Scottish Government and Katy Clark MSP publish responses to Freedom of Information consultations
- Area of Work: Policy and Research
- Type: News Item
- Published: 8th December 2023
Both had consulted on proposals to reform the Freedom of Information Scotland Act earlier in 2023.
The Scottish Government and Katy Clark MSP have recently published their own responses following their respective consultations earlier in the year. The ALLIANCE had responded to both consultations, emphasising our support for the principle of Freedom of Information (FoI), whilst cautioning an overly broad blanket application to the third sector. We noted in particular the serious resource pressures on the sector, especially smaller organisations, and expressed a preference for contracting bodies to retain ultimate responsibility for managing FoI requests.
Following analysis of their consultation responses, the Scottish Government response confirms they do not intend on bringing forward new primary legislation to comprehensively amend the Freedom of Information Scotland Act (FoISA). However, they will consult on specific proposals to extend FoISA to private and third sector social care providers following the passage of the National Care Service Bill, whilst updating guidance relating to how public authorities should handle requests about services delivered by outsourcing partners.
Meanwhile, Katy Clark MSP has lodged the final proposal for her Freedom of Information Reform (Scotland) member’s bill, including a summary of consultation responses. In her commentary on the consultation, Clark recognised that concerns about FoISA extension were widely shared across the third sector, though noted that many of the organisations would not be covered by her proposals. In order to further progress her bill, Clark will now need to seek the support of at least 18 other MSPs from multiple political parties.
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