A Holyrood committee has expressed skepticism about a Freedom of Information (FOI) reform Bill introduced by Labour MSP Katy Clark. While acknowledging the need for updates to the FOI system, the Standards, Procedures, and Public Appointments Committee (SPPAC) has raised concerns about the Bill’s viability in practice.
The Bill, tabled in June 2025, proposes several key changes to the current FOI framework. It seeks to establish a presumption in favor of disclosure, requiring information to be proactively published instead of being released only upon request. It also aims to extend the scope of FOI laws to include more public bodies and remove the First Minister’s veto on certain disclosures.
Committee Raises Concerns
However, SPPAC, led by Labour MSP Martin Whitfield, believes that these changes may not be the best way forward. The committee’s report suggests that the proactive publication of information could be difficult to implement effectively. It also casts doubt on the feasibility of expanding the list of bodies covered by FOI laws, citing potential resource and financial strains on public bodies.
The committee recommends that instead of legislating for sweeping changes, efforts should focus on improving the culture and practices within public bodies. “Freedom of information is fundamental to public service in Scotland, but this Bill, in its current form, may not be the most practical solution,” Whitfield commented. He urged the Scottish Government to develop its own proposals for FOI reform.
In response, Katy Clark defended her Bill, pointing out that the committee had broadly supported the need for new legislation. She highlighted that the committee backed the introduction of proactive publication duties and the strengthening of the Information Commissioner’s powers. Clark also stressed the committee’s support for scrapping the First Minister’s veto, a point of contention due to its use in blocking the release of documents related to the Salmond affair.
Clark criticized the Scottish Government’s resistance to FOI reform, accusing it of obstructing efforts to improve transparency. “The refusal to release the Salmond papers highlights how outdated the current laws are,” she stated. “If the Scottish Government does not act now, it will be a betrayal of the public’s right to know.”
While the Scottish Government maintains that Scotland has the UK’s strongest FOI laws, it has acknowledged that reforms may be needed. A spokesperson indicated that consultations are underway to extend FOI laws to cover certain private and third-sector services, such as care homes.
The debate over FOI reform continues to raise questions about balancing transparency and the practical challenges of implementing these changes, with both the Scottish Government and the opposition offering differing views on the best way forward.
