standards, Procedures and Public Appointments Committee

Freedom of Information Reform (Scotland) Bill: Stage 1

Meeting date: 20 November 2025

Martin Whitfield

Yes.

Standards, Procedures and Public Appointments Committee

Freedom of Information Reform (Scotland) Bill: Stage 1

Meeting date: 20 November 2025

Martin Whitfield

So, it is not a cultural stance that proactive publication is wrong, and the reality of understanding what is—and possibly more important, what is not—covered by the term may move the Government’s stance.