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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 5 May 2021
  6. Current session: 12 May 2021 to 23 June 2025
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Displaying 1744 contributions

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Standards, Procedures and Public Appointments Committee

Scottish Information Commissioner

Meeting date: 22 February 2024

Martin Whitfield

Yes—the question is whether there should or should not be such a post.

Standards, Procedures and Public Appointments Committee

Scottish Information Commissioner

Meeting date: 22 February 2024

Martin Whitfield

Thank you, David. Before I leap in, I put on record my and the committee’s thanks to your predecessor, Daren Fitzhenry, who was the principal author of the annual report. It is interesting that, in his opening remarks in the annual report, he commented:

“It has been a privilege as well as a pleasure to be at the helm over the past six years, and particularly to work with such an excellent team.”

The team obviously has its commissioners very well trained, but that reflects your role as the head of a team, so I thank Daren for the help and assistance that he gave to the committee, his openness towards us and, more importantly, his role as Scottish Information Commissioner over the previous period.

David, you set out your reflections on your first few weeks in the role. We will obviously explore your view of where freedom of information is in Scotland. It is based on a platform that is in a good place, but we seek improvement. You mentioned your four-year strategic plan, which is due to be laid this year, but you also mentioned revisiting it next year. Do you intend to extend it beyond 2028 to 2029, or will you consider a three-year plan once you have a better understanding of the situation and have had the opportunity to input your priorities?

Standards, Procedures and Public Appointments Committee

Scottish Information Commissioner

Meeting date: 22 February 2024

Martin Whitfield

That is helpful—thank you. I am now going to throw you at the mercy of the committee.

Standards, Procedures and Public Appointments Committee

Scottish Information Commissioner

Meeting date: 22 February 2024

Martin Whitfield

It would be helpful to address—I will add the word “carefully”—the intervention with regard to the Scottish Government. I am aware that you sent a letter on 7 February, in which you sought additional information. We are still within the period for that information to be provided—I think that it expires next Thursday or Friday. At this stage, you do not have the relevant information. Have you received any confirmation that the information can be provided by your requested date, or are you worried that it might not appear?

Standards, Procedures and Public Appointments Committee

Scottish Information Commissioner

Meeting date: 22 February 2024

Martin Whitfield

Clearly, the question of legislation is something that we will return to.

I thank you, David, and your staff for coming to the meeting this morning. You have survived it, and we will, no doubt, see you again. If you would like to add anything, please feel free to write to the clerks in the normal way.

I now close the public part of the meeting.

10:58 Meeting continued in private until 11:18.  

Standards, Procedures and Public Appointments Committee

Decision on Taking Business in Private

Meeting date: 22 February 2024

Martin Whitfield

I am grateful.

Standards, Procedures and Public Appointments Committee

Scottish Information Commissioner

Meeting date: 22 February 2024

Martin Whitfield

You are monitoring the response rate, which is what the target is for, and SEPA’s rate is above that. You have talked about the access to information regime. Are you satisfied that that is as far along the pathway as it should be?

Standards, Procedures and Public Appointments Committee

Scottish Information Commissioner

Meeting date: 22 February 2024

Martin Whitfield

That is helpful.

In relation to intervention activity, the report outlines concerns that your ability to intervene has been restricted because of resources and so on. Can you give the committee a short explanation of how those concerns came about? It is probably more important to emphasise that you want your intervention capacity to be back to where you would hope it to be.

Standards, Procedures and Public Appointments Committee

Scottish Information Commissioner

Meeting date: 22 February 2024

Martin Whitfield

My point is that a level 4 intervention is highly unusual. Do local authorities realise the significance and importance of a level 4 intervention? Following your generic experience of level 4 interventions, are you able to say to local authorities, “Watch out, but we are here to support you, not to punish you”?

Standards, Procedures and Public Appointments Committee

Scottish Information Commissioner

Meeting date: 22 February 2024

Martin Whitfield

My final question on the issue is aimed at David Hamilton. In a sense, the approach to initiating new interventions has changed substantially in the past 16 weeks. I want to give you the opportunity to discuss the concept of being proactive about information becoming available, rather than reactive, following a request that is put in, usually from a member of the public. Is there a change in approach or is it just a response to circumstances that you have become aware of?