Scottish Churches Parliamentary Office, Edinburgh - Briefing Document Seventeen

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Parliamentary Officer:Rev Graham Blount
Phone:
0131 558 8137

Briefing Document No 17 - Page 1 of 4

Towards Freedom of Information?

The draft Freedom of Information Bill is a follow-up to the Executive consultation paper An Open Scotland, which appeared late in 1999 (see SCPO Briefing Paper 2/5). It is open for consultation responses until 25 May, and the Executive intend that the Bill be introduced to Parliament later this year.

The Bill is substantively similar to the proposals contained in An Open Scotland, and differences between the proposals and the draft Bill are outlined in Annex A of the consultation draft. While most commentators are focussing on praising the Bill as being superior to the Westminster legislation, there are still significant areas where improvements could be suggested. This briefing seeks to set out the principal aspects of the proposals, and to establish a context for response or discussion by the churches.

As in the original consultation document, there are positive aspects to the draft Bill, which should bring about a sea-change in attitudes to making information available. The Commissioner's Office which has been proposed is both powerful and accountable, and the overall change towards openness is extremely positive.

The proposals
1. The Bill will create a statutory right of access to information held by Scottish Public Authorities.
2. There will be an independent Scottish Information Commissioner, appointed by the Crown on the recommendation of the Scottish Parliament. The Commissioner will have wide powers, including powers to order the disclosure of information, and will also be responsible for the promotion and enforcement of the legislation.
3. Public authorities would be required to supply the information requested where it was reasonably practicable to do so, and the right of access is to be available to individuals, companies, or any other bodies whether from inside or outside Scotland. The legislation's impact is to be retrospective.
4. Requests for information are to be made in writing. If the description of the information requested is not sufficiently clear as to enable its location, there is to be a duty on the public authority to assist the applicant in clarifying his or her request.
5. Requests for information can be refused, but the authority must issue a refusal notice within 20 working days, and all applicants have the right to a review of such a refusal notice.
6. Public authorities will have a duty to publish information which would assist better understanding of their actions
7. The Bill will not cover the courts or judicial bodies, but will include the Parliament.