Holyrood Committee Voices Skepticism Over FOI Reform Legislation
The Standards, Procedures, and Public Appointments Committee at Holyrood has expressed serious reservations about whether a proposed Freedom of Information reform Bill will function effectively in real-world scenarios. The committee's report indicates substantial doubts regarding the practical implementation of the legislation put forward by Scottish Labour MSP Katy Clark.
Legislative Proposal and Committee Concerns
The Freedom of Information Reform (Scotland) Bill was formally lodged by West Scotland MSP Katy Clark in June 2025. This legislative proposal seeks to overhaul existing FOI frameworks by establishing a presumption in favour of disclosure and mandating proactive publication of information rather than reactive responses to requests. Additionally, the Bill aims to expand the scope of FOI coverage to include more public bodies while simultaneously removing the First Minister's authority to block specific decisions.
However, the SPPAC committee has articulated multiple concerns about the proposed legislation. Committee members question whether the MSP's Bill represents the most appropriate pathway for updating Scotland's FOI system, citing particular worries about how the suggested measures would operate in practice. The committee's report highlights apprehensions regarding the financial implications and resource requirements that public bodies would face under the new framework.
Committee Recommendations and Alternative Approaches
MSPs serving on the committee have advocated for the Scottish Government to develop and present its own comprehensive proposals for FOI reform. The committee's assessment suggests that legislating for automatic information disclosure by default may be unnecessary, proposing instead that efforts should concentrate on enhancing cultural attitudes and practical implementation within public organisations.
The report further questions whether proactive information publication would function effectively in reality and expresses skepticism about the proposed expansion of FOI coverage to additional public bodies. Committee convener Martin Whitfield, a Labour MSP, emphasised that while FOI represents a fundamental component of public service delivery in Scotland, and while Katy Clark's work has clearly demonstrated the necessity for legal updates, the committee remains unconvinced that this specific Bill represents the correct approach in its current formulation.
Political Responses and Government Position
Katy Clark responded to the committee's findings by referencing the controversial refusal to release the Salmond papers as evidence that Scotland's current FOI legislation requires strengthening. She noted that despite the committee's reservations about certain aspects, there appears to be general acceptance that new legislation is necessary. Clark highlighted committee support for key elements including the proactive publication duty, enhanced powers for the information commissioner, and elimination of the First Minister's veto power.
The MSP criticised what she described as the SNP government's resistance to cross-party collaboration on FOI extension and called for abandonment of what she termed a "disastrous approach" in light of both the committee's findings and public concern over information accessibility.
A Scottish Government spokesperson reaffirmed commitment to effective FOI implementation while noting ongoing consultation regarding extension to private and third-sector care services. The spokesperson maintained that Scotland possesses the strongest FOI legislation within the UK and expressed openness to discussions about future developments in this legislative area.
