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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 14 March 2026
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Displaying 2354 contributions

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Standards, Procedures and Public Appointments Committee [Draft]

Freedom of Information Reform (Scotland) Bill: Stage 1

Meeting date: 20 November 2025

Martin Whitfield

And there is a value in freedom of information.

Standards, Procedures and Public Appointments Committee [Draft]

Freedom of Information Reform (Scotland) Bill: Stage 1

Meeting date: 20 November 2025

Martin Whitfield

Good morning. I welcome everyone to the 22nd meeting in 2025 of the Standards, Procedures and Public Appointments Committee.

I have received apologies from Emma Roddick. I welcome Rona Mackay, who attends as committee substitute. Good morning, Rona.

Our first item is an evidence-taking session on the Freedom of Information Reform (Scotland) Bill at stage 1. We are joined by Katy Clark MSP, who introduced the bill.

I welcome our witnesses. David Hamilton is the Scottish Information Commissioner, and Paul Mutch is deputy head of policy and information in the commissioner’s office. Good morning.

I will kick straight off with questions. I will come to you first, David, as commissioner.

In the spirit of a starter for 10, will you expand on why you think that reform of primary legislation is needed at this stage? That is a nice, easy opening question.

Standards, Procedures and Public Appointments Committee [Draft]

Freedom of Information Reform (Scotland) Bill: Stage 1

Meeting date: 20 November 2025

Martin Whitfield

That is fine.

I am going to jump about a bit and come to Jill McPherson regarding the listed public authorities. Is the review still on-going or has it concluded?

Standards, Procedures and Public Appointments Committee [Draft]

Freedom of Information Reform (Scotland) Bill: Stage 1

Meeting date: 20 November 2025

Martin Whitfield

Thank you, minister, and thank you, Jill McPherson and Ross Grimley, for your evidence and for attending the committee this morning. I know that you are going to write to us. We know where you are, and you know where we are.

11:01 Meeting continued in private until 11:24.  

Standards, Procedures and Public Appointments Committee [Draft]

Freedom of Information Reform (Scotland) Bill: Stage 1

Meeting date: 20 November 2025

Martin Whitfield

Yes.

Standards, Procedures and Public Appointments Committee [Draft]

Freedom of Information Reform (Scotland) Bill: Stage 1

Meeting date: 20 November 2025

Martin Whitfield

I go back to the concept in the bill of a movement to proactive publication. You have set out your response to that and the concerns about it. Would the Government support it if a limitation to the specific information that needs to be proactively published was specified through secondary legislation or guidance, or, to look at it the other way, if there were very clear exemptions to proactive publication? Could a process shift the view of the Government on its stance on institutions moving to proactive publication?

Standards, Procedures and Public Appointments Committee [Draft]

Freedom of Information Reform (Scotland) Bill: Stage 1

Meeting date: 20 November 2025

Martin Whitfield

That is helpful. Interestingly, in its submission, the Law Society of Scotland talked about your lack of power with regard to the inspection of electronic devices and things like that. You have already talked about certain areas in which things need to be tightened up because they were missed or because they just need to be tightened up. Have you considered what other powers you need and whether the bill might be the vehicle to provide you with those powers? Such powers could include the seizure of electronic devices or access to AI databases in California to see what is in them.

Standards, Procedures and Public Appointments Committee [Draft]

Freedom of Information Reform (Scotland) Bill: Stage 1

Meeting date: 20 November 2025

Martin Whitfield

Do you see the designation of freedom of information officers within institutions as an advantage? Do you see the benefit of having such officers as a place for you or the public to go to in the first instance?

Standards, Procedures and Public Appointments Committee [Draft]

Freedom of Information Reform (Scotland) Bill: Stage 1

Meeting date: 20 November 2025

Martin Whitfield

This is potentially beyond the scope of the bill, but is there some value in looking to bring records management, GDPR and freedom of information together in a combined role in order to give people access to information and stop them running into walls—internally, within organisations—that others are defending?

Standards, Procedures and Public Appointments Committee [Draft]

Freedom of Information Reform (Scotland) Bill: Stage 1

Meeting date: 20 November 2025

Martin Whitfield

Annie Wells joins us online. [Interruption.]