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Chamber

Meeting of the Parliament 21 June 2017

21 Jun 2017 · S5 · Meeting of the Parliament
Item of business
Freedom of Information Requests
Mountain, Edward Con Highlands and Islands Watch on SPTV

I am delighted to bring to the chamber this motion on freedom of information and at the outset I move the motion in my name.

I started campaigning to become an MSP in 2010, and one of my reasons for doing so was that, like many others in the chamber and across Scotland, I felt that politicians seemed remote, unapproachable and secretive. Countering those traits remains one of my key drivers, and that is what the debate is all about.

On Tuesday 13 June, there was a members’ business debate on freedom of information. In the lead-up to that debate, I did some research on the topic that I was to speak on, and I was shocked. When I spoke in the debate, I found that I was sharing a platform with Neil Findlay and Andy Wightman. Although I share little political ground with them, it became clear as the debate progressed that we have a lot in common when it comes to the transparency of government.

The critical freedom of information laws and procedures in Scotland are based on the Freedom of Information (Scotland) Act 2002 and the Environmental Information (Scotland) Regulations 2004, both of which were introduced to improve Government transparency and set the aim of having strong standards. However, we have heard from journalists across the political spectrum that they have serious concerns about the Scottish Government’s interpretation and implementation of the legislation.

I do not always believe what journalists write, but in this case there is no smoke without fire. We have heard about their concerns regarding freedom of information requests, and some of the issues that they raise include delays

“beyond the 20 working day deadline”,

emails requesting updates

“being routinely ignored ... officials delaying responses for so long that the initial requests only get answered under internal review”

and

“Scottish government officials taking control of requests to other government agencies without the consent of the applicant”.

I could go on.

In the same item of business

The Deputy Presiding Officer (Linda Fabiani) SNP
The next item of business is a debate on motion S5M-06126, in the name of Edward Mountain, on freedom of information requests. 14:41
Edward Mountain (Highlands and Islands) (Con) Con
I am delighted to bring to the chamber this motion on freedom of information and at the outset I move the motion in my name. I started campaigning to becom...
The Minister for Parliamentary Business (Joe FitzPatrick) SNP
Would the member like to comment on the article entitled “FOI failings at the heart of government”, which was published on the BBC’s website earlier this wee...
Edward Mountain Con
I love taking such interventions, because they remind me of when I was about eight years old and I was in the playground. If I got criticised for doing somet...
Neil Findlay (Lothian) (Lab) Lab
Will the member take an intervention?
Edward Mountain Con
I am short of time, so unless I am—
The Deputy Presiding Officer SNP
I can give you half a minute extra.
Edward Mountain Con
Thank you.
Neil Findlay Lab
Does the member think that there is a correlation between garbage parliamentary answers and the spike in FOI requests?
Edward Mountain Con
Yes. It is clear that the Government is truly good at spin, but it is not good at listening and telling the whole story. That spin was evident yesterday whe...
The Deputy Presiding Officer SNP
Please move the motion, Mr Mountain.
Edward Mountain Con
I am sorry; I thought that I moved it at the beginning of my speech.
The Deputy Presiding Officer SNP
I do not think that you did, but members are nodding, so I shall check the Official Report. It is not a problem if you move the motion twice.
Edward Mountain Con
I would never disagree with the Presiding Officer. I move, That the Parliament condemns the Scottish Government’s poor performance in responding to freedom...
The Deputy Presiding Officer SNP
I call Joe FitzPatrick to speak to and move amendment S5M-06126.1. 14:50
The Minister for Parliamentary Business (Joe FitzPatrick) SNP
I thank Mr Mountain for giving us the opportunity to discuss how we might improve openness and transparency. First I want to address our performance. Twelve...
Neil Findlay Lab
A week ago, the minister claimed that he wanted to highlight the Government’s achievements on transparency, saying that the Government operated to the highes...
Joe FitzPatrick SNP
If Mr Findlay had bothered to listen to anything that I said last week, he would have heard me making the point. We are clear that our performance is not wha...
Tavish Scott (Shetland Islands) (LD) LD
I am grateful to the minister for giving way on the point about responding to the concerns expressed in the journalists’ letter earlier this month. One of th...
Joe FitzPatrick SNP
No. Requests are all prepared by Scottish Government officials. Special advisers have a role in assessing draft responses for accuracy. Laughter. As discus...
The Deputy Presiding Officer SNP
The minister is concluding.
Joe FitzPatrick SNP
The Freedom of Information (Amendment) Scotland Act 2013 improved the legislation by strengthening the ability to prosecute for an offence under the Freedom ...
Alex Rowley (Mid Scotland and Fife) (Lab) Lab
I welcome the opportunity to speak in today’s debate, following the motion that was raised for debate last week by Neil Findlay, who highlighted some of the ...
Jamie Greene (West Scotland) (Con) Con
Today marks the third time in as many weeks that we are discussing the Scottish Government’s issue with transparency. We bring to the chamber today not just ...
Clare Adamson (Motherwell and Wishaw) (SNP) SNP
Did the member say “Westminster”?
Jamie Greene Con
Is that an intervention? I shall carry on. Interruption. Did I hear the words “UK Government” or “Westminster”? I am sure that that will be the excuse, as al...
Stewart Stevenson (Banffshire and Buchan Coast) (SNP) SNP
I start by welcoming the Government’s announcement, which takes the public accessibility and availability of information relating to FOI requests—information...
Johann Lamont (Glasgow) (Lab) Lab
Will the member take an intervention?
Stewart Stevenson SNP
I will, if it is brief.
Johann Lamont Lab
It will be brief. Does the member accept that people are being driven to use FOI because of the very poor quality of written answers that we get in this Parl...