Committee
Local Government and Regeneration Committee 10 February 2016
10 Feb 2016 · S4 · Local Government and Regeneration Committee
Item of business
Subordinate Legislation
Freedom of Information (Scotland) Act 2002 (Designation of Persons as Scottish Public Authorities) Order 2016 [Draft]
Joe FitzPatrick
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In her special report, the Scottish Information Commissioner asked us to look at two areas, the first of which related to the question whether there was a public function. In other words, if we see that a body is carrying out a public function, we should look at extending FOI to it. The second area was loss of rights; in that respect, the commissioner and others had very much argued that there had been a loss of rights with regard to housing associations. We need to look at those two things in deciding how to extend coverage but my officials are looking at a wide range of bodies to which we might consider extending FOI legislation. Obviously, the consultation process on the order was wide enough to give people the chance to suggest other bodies that we might need to look at. We need to make sure that any extension happens at a rate that allows us and the Scottish Information Commissioner to support the bodies that are coming in. The experience with the leisure trusts was a positive one. Like anyone else asked to comply with new regulations, they had concerns, but in practice there was no reason for them to have been concerned because, with proper preparation, they were able to comply. People now have a better understanding of their rights when they want information from a leisure trust, and the same goes for other arm’s-length external organisations. Most of the ALEOs in Scotland are already covered because they are wholly owned by the local authority but as I have said we need to look at bodies that might be carrying out a public function and at potential loss of rights. Andrew, do you want to add anything else?
In the same item of business
The Convener (Kevin Stewart)
SNP
Good morning and welcome to the sixth meeting in 2016 of the Local Government and Regeneration Committee. I ask everyone present to turn off their mobile pho...
The Minister for Parliamentary Business (Joe FitzPatrick)
I am pleased to speak in favour of this motion. The order, the second such to be laid by this Government, will further extend the scope of Scotland’s freedom...
The Convener
SNP
From what you have just told us, it seems that this current extension is not the end of your work. We have seen moves in the House of Commons to roll back th...
Joe FitzPatrick
I hope that it is clear from the Government’s actions in this and previous orders and from what I have said about future orders that our direction of travel ...
The Convener
SNP
Thank you. I will now open it up to members’ questions.
John Wilson (Central Scotland) (Ind)
Ind
Good morning, minister. I want to expand on what is proposed to be covered in the change. For example, you mentioned independent special schools and private ...
Joe FitzPatrick
The information relates to the public sector contracts that are held. That is how the legislation needs to be framed. Andrew Gunn will be able to add to that.
Andrew Gunn (Scottish Government)
The minister is right. In respect of prisons, the extension of coverage applies purely to the contracts for the provision of services at HMP Kilmarnock or HM...
John Wilson
Ind
So would management and other fees that might be charged by the parent organisation—say, Serco, Sodexo or G4S—in relation to the provision of services and pa...
Joe FitzPatrick
Fees that relate to the public contract—
John Wilson
Ind
Could that element be subject to FOI requests?
Joe FitzPatrick
It is possible that the situation will not be clear in some areas, but that is where the Scottish Information Commissioner comes in. Indeed, that is why it i...
John Wilson
Ind
I welcome your comments about a phased approach to extending FOI regulations, particularly the extension of FOI requests to social landlords. For some time n...
Joe FitzPatrick
In her special report, the Scottish Information Commissioner asked us to look at two areas, the first of which related to the question whether there was a pu...
Andrew Gunn
I reiterate that we are taking an incremental, factor-based approach to the actual functions carried out by bodies that have been identified in terms of stat...
John Wilson
Ind
I welcome the minister’s positive response on ALEOs, given that organisations initially expressed a lot of fears and that those fears do not seem to have mat...
Willie Coffey (Kilmarnock and Irvine Valley) (SNP)
SNP
Thank you very much, minister, for what I think is a really positive move, but I wonder whether you could provide a little clarification. With these kinds of...
Joe FitzPatrick
Even if an organisation such as a local authority is entirely covered by the FOI regime, things are always going to fall outwith its scope, and it is the aut...
Willie Coffey
SNP
Is there a case for trying to show people in advance the scope and nature of information that is accessible through FOI and perhaps what is not available?
Joe FitzPatrick
We could have a look at that. Given that this is our second order to extend the FOI regime, we should perhaps be doing some work on making sure that folk rea...
Andrew Gunn
It is largely up to the authorities to make the scope of FOI clear. Obviously anything that they can do in advance is beneficial but I note that one of the o...
Joe FitzPatrick
Andrew Gunn made an important point about information being proactively released. One of the unintended benefits of FOI legislation is that a lot of public a...
The Convener
SNP
As members have no further questions, we move to item 2, which is formal consideration of the motion that the instrument be approved. I invite the minister ...
The Convener
SNP
Thank you very much. I suspend the meeting briefly to allow the witnesses to leave. 10:15 Meeting suspended. 10:16 On resuming—