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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 November 2025
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Displaying 757 contributions

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Standards, Procedures and Public Appointments Committee [Draft]

Freedom of Information Reform (Scotland) Bill: Stage 1

Meeting date: 6 November 2025

Ruth Maguire

Good morning. We have had a conversation about how far the proposals will go in creating a cultural shift. If you have anything else to add about that, please do so, but I also have some specific questions for you, the first of which is about the duty to publish, which would replace the publication scheme duty that we have at the moment.

Juliet Swann, what are your reflections on how well the duty to publish would keep pace and be future proof? You said that a lot of our communications are now digital. We have already seen the use of questions that have been generated by artificial intelligence for freedom of information requests, and the public sector is involved in digital transformation at varying pace. Is the proposed duty future proof in your organisation’s eyes?

Standards, Procedures and Public Appointments Committee [Draft]

Subordinate Legislation

Meeting date: 6 November 2025

Ruth Maguire

Good morning, minister. We understand that the action that is being taken is intended to remove any scope for confusion, but are there any risks associated with the extension that is being proposed? If so, how have they been assessed?

Standards, Procedures and Public Appointments Committee [Draft]

Freedom of Information Reform (Scotland) Bill: Stage 1

Meeting date: 6 November 2025

Ruth Maguire

Good morning. Thank you for your evidence so far. It has been very interesting.

I have some questions about replacing the publication scheme with a duty to publish. As has been spoken about this morning, many who responded to the committee’s calls for evidence advocated for a cultural shift in the way that public authorities approach proactive publication and the resourcing of FOI functions. I am interested in hearing panel members’ assessment of the readiness of the public sector in Scotland to implement that proactive duty to publish. What technical, financial or cultural support might be needed to make that shift effective?

Standards, Procedures and Public Appointments Committee [Draft]

Freedom of Information Reform (Scotland) Bill: Stage 1

Meeting date: 6 November 2025

Ruth Maguire

Thank you. On the consultation requirements for the new publication code, the bill says that the Scottish Information Commissioner must consult

“the Keeper of the Records of Scotland ... any Scottish public authority listed in schedule 1 or such persons as appear to the Commissioner to represent those authorities ... any person designated by means of an order under section 5 ... the Scottish Ministers, and ... such other persons as appear to the Commissioner to be relevant”.

Should any additional institutions or perspectives be included in the development process? I am mindful of what you have said about the time that it takes to do these things.

Standards, Procedures and Public Appointments Committee [Draft]

Freedom of Information Reform (Scotland) Bill: Stage 1

Meeting date: 6 November 2025

Ruth Maguire

The public interest benefit of proactive publication is probably widely accepted, but the committee will want to hear reflections on financial implications. Do the panel members have any assessment to share with us of the resources needed to implement the duty set out in the bill’s financial memorandum?

Standards, Procedures and Public Appointments Committee [Draft]

Freedom of Information Reform (Scotland) Bill: Stage 1

Meeting date: 6 November 2025

Ruth Maguire

When we think about freedom of information, we often think about journalists using it—although here we think about politicians. Will the work that you spoke about, and the bill, do enough to help the public to find the information that they need and, importantly, help them to use that information to realise their rights?

Standards, Procedures and Public Appointments Committee [Draft]

Freedom of Information Reform (Scotland) Bill: Stage 1

Meeting date: 6 November 2025

Ruth Maguire

That is helpful. Alex, in your evidence, you noted concerns about data fragmentation in the public sector. Can you expand on how that might affect the implementation of the duty to publish? Do you have evidence of the scale of the issue that you have flagged? How might we address it to ensure that that duty works well?

Standards, Procedures and Public Appointments Committee [Draft]

Freedom of Information Reform (Scotland) Bill: Stage 1

Meeting date: 6 November 2025

Ruth Maguire

Thank you.

Kevin Dunion, you mentioned some Scandinavian countries where the culture is different. Why does that difference exist? Is it simply about leadership?

Standards, Procedures and Public Appointments Committee [Draft]

Freedom of Information Reform (Scotland) Bill: Stage 1

Meeting date: 6 November 2025

Ruth Maguire

The majority—perhaps the overwhelming majority—of respondents were supportive of this, but some raised issues such as the additional resources required, the manner in which data is held by public authorities and some fragmentation in that respect. As well as the cultural considerations, there will be practical implications—financial or whatever—for authorities, too.

Standards, Procedures and Public Appointments Committee [Draft]

Freedom of Information Reform (Scotland) Bill: Stage 1

Meeting date: 6 November 2025

Ruth Maguire

Thank you. Erin Ferguson, do you wish to share anything on that, or on the previous question?