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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]

The Minister for Parliamentary Business (Joe FitzPatrick) Watch on SPTV

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 of information legislation, which has been widely recognised as effectively promoting openness, transparency and accountability. The order proposes to extend freedom of information to a range of organisations: private prison contractors; providers of secure accommodation for children and young people; grant-aided schools; independent special schools; and Scottish Health Innovations. Those bodies undertake a range of key public functions including those relating to security, education, care and health, and bringing them within the scope of the freedom of information regime will increase the public’s information rights. Once the order comes into effect, the public will have the right to ask those bodies for information under the Freedom of Information (Scotland) Act 2002 and the Environmental Information (Scotland) Regulations 2004. The first order made in Scotland under section 5 of the 2002 act brought within the scope of the FOI regime a wide range of arm’s-length organisations that were established by local authorities to provide leisure, sporting and cultural services. Evidence from the Scottish Information Commissioner that was presented in her special report to Parliament last year showed that, for most arm’s-length bodies, request levels stayed the same. The report also found that becoming subject to FOI legislation had not made responding to information requests more or less difficult for the affected bodies. However, the report also noted the importance of allowing adequate time to prepare for designation. As with any new regulation, it is clearly important to be prepared for its impact from day 1. With that in mind, I am sympathetic towards those responses, particularly from the affected bodies, that ask for a delay in commencing the order, and it is now proposed that the order come into effect on 1 September this year rather than 1 April. Moreover, consultation will shortly get under way on regulations to amend the time allowed for some bodies to respond to information requests. That is designed to accommodate the closure of schools during holiday periods. I thank the Scottish Information Commissioner for her commitment in offering to support over the coming months those organisations that are now proposed for inclusion. Once the order comes into force, we and the commissioner will be closely monitoring its impact to inform proposals for and the preparation of future orders. I know that some, including those who responded to the most recent consultation, are not satisfied with the rate of progress in extending coverage, but I believe that the direction of travel is now clear. Indeed, I have already announced the intention to consult on a further order later this year, with the intention of extending the FOI regime to registered social landlords. Separately, officials will consider other options for further designating more bodies, including some suggestions that were made in the recent consultation exercise. I ask the committee to support the motion.