Committee
Standards, Procedures and Public Appointments Committee 27 November 2025
27 Nov 2025 · S6 · Standards, Procedures and Public Appointments Committee
Item of business
Freedom of Information Reform (Scotland) Bill: Stage 1
That is a bigger question. Why Governments do not always act as quickly as they could is not a party-political question. I suppose that they listen to stakeholders from all sides and always face pressures not to act as well as pressures to act. It is difficult to explain why decisions are taken not to act, but I presume that it is because matters are complex.
You have heard evidence about stock transfers. When council houses moved to housing associations and other bodies, there was a loss of rights and it took 13 years for those to be brought back. There has been a loss of rights in many sectors, such as when there was outsourcing in the justice sector—there is no sign of those services coming back to being run by the Scottish Government. Rights have been lost and political decisions have not been made to maintain those after services have been transferred.
As you have heard in evidence, ScotRail is now back in public ownership, because of which we have FOI rights again. Designation does not seem to have been significantly onerous for that body. The housing associations and other bodies that are now required to comply with the legislation receive only a relatively small number of requests.
In the same item of business
The Convener
Lab
Agenda item 2 is an evidence-taking session on the Freedom of Information Reform (Scotland) Bill. I welcome Katy Clark, the member in charge of the bill. She...
Katy Clark (West Scotland) (Lab)
Lab
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...
The Convener
Lab
Thank you, Katy. As the convener, I will grab the opportunity to kick off. You have already discussed the recommendations that came out of session 5, and you...
Katy Clark
Lab
Yes. The bill was taken forward as a result of frustration with the Government’s failure to act. After a great deal of lobbying to try to get the Government ...
The Convener
Lab
We are at the tail end of the parliamentary session. You have pointed out some of the issues at evidence sessions that you have attended, but do you want to ...
Katy Clark
Lab
I am concerned. The bill is in the same position as a number of members’ bills. That is not the fault of any individual member; unfortunately, the Parliament...
The Convener
Lab
The Scottish Government has identified a number of issues: the duty to publish, the creation of an offence and the resourcing implications. It is concerned a...
Katy Clark
Lab
I will focus on the issues that you specifically mentioned. People have argued, over many years, for proactive publication, and it has been recommended by ...
The Convener
Lab
That is helpful. Let us turn to the financial memorandum and the duty to publish. As you have articulated, including just now, the duty to publish is a ref...
Katy Clark
Lab
The policy intention behind the bill is not to add costs. As you will be aware, the 2002 act does not require anybody to create any new information; the requ...
The Convener
Lab
In your introduction, you made the point that this is actually a technical bill rather than a bill that covers massively new ground. You have said that the f...
Katy Clark
Lab
A large part of the cost of the bill will lie with the Information Commissioner. That has been fully costed, because the commissioner will be the main driver...
The Convener
Lab
That, in essence, would also be your thesis in response to the point that new designations would cost money. When there is a new designation, much of the wor...
Katy Clark
Lab
The only new designations that would automatically take place as a result of the bill would be those under section 3, on publicly owned companies. People can...
The Convener
Lab
That is very helpful. 09:15
Ruth Maguire (Cunninghame South) (SNP)
SNP
Good morning. I will ask about access to information that is held by public authorities and further powers to designate Scottish public authorities. On the p...
Katy Clark
Lab
You are absolutely correct that the existing legislation requires that. Indeed, international law requires it, but the reality is that the system is not work...
Ruth Maguire
SNP
You have described your approach to further powers to designate Scottish public authorities as proportionate. Respondents to our call for evidence and witnes...
Katy Clark
Lab
We hope that, if the bill is enacted, the Scottish Government will deal with those matters more speedily and that designation will speed up. We even hope tha...
Carole Ewart (Campaign for Freedom of Information in Scotland)
I will add some information to that answer. Presumption in favour of openness must be emphasised, because what has been happening is unsatisfactory. The stat...
The Convener
Lab
I apologise for interrupting you, Carole. I am conscious of the time, because we have a lot to get through. The session is for the member. A substantial amou...
Carole Ewart
That is helpful.
Ruth Maguire
SNP
What is your assessment of the root cause of the delays in using section 5, and can you speak to how your bill would address those?
Katy Clark
Lab
That is a bigger question. Why Governments do not always act as quickly as they could is not a party-political question. I suppose that they listen to stakeh...
Ruth Maguire
SNP
Why does there need to be a statutory obligation to formally consider proposals that are made by the Scottish Information Commissioner?
Katy Clark
Lab
It would strengthen the commissioner’s position and help to drive the bill’s intention, which is to ensure transparency, accountability and openness. Part of...
Ruth Maguire
SNP
You spoke a little about parliamentary committees potentially being able to designate bodies as public authorities. You have covered why you think that their...
Katy Clark
Lab
In general, it would be a matter for committees themselves, but including the detail in the standing orders could be an option. It is the transparency of the...
Ruth Maguire
SNP
Thank you. It is helpful to get that on the record.
The Convener
Lab
How long do you think a designation should take? I know that that is a really hard question to answer.