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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 17 August 2025
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Displaying 2049 contributions

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Standards, Procedures and Public Appointments Committee

Scottish Information Commissioner

Meeting date: 23 March 2023

Bob Doris

I do not want to misinterpret what you are saying, commissioner, but it is almost as though you are saying that the Government and the Parliament should take a considered and almost incremental view of how we can extend FOI on a sector-by-sector basis by considering the implications, getting the balance right in each sector, and implementing changes accordingly rather than looking at everything all at once and trying to legislate in haste. We have to consider the evidence that we have heard this morning, and I do not want to misinterpret or analyse incorrectly the points that you are making.

Standards, Procedures and Public Appointments Committee

Scottish Information Commissioner

Meeting date: 23 March 2023

Bob Doris

We are not trying to get rid of you early. [Laughter.] Mr Mountain was suggesting that this is your last day; I was not doing that.

There are other transitions. The Scottish Government has been consulting on changes to freedom of information. A number of changes have been suggested—for example, a change to the number of organisations that are subject to FOI; a change to the use of section 5 of the Freedom of Information (Scotland) Act 2002 to add bodies to the list; and the introduction of a gateway clause by which third party organisations that fulfil public functions and currently avoid FOI could be brought into its gambit. There are quite a lot of potential changes. I understand that an update to the section 60 code of practice to provide guidance for informal communications such as those on WhatsApp and whether those should be subject to FOI—what I might refer to as the “Hancock clause”—is also potentially within the scope of the changes.

Quite a lot is within the scope of the consultation. I am not necessarily trying to draw you on your views on those things, commissioner, but did the Government get the scope of the consultation just about right? Do you have any other reflections, not on the Hancock clause in particular, but more generally?

Standards, Procedures and Public Appointments Committee

Scottish Information Commissioner

Meeting date: 23 March 2023

Bob Doris

Thank you for your evidence so far, which has been really helpful.

At the start of your contribution, you mentioned that we are going through a period of change. At some point, you will demit office, and we wish you well for the future when you are no longer in office. It is a day for changes.

Standards, Procedures and Public Appointments Committee

Scottish Information Commissioner

Meeting date: 23 March 2023

Bob Doris

Commissioner, before you move on to the rest of the potential scope of consultation or, indeed, legislation, I will ask about the section 60 code of practice, although I have to admit that I am no expert on it. Maybe I will read it out, because it is in front of me, but I now know that it exists. Is there a need for greater clarity?

Referring to the “Hancock clause” was a glib comment. I have no desire in the slightest to defend Matt Hancock, but I will make a serious point. I can imagine people who are in positions of power wanting to communicate quickly and freely with a range of officials and stakeholders in very short and condensed formats, just for speed. They need to be really careful about what they put on those platforms, because not everything is captured in a text or an abridged WhatsApp message. It is not just about having shining, absolute transparency about what people in power are really thinking; it is also about making sure that people who are in power are very clear about expectations. With that caveat, do we need clarity? Does that code, which I now know exists, need to be clarified or updated?

Standards, Procedures and Public Appointments Committee

Scottish Information Commissioner

Meeting date: 23 March 2023

Bob Doris

That is helpful. I apologise for cutting you off in full flow. You were going to talk about the rest of the scope of the consultation.

10:45  

Education, Children and Young People Committee

Children (Care and Justice) (Scotland) Bill: Stage 1

Meeting date: 22 March 2023

Bob Doris

Just to push you on that, are you both saying that a referral can still happen but that a person has to have had direct interaction with the court system before they are sent back to the reporter? Otherwise, I am reading something very different on the Scottish Government’s website.

Education, Children and Young People Committee

Children (Care and Justice) (Scotland) Bill: Stage 1

Meeting date: 22 March 2023

Bob Doris

Okay. Do the other witnesses want to reflect on that aspect? As Claire Dobson mentioned earlier, we need to ensure that the bill’s provisions do not have wider resource implications. Has Police Scotland done work on additional officer time? You have given us a per case example, but have you done any modelling work on that, which you could share with us either today or at a later date?

Education, Children and Young People Committee

Children (Care and Justice) (Scotland) Bill: Stage 1

Meeting date: 22 March 2023

Bob Doris

Can I check whether the Lord Advocate’s guidance will be updated?

Education, Children and Young People Committee

Children (Care and Justice) (Scotland) Bill: Stage 1

Meeting date: 22 March 2023

Bob Doris

I have just a couple of questions to finish what has been quite a lengthy evidence session. Our briefing papers suggest that the bill’s provisions might have an impact on Police Scotland’s reporting jointly to the procurator fiscal and the principal reporter offences committed by children. I am keen to understand how that process operates currently and how it might have to be adapted in the light of the changes to the definition of “child” that the bill proposes.

Perhaps Claire Dobson is best placed to answer that question in relation to Police Scotland’s reporting requirements.

Education, Children and Young People Committee

Children (Care and Justice) (Scotland) Bill: Stage 1

Meeting date: 22 March 2023

Bob Doris

No, not on that.