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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 18 March 2026
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Displaying 1032 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

Graeme Dey

On section 2(1), we would always consider recommendations made by the commission on the extension of FOISA, and we can demonstrate that that is the case.

We have reservations about the extension of the Parliament’s powers, which part of your question was about, and we went into some detail on those reservations in our memorandum to the committee. I can summarise them, if you like, but they are well covered there. For the reasons that we have outlined, we are not convinced that that is the appropriate way to go. It is worth noting that Parliament already has a substantial input in that designating is dealt with under the affirmative process, which means that there is a balance between the role of ministers and Government and the role of Parliament. I think that that strikes the right balance.

10:15  

Standards, Procedures and Public Appointments Committee [Draft]

Freedom of Information Reform (Scotland) Bill: Stage 1

Meeting date: 20 November 2025

Graeme Dey

We do not believe they are appropriate. We think that the current system strikes the right balance.

Standards, Procedures and Public Appointments Committee [Draft]

Freedom of Information Reform (Scotland) Bill: Stage 1

Meeting date: 20 November 2025

Graeme Dey

That goes to your point about resource, which is the word that you used, convener. We have the breadth of expertise and input into the process that the Parliament is currently unable to provide.

Standards, Procedures and Public Appointments Committee [Draft]

Freedom of Information Reform (Scotland) Bill: Stage 1

Meeting date: 20 November 2025

Graeme Dey

The engagement that there is in the lead-up to the completion of the FOISA designation provides the groundwork to ensure that the result will be successful.

Standards, Procedures and Public Appointments Committee [Draft]

Freedom of Information Reform (Scotland) Bill: Stage 1

Meeting date: 20 November 2025

Graeme Dey

If we are talking about a requirement to consider, the Government would be relaxed about that, but a requirement to be directed would be another matter.

Standards, Procedures and Public Appointments Committee [Draft]

Freedom of Information Reform (Scotland) Bill: Stage 1

Meeting date: 20 November 2025

Graeme Dey

We have concerns based on legislative competence in relation to the Lord Advocate and the procurators fiscal. I will bring in Ross Grimley to expand on that a little.

Standards, Procedures and Public Appointments Committee [Draft]

Freedom of Information Reform (Scotland) Bill: Stage 1

Meeting date: 20 November 2025

Graeme Dey

Jill McPherson knows all about codes of conduct.

Standards, Procedures and Public Appointments Committee [Draft]

Freedom of Information Reform (Scotland) Bill: Stage 1

Meeting date: 20 November 2025

Graeme Dey

It does, and I said so in the memorandum that I sent to the committee, but I can understand why people from the outside would feel otherwise. However, since the last additional roll-out, which I led, we had the pandemic, which had an enormous effect on the activity of the Government and the Parliament, and we took a view that the Care Reform (Scotland) Bill should be in place before we conduct the consultation on this issue.

I defend that decision, but I can understand why people have looked at that situation and felt that it was frustrating that more had not been done or that things were not done more quickly.

Standards, Procedures and Public Appointments Committee [Draft]

Freedom of Information Reform (Scotland) Bill: Stage 1

Meeting date: 20 November 2025

Graeme Dey

I will bring in Jill McPherson on that.

Standards, Procedures and Public Appointments Committee [Draft]

Freedom of Information Reform (Scotland) Bill: Stage 1

Meeting date: 20 November 2025

Graeme Dey

The issue is time, as the Law Society of Scotland has touched on. The bill was introduced quite late in this parliamentary session. It requires appropriate consideration and, from our perspective, amendment. I have to acknowledge—I think that you would accept this, convener—that, like the Parliament at this stage in this session, the Government’s resources are spread quite thinly when it comes to activity on both its bills and members’ bills.

You will recall that, just a few weeks ago in the chamber, I committed to assist the committee and the Parliament with regard to another bill. I cannot sit here today and say that we could commit the resources that would be required to amend the bill to get it into the kind of shape that I think that it would need to be in to proceed. However, of course, it falls to the committee to come to a conclusion on what should happen with the bill.

The bill is helpful in refocusing attention on FOISA. If the bill could not be sufficiently amended or simply fell because of lack of time, that is not to say that it would not point to a way forward, perhaps for the Parliament in its next session. Of course, there is always the option for members to bring back the bones of a bill that fell in a previous session.