Standards, Procedures and Public Appointments Committee 27 November 2025
I thank the committee for allowing me to appear today and for the work that you are undertaking to scrutinise this member’s bill. I also take the opportunity to thank all those who have engaged with the process: those who responded to both consultations, those who attended events, those who met me to discuss the bill and those who have taken part in the committee’s proceedings. In particular, I thank Carole Ewart, from the Campaign for Freedom of Information in Scotland, who has worked with me throughout the process, and the Scottish Information Commissioner and his office, who have worked with us on some of the details.
The bill attempts to bring together work that has been carried out over a number of parliamentary sessions and the recommendations of the four Scottish Information Commissioners who have been appointed since the Freedom of Information Act (Scotland) Act 2002 was enacted. The bill contains a set of specific technical proposals, which have considerable support; it also makes provision to give the Parliament a power through its committee system that could lead to a parliamentary vote to designate a body.
The Public Audit and Post-legislative Scrutiny Committee’s review of the 2002 act, which was conducted in the previous parliamentary session, made recommendations that are included in the bill, such as the introduction of a “pause the clock” mechanism and recommendations to ensure proactive disclosure in a more systematic and accessible format for the public.
Successive Information Commissioners have consistently recommended modernising the operation of FOISA, including expanding FOI coverage to more public functions, improving record keeping and information management, and enhancing the commissioner’s power to ensure compliance.
The bill is also a recognition that rights have been lost in many sectors due to outsourcing. My bill seeks to reflect on the practical recommendations that have been made, and we have attempted to respond to, and reflect in the bill’s provisions, the issues that have been raised by stakeholders during the process. I had a number of meetings with the former minister during the process.
Carole Ewart and I are happy to answer questions.