Katy Clark MSP

The Freedom of Information Reform (Scotland) Bill, proposed by Scottish Labour MSP Katy Clark, aims to modernise FOI and extend designation to private and third sector bodies delivering public services.

It has been backed by the Campaign for Freedom of Information in Scotland (CFOIS), which says the existing law – introduced in 2002 – is “out of date”.

A consultation carried out by Ms Clark returned an overwhelmingly 75 per cent of respondents in favour of the bill, with 96 wide-ranging submissions from public bodies, business groups, councils, charities, trade unions and academics.

The Scottish government, which carried out its own consultation on FOI reforms earlier this year, has ruled out new legislation while committing to secondary reforms and further consultations.

Ms Clark said: “I am pleased to lodge my final proposal for a bill that will finally close loopholes, extend designation, introduce a statutory duty for bodies to proactively publish information, and make FOI fit for the modern day.

“When it comes to the public’s right to know, the principle to follow should be clear: public information should follow the public pound. After years of polling, committee reports and post-legislative scrutiny, the findings from my consultation demonstrate the wide public appetite for these aspirations to be realised.

“Ministers have thus far refused to commit to private or third sector designation, just vaguely commit to future consultations on particular sectors. That’s not good enough.

“I believe my bill is vital to ensuring this parliament progresses reforms that ensure our institutions meaningfully lives up to the highest standards of democracy, transparency and good governance.”

Commenting, Carole Ewart, director of the Campaign for Freedom of Information in Scotland (CFOIS), said: “There has been a catalogue of delays, dithering and avoidance over the last six years which have cumulatively weakened FOI rights.

“Finally, there is a real prospect that Scotland’s out-of-date law will be reformed to deliver robust rights, duties and enforcement powers which, underpinned by a culture of openness, provides the transparency needed to enable effective scrutiny and accountability.

“In 2024, CFOIS celebrates its 40th anniversary and we are delighted our focus will be on providing evidence-led submissions on the detail of legal reform at the Scottish Parliament.

“CFOIS looks forward to working with all political parties to explain, evidence and champion FOI reform as a tool to build community empowerment and promote FOI as a human right and a gateway to all our rights. Legal reform is also an opportunity to improve procedures so FOI rights are equally enjoyed.”