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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

I am not convinced that the argument that you are presenting—that the Parliament is incapable of doing the preparatory work—is as strong as is being relied on, but I understand the evidence that you have put forward.

Standards, Procedures and Public Appointments Committee

Freedom of Information Reform (Scotland) Bill: Stage 1

Meeting date: 20 November 2025

Martin Whitfield

Unless anyone wants to comment on that.

Standards, Procedures and Public Appointments Committee

Freedom of Information Reform (Scotland) Bill: Stage 1

Meeting date: 20 November 2025

Martin Whitfield

That is helpful.

You have picked up on the fact that the delivery of services, as well as the technology, has changed over the past 20 years. Interestingly, the bill itself does not extend the scope of the legislation. Is that a shortfall in the bill? Is the bill missing items that you would have liked to see in relation to extending how freedom of information would apply, and to whom?

Standards, Procedures and Public Appointments Committee

Freedom of Information Reform (Scotland) Bill: Stage 1

Meeting date: 20 November 2025

Martin Whitfield

In your proposed process, the clarification would effectively happen at the start, before there was any breakdown in relations or the organisation was set upon, which would mean that a conversation would happen and what the individual making the freedom of information request needed would actually be understood.

Standards, Procedures and Public Appointments Committee

Freedom of Information Reform (Scotland) Bill: Stage 1

Meeting date: 20 November 2025

Martin Whitfield

I want to explore how you envisage the role of Parliament. The current consultation period covers two sessions and two iterations of Parliament. There is a view of what the role of Parliament is. What is the philosophical reason for giving Parliament the power to designate when almost everything else sits with Government and is then scrutinised by Parliament? What are the advantages? What are the timescales? What is the problem that we are trying to address? Is it just that it is taking too long to expand designation?

Standards, Procedures and Public Appointments Committee

Freedom of Information Reform (Scotland) Bill: Stage 1

Meeting date: 20 November 2025

Martin Whitfield

Thank you.

Standards, Procedures and Public Appointments Committee

Freedom of Information Reform (Scotland) Bill: Stage 1

Meeting date: 20 November 2025

Martin Whitfield

One thing to consider is the balance between primary legislation, secondary legislation and non-legislative processes. David, do you have any comments about the balance that has been struck in the bill? You have described the bill as a kind of scaffolding for what goes forward. Are you content that it will allow us to continue to modernise without having to wait for potentially 20 years-plus for more legislation?

Standards, Procedures and Public Appointments Committee

Freedom of Information Reform (Scotland) Bill: Stage 1

Meeting date: 20 November 2025

Martin Whitfield

But that sensitive information is already protected.

Standards, Procedures and Public Appointments Committee

Freedom of Information Reform (Scotland) Bill: Stage 1

Meeting date: 20 November 2025

Martin Whitfield

It is for that exact reason that the committee is asking itself how, subject to the Parliament’s decision on the bill before us, we might future proof that situation in which a First Minister might use the veto. In that case, the only remedy for an individual would be, as Ross Grimley has said, to take the First Minister to court and have a judicial review of the process of using that veto, which might have been used because of, say, national security or any of the other exemptions.

This is one of the few areas of the bill where the responses that we have received have been overwhelmingly articulated in the same way, which is as follows: “This veto has existed from day 1, it has never been used, and we don’t think it is necessary.” The Scottish Government is making a statement to the people of Scotland that there is some information that, rightly and for extremely good reasons, cannot be disclosed, but the power is never going to sit just with the First Minister—there are layers before that.

I just wonder whether this brings us back to what we have been talking about with regard to the pause and people failing to get the information that they think they are entitled to or that they think exists. Is the Scottish Government actually the outlier? I understand the reasons behind the argument, but can I suggest that you think again—or at least consider the issue again?

Standards, Procedures and Public Appointments Committee

Freedom of Information Reform (Scotland) Bill: Stage 1

Meeting date: 20 November 2025

Martin Whitfield

Absolutely. I am sorry, Ruth—you wanted to come in.