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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 20 December 2025
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Displaying 2084 contributions

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Standards, Procedures and Public Appointments Committee [Draft]

Freedom of Information Reform (Scotland) Bill: Stage 1

Meeting date: 20 November 2025

Martin Whitfield

So, the public can be confident that not starting the time until some future date is because the level that is needed to prove a potential offence is so high that it will be used only when something has been put beyond the reach of the public deliberately, with the intent of preventing the public from seeing it. The public can take confidence in having a more elongated timescale, if I can put it that way.

Standards, Procedures and Public Appointments Committee [Draft]

Freedom of Information Reform (Scotland) Bill: Stage 1

Meeting date: 20 November 2025

Martin Whitfield

Good. My final question is about the 12 months until royal assent, should the bill be passed. Do you have any views about the code of practice on proactive publication in that time?

Standards, Procedures and Public Appointments Committee [Draft]

Freedom of Information Reform (Scotland) Bill: Stage 1

Meeting date: 20 November 2025

Martin Whitfield

Therefore, the Scottish Government鈥檚 concern is not that the Parliament is an unusual vehicle but that the Scottish Government鈥檚 wider interest in FOI鈥攜ou have talked about cross-policy input鈥攊s so great that designation should not sit with the Parliament. Should the process stay in place, so that the Parliament is involved only in iterations of updating?

Standards, Procedures and Public Appointments Committee [Draft]

Freedom of Information Reform (Scotland) Bill: Stage 1

Meeting date: 20 November 2025

Martin Whitfield

Sue, can I bring you in?

Standards, Procedures and Public Appointments Committee [Draft]

Freedom of Information Reform (Scotland) Bill: Stage 1

Meeting date: 20 November 2025

Martin Whitfield

No problem鈥攖hat is excellent. I call Rona Mackay.

Standards, Procedures and Public Appointments Committee [Draft]

Freedom of Information Reform (Scotland) Bill: Stage 1

Meeting date: 20 November 2025

Martin Whitfield

Yes.

Standards, Procedures and Public Appointments Committee [Draft]

Freedom of Information Reform (Scotland) Bill: Stage 1

Meeting date: 20 November 2025

Martin Whitfield

So, it is not a cultural stance that proactive publication is wrong, and the reality of understanding what is鈥攁nd possibly more important, what is not鈥攃overed by the term may move the Government鈥檚 stance.

Standards, Procedures and Public Appointments Committee [Draft]

Freedom of Information Reform (Scotland) Bill: Stage 1

Meeting date: 20 November 2025

Martin Whitfield

Can I clarify that? It is not the only protection that would prevent disclosure of information. In effect, the First Minister鈥檚 veto is the last of a number of walls that have to be gone through or over鈥攈owever we want to describe it. It is the last step of the Scottish Government, which is represented, along with the law officers, by the First Minister taking the decision, and my understanding is that reference then needs to be made to previous barriers that could have prevented the publication. The power has never been used, and it is an outlier on the international stage.

Standards, Procedures and Public Appointments Committee [Draft]

Freedom of Information Reform (Scotland) Bill: Stage 1

Meeting date: 20 November 2025

Martin Whitfield

You are confident that the definition of freedom of information that we have had over the past 20 years is sufficiently robust and is at such a level that we can still rely on our top-level understanding of what we mean by it. What will change is the technology that gives access to it. Would it be fair to say that?

Standards, Procedures and Public Appointments Committee [Draft]

Freedom of Information Reform (Scotland) Bill: Stage 1

Meeting date: 20 November 2025

Martin Whitfield

Interestingly, the Government鈥檚 proposal was to make such lobbying of parliamentary interest under the 2016 act.