Meeting of the Parliament 21 June 2017
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 many concerns surrounding the Freedom of Information (Scotland) Act 2002 and the performance of this SNP Government. I reiterate the concern raised in Mr Findlay’s motion that the application of the act by ministers and officials is questionable at best and, at worst, implies a culture and practice of secrecy and cover-up, including through routinely avoiding sharing information, often by not recording or taking minutes of meetings that are attended by ministers or senior civil servants.
Speaking from experience, responses to freedom of information requests from the Scottish Government have been relatively poor—I am sure that many members across this chamber will agree. Labour supports the calls for an independent inquiry into the way that the Government deals with FOI requests, with the potential to undertake post-legislative scrutiny of the 2002 act.
In the interests of open government and, in particular, full transparency of government, I hope the Government can recognise today that it can do more when dealing with such requests under the act. The Government amendment in the name of Joe Fitzpatrick, which accepts the motion recognising that the Scottish Government has performed poorly in this area, is welcome, as is the Government’s commitment to publish all material released under FOI. However, I say to Mr Fitzpatrick that he is stretching the imagination to then claim that that is a boost to open government. He misses the point, and most fair-minded people will see through that for what it is.
There are many issues that must be addressed before we can seriously claim any boost to open government. As Neil Findlay pointed out in the chamber last week, just two weeks ago 23 prominent journalists signed an open letter to this Parliament in which they raised serious concerns about freedom of information requests and the way they are being mishandled by the SNP Government. When outlining the details of the complaints from the 23 journalists, Mr Findlay called for a proper investigation into the issues raised. That is why Labour will support the motion today.
As well as considering how FOI requests are dealt with, the inquiry must also examine the level of information that is available. How can it be that Government ministers meet with quango chiefs, business chiefs and lobbyists to discuss issues that have major implications for the people of Scotland, yet no record is kept of those meetings? That is not right, and this Parliament must make it clear that we expect openness and transparency in government.
It has also been suggested that Scottish Government officials and special advisers are delaying answers or simply rejecting questions. The whole point of the freedom of information legislation should surely be to allow more openness and further transparency. It is not up to Government ministers, officials or special advisers to decide whether to disclose something, based on whether doing so would be in the Government’s interests.
We also cannot ignore the fact that, at times, the responses to FOI requests seem more like they are dodging the questions than providing the answers. At its heart, freedom of information is about accountability, and this Government must recognise that, across this chamber and outwith this place, there is a cry for further accountability, openness and transparency.
By committing to an independent inquiry, the Government will show that it is committed to reviewing some of the damage it has done to the open and transparent image it says it is committed to.
Most importantly, there now needs to be a change in the culture of how FOI requests are dealt with. The Government and this Parliament can show that we want openness and transparency in all that we do by supporting the motion today and by supporting the SNP Government’s amendment, which acknowledges its weaknesses and commits itself to addressing them.
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