Meeting of the Parliament 17 February 2026 [Draft]
I fully agree with that.
The committee backed bringing companies that are jointly owned by the Scottish Government and other bodies into the scope of freedom of information law and recognised that the First Minister’s veto power is unnecessary. Of course, the First Minister has refused to rule out using the veto in relation to various current court cases. The committee recognised the benefit of other provisions in the bill, such as those on statutory freedom of information officers and greater enforcement powers for the Information Commissioner.
The bill includes provisions that were recommended by the Public Audit and Post-legislative Scrutiny Committee in the previous session of Parliament on a legal duty for proactive publication. That is in line with best international practice, was recommended by all four people who have held the post of Information Commissioner and is in accordance with codes of practice that are provided by the Information Commissioner.
The bill includes a new offence of destroying records with the intent to prevent disclosure before a freedom of information request is made. That provision mirrors existing offences that relate to the period after a freedom of information request has been made. That power is needed and is supported by the Information Commissioner, but it has a high test of criminal intent and would be used only in extreme cases.
The bill would also enable the Parliament’s committee system to act when the Scottish Government fails to do so. For example, that would mean that, if the Scottish Government failed to introduce proposals to extend freedom of information law to the whole care sector or, indeed, parts of it, or even one or two organisations, a committee could make proposals on that.
I look forward to hearing members’ contributions. I will address some of the other issues that are connected with the bill, such as that of costs, in my closing speech.
I move,
That the Parliament agrees to the general principles of the Freedom of Information Reform (Scotland) Bill.