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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: 20 November 2025

Martin Whitfield

You are confident that the definition of freedom of information that we have had over the past 20 years is sufficiently robust and is at such a level that we can still rely on our top-level understanding of what we mean by it. What will change is the technology that gives access to it. Would it be fair to say that?

Standards, Procedures and Public Appointments Committee

Freedom of Information Reform (Scotland) Bill: Stage 1

Meeting date: 20 November 2025

Martin Whitfield

We have heard concerns about the timings that are proposed in the bill and whether the years are triggered from the time of the event or the investigation. Even the most innocent of people might think that it is a challenge to have a timescale that does not start when an event happened but starts when another event happens at some future date. What is your view on that?

Standards, Procedures and Public Appointments Committee

Freedom of Information Reform (Scotland) Bill: Stage 1

Meeting date: 20 November 2025

Martin Whitfield

So, the public can be confident that not starting the time until some future date is because the level that is needed to prove a potential offence is so high that it will be used only when something has been put beyond the reach of the public deliberately, with the intent of preventing the public from seeing it. The public can take confidence in having a more elongated timescale, if I can put it that way.

Standards, Procedures and Public Appointments Committee

Freedom of Information Reform (Scotland) Bill: Stage 1

Meeting date: 20 November 2025

Martin Whitfield

Good. My final question is about the 12 months until royal assent, should the bill be passed. Do you have any views about the code of practice on proactive publication in that time?

Standards, Procedures and Public Appointments Committee

Freedom of Information Reform (Scotland) Bill: Stage 1

Meeting date: 20 November 2025

Martin Whitfield

What is the Scottish Government’s view on approaches that would lead to improvements in the freedom of information world? What is the balance between primary legislation, secondary legislation and non-legislative approaches?

Standards, Procedures and Public Appointments Committee

Freedom of Information Reform (Scotland) Bill: Stage 1

Meeting date: 20 November 2025

Martin Whitfield

Please do.

Standards, Procedures and Public Appointments Committee

Freedom of Information Reform (Scotland) Bill: Stage 1

Meeting date: 20 November 2025

Martin Whitfield

Interestingly, it was the Government that proposed that regulation of lobbying become a parliamentary interest under the 2016 act.

Standards, Procedures and Public Appointments Committee

Freedom of Information Reform (Scotland) Bill: Stage 1

Meeting date: 20 November 2025

Martin Whitfield

So, there is no review of schedule 1 going on at the moment.

Standards, Procedures and Public Appointments Committee

Freedom of Information Reform (Scotland) Bill: Stage 1

Meeting date: 20 November 2025

Martin Whitfield

Is your concern that Parliament could not create a process that would stand up in court, or is it a more prosaic concern that the resources available to Parliament to undertake the sort of inquiry that is needed fall far short of those available to the Scottish Government?

Standards, Procedures and Public Appointments Committee

Freedom of Information Reform (Scotland) Bill: Stage 1

Meeting date: 20 November 2025

Martin Whitfield

Therefore, the Scottish Government’s concern is not that law making by parliamentary resolution is an unusual vehicle but that the Scottish Government’s wider interest in FOI—you have talked about cross-policy input—is so great that designation should not sit with the Parliament, but should stay with the Government, with the various iterations being updated accordingly.