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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 12 December 2025
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Displaying 2081 contributions

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Standards, Procedures and Public Appointments Committee [Draft]

Document subject to Parliamentary Control

Meeting date: 4 December 2025

Martin Whitfield

I have only two concerns. The first is about the matters that our companion committee, the DPLR Committee, identified. Those need to be taken into account.

Secondly, with regard to the question of the consultation, there are wider questions that need to be looked at—probably after the election—with regard to guidance that is being given in respect of various matters.

Good morning, Emma. We are discussing the second item, which is on guidance and the code of practice. Do you want to make any comments?

Standards, Procedures and Public Appointments Committee [Draft]

Document subject to Parliamentary Control

Meeting date: 4 December 2025

Martin Whitfield

Fine. Are we content to note the document?

Members indicated agreement.

Standards, Procedures and Public Appointments Committee [Draft]

Decision on Taking Business in Private

Meeting date: 4 December 2025

Martin Whitfield

Good morning, and welcome to the 24th meeting in 2025 of the Standards, Procedures and Public Appointments Committee. Under item 1, does the committee agree to take in private item 3, which is consideration of a report from the Ethical Standards Commissioner?

Members indicated agreement.

Standards, Procedures and Public Appointments Committee [Draft]

Document subject to Parliamentary Control

Meeting date: 4 December 2025

Martin Whitfield

Our second item is consideration of a draft code of practice for non-party campaigners at the Scottish parliamentary elections and council elections in Scotland. Members will recall that we considered a draft of the code at our meeting on 6 November, as part of the consultation process that is required under the parent act. The document before us today was laid following the conclusion of that process.

This document is subject to the negative procedure and has been referred to the committee for scrutiny on policy grounds. For clarity on procedure, any MSP may propose, by motion, that the lead committee recommend that the document not be approved. If such a motion is lodged, it must be debated at a meeting of the committee, and the committee must then report to the Parliament. If there is no motion recommending that the document not be approved, the committee is not required to report on the document.

The committee is invited to consider whether there are any points that we would like to raise on the draft code of practice. As is set out in the accompanying note, the Delegated Powers and Law Reform Committee has identified two minor matters in relation to a reference in the code to the publication of consultation reports.

Is there anything that members would like to discuss before we move to the next part of the meeting?

Members: No.

Standards, Procedures and Public Appointments Committee [Draft]

Document subject to Parliamentary Control

Meeting date: 4 December 2025

Martin Whitfield

Excellent. I now move the meeting into private session.

09:32 Meeting continued in private until 10:15.  

Standards, Procedures and Public Appointments Committee [Draft]

Freedom of Information Reform (Scotland) Bill: Stage 1

Meeting date: 27 November 2025

Martin Whitfield

That is very helpful.

09:15  

Standards, Procedures and Public Appointments Committee [Draft]

Freedom of Information Reform (Scotland) Bill: Stage 1

Meeting date: 27 November 2025

Martin Whitfield

The reason I asked is that, unless committees have a procedure in place, through standing orders or some other method, by which designations can be started, processed and decided, we could end up in the situation that we are in with post-legislative scrutiny, in which lots of committees would love to do something and are genuinely interested in it, but, because they have such little control of their timetabling, it never comes about. We risk creating a solution that is never used, which would only perpetuate on-going frustration. At present, that frustration is directed towards the Scottish Government for its frankly glacial pace, but that could be turned on to committees if they have no way of fulfilling the requirements.

Standards, Procedures and Public Appointments Committee [Draft]

Freedom of Information Reform (Scotland) Bill: Stage 1

Meeting date: 27 November 2025

Martin Whitfield

Let us turn to the designation of a freedom of information officer. There has been a lot of support for that, but there has also been evidence to say that it is unnecessary. One of the challenges appears to be that the designation needs to be of someone who is high enough within an organisation to have an effect, whereas the work of freedom of information is frequently done by staff at a much lower level. How will we get over the challenge of holding a designated official responsible when internal documents will suggest that everything has been designated to a lowly person, things have gone wrong and it is their fault? How do we make sure that the designation works at the level that—I think—you anticipate, so that cultural change can be driven by a senior person without the blame being poured down the ladder to someone else?

Standards, Procedures and Public Appointments Committee [Draft]

Freedom of Information Reform (Scotland) Bill: Stage 1

Meeting date: 27 November 2025

Martin Whitfield

So, the purpose behind it is to reflect for freedom of information the success that data protection officers have brought to the system.

As a by-question, we have heard evidence that, if you then include records management, you are bringing together the three areas that are crucial to the issue and probably crucial to the cultural change that you have referred to. Did you consider merging those three roles in the bill?

Standards, Procedures and Public Appointments Committee [Draft]

Freedom of Information Reform (Scotland) Bill: Stage 1

Meeting date: 27 November 2025

Martin Whitfield

One thing that we have heard some evidence about is that very small organisations may struggle to provide that different role. However, you are suggesting that that role is complementary to the data protection role, for which there are no exclusions, so someone must be responsible for that. The resource implication is therefore very small for that designation, because it is probably the person who is doing it anyway.

10:00