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Chamber and committees

Official Report: search what was said in Parliament

The Official Report is a written record of public meetings of the Parliament and committees.  

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Dates of parliamentary sessions
  1. Session 1: 12 May 1999 to 31 March 2003
  2. Session 2: 7 May 2003 to 2 April 2007
  3. Session 3: 9 May 2007 to 22 March 2011
  4. Session 4: 11 May 2011 to 23 March 2016
  5. Session 5: 12 May 2016 to 4 May 2021
  6. Current session: 13 May 2021 to 17 December 2025
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Displaying 2081 contributions

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Standards, Procedures and Public Appointments Committee [Draft]

Freedom of Information Reform (Scotland) Bill: Stage 1

Meeting date: 27 November 2025

Martin Whitfield

That is very helpful.

I want to talk to the offences that have been suggested and considered. We have heard lots of different evidence about the matter, and you have mentioned that, although you would hope that a lot of those offences would never be used, the aim of the provisions is to change the culture. Do we need to create another offence just to change the culture and the approach to freedom of information?

Standards, Procedures and Public Appointments Committee [Draft]

Freedom of Information Reform (Scotland) Bill: Stage 1

Meeting date: 27 November 2025

Martin Whitfield

Are you comfortable with the unusual circumstance that the time for prosecution would run not from the event but from the start of the investigation? In essence, the three years for prosecution would not run from the destruction of documents but from the start of the investigation—unlike many offences, which are occasioned by the actual act. That might be inevitable because of the circumstances of the offence.

Standards, Procedures and Public Appointments Committee [Draft]

Freedom of Information Reform (Scotland) Bill: Stage 1

Meeting date: 27 November 2025

Martin Whitfield

Is that not the challenge, though? A reasonable person might think that it runs from the date on which something went into the shredder. However, if the facts did not come out until a few years later, and the time would then run from that investigation, it is my understanding of the—

Standards, Procedures and Public Appointments Committee [Draft]

Freedom of Information Reform (Scotland) Bill: Stage 1

Meeting date: 27 November 2025

Martin Whitfield

Let me ask the question differently, then. Is it the case that there is no intention for a retrospective criminal offence that would cover events that occurred before the commencement of the act, irrespective of the fact that the time for prosecution might run from the point of the start of an investigation?

Standards, Procedures and Public Appointments Committee [Draft]

Freedom of Information Reform (Scotland) Bill: Stage 1

Meeting date: 27 November 2025

Martin Whitfield

How long do you think a designation should take? I know that that is a really hard question to answer.

Standards, Procedures and Public Appointments Committee [Draft]

Freedom of Information Reform (Scotland) Bill: Stage 1

Meeting date: 27 November 2025

Martin Whitfield

You have specified that it would be an additional mechanism by which designation could happen, but do you also see it as an angel on the shoulder of the Government to ensure that it accelerates its own role in designation?

Standards, Procedures and Public Appointments Committee [Draft]

Freedom of Information Reform (Scotland) Bill: Stage 1

Meeting date: 27 November 2025

Martin Whitfield

Thank you, Katy. As the convener, I will grab the opportunity to kick off. You have already discussed the recommendations that came out of session 5, and you have talked about how all those who have held the Information Commissioner role have indicated shortcomings that they have identified. On a personal level, are you a bit disappointed that a member’s bill has been required to deal with the reform?

Standards, Procedures and Public Appointments Committee [Draft]

Freedom of Information Reform (Scotland) Bill: Stage 1

Meeting date: 27 November 2025

Martin Whitfield

We are at the tail end of the parliamentary session. You have pointed out some of the issues at evidence sessions that you have attended, but do you want to put on the record formally your concerns about the time that is left in the parliamentary session for your bill?

Standards, Procedures and Public Appointments Committee [Draft]

Freedom of Information Reform (Scotland) Bill: Stage 1

Meeting date: 27 November 2025

Martin Whitfield

I am glad to hear that. My final question is over the Scottish Government’s concern about the specific commencement of the act, because of the need for everyone to understand what might happen with regard to the new offence. Have you got any views about an extension to the commencement, or are you open to having discussions about the matter before stage 2?

Standards, Procedures and Public Appointments Committee [Draft]

Decision on Taking Business in Private

Meeting date: 27 November 2025

Martin Whitfield

Good morning. I welcome everyone to the 23rd meeting in 2025 of the Standards, Procedures and Public Appointments Committee. I have received apologies from Emma Roddick, and I welcome Rona Mackay, who is attending as her substitute.

Agenda items 4 and 5 relate to consideration of the recommendations of the Scottish Parliament gender-sensitive audit and to guidance on the code of conduct. Under agenda item 1, do we agree to consider items 4 and 5 in private?

Members indicated agreement.