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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 11 December 2025
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Displaying 2076 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

Thank you.

Standards, Procedures and Public Appointments Committee [Draft]

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 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 [Draft]

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 [Draft]

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 [Draft]

Freedom of Information Reform (Scotland) Bill: Stage 1

Meeting date: 20 November 2025

Martin Whitfield

Therefore, the Scottish Government’s concern is not that the Parliament 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. Should the process stay in place, so that the Parliament is involved only in iterations of updating?

Standards, Procedures and Public Appointments Committee [Draft]

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 [Draft]

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 [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

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.

Standards, Procedures and Public Appointments Committee [Draft]

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.