Not everyone is bad at delivering FOISA with some really good practice out there, says Carole Ewart of the Campaign for Freedom of Information in Scotland.

She points to the Get It Minuted campaign which she believes will provide information on where minutes are no longer taken when they used to be.

The Scottish Information Commissioner explains the keeping of minutes does not fall squarely within his remit so whether legislation could be added to FOISA or whether new legislation would be required is unclear.

Tommy Kane wonders if not keeping minutes of minutes is consistent with the Scottish government's policy to create and capture accurate, authentic and reliable records.

Image source, Getty Images

Tommy Kane says there could be a two-tier system instigated by public authorities, with people seen as problematic being blocked and their request being circumvented.

Scottish Information Commissioner Daren Fitzhenry says over the years FOI has become viewed with less suspicion.

Mr Fitzhenry says in certain circumstances organisations won't play with a straight bat.

Scottish Information Commissioner Daren Fitzhenry says there is "no doubt" the FOI system has brought about positive change.

Public awareness of the right to information is high and public authorities report receiving around 75,000 requests in the last year, he says.

Appeal rates are low, around 1% of requests, the Commissioner adds.

Mr Fitzhenry argues the system is working but recognises it is not perfect.

He welcomes a full review, adding that if a response is not made to criticisms the system will get worse.

Mr Fitzhenry highlights the difference between criticisms of the FOI system itself and compliance to the legislation.

It may be worth considering whether the tools we have to deal with criticism of the Scottish government are the correct tools, he adds.

Image source, PA

Nicola Sturgeon has been questioned at Holyrood on the Scottish government's handling of freedom of information (FOI) requests from journalists.

It follows claims that information is being withheld on political grounds by government ministers and special advisers.

The allegations are being examined by the country's information watchdog.

But Ms Sturgeon said the way the government deals with FOI requests was "entirely appropriate".

The issue was raised at first minister's questions by Labour's Rhoda Grant after journalist James McEnaney said documents were removed from an FOI release at the request of Deputy First Minister John Swinney and his special adviser, external.

Read more here.

Mr Gray says there seems to be more of a problem now than in the early years of FOISA.

Tommy Kane (political advisor to Jeremy Corbyn MP but participating in a personal capacity) says as a researcher he has received great stuff back from an FOI.

So on occasion it does work, he says.

Image source, nnv

Mr Kane says there are increasing concerns that it is not working, however.

There are concerns now that the Scottish government and other public bodies are circumventing FOIs through delays and costs.

The Scottish government are no no longer taking minutes of meetings he says.

FOIs are not just for "technocratic geeks", but matter to all of us, he says.

Image source, Getty Images

Journalists from across Scotland's media have signed an open letter, external raising concerns about the way the Scottish government handles freedom of information (FoI) requests.

It accuses the government of failing to keep records of information that should be available.

And it claims that FoI requests are often screened by special advisers for any potential political damage.

The government said Scotland has the most open FoI laws in the UK.

But it said the "increasing volume and complexity" of some requests can prove time consuming, and has the potential to "seriously impact on the work of government".

Read more.

Labour MSP Iain Gray notes that previously criticisms focused on the scope of the legislation but more recently concerns have been raised about compliance with the current Act.

Caroline Ewart says there are issues around practice of the Act and punishment for non-compliance.

There should be more pro-active publication of information to promote a more transparent culture, she argues.

Image source, bbc

Ruchir Shah from the Scottish Council for Voluntary Organisations says robust and open FOI system is crucial for democracy.

Carole Ewart from the Campaign for Freedom of Information Scotland welcomes the opportunity to give evidence in public

Ms Ewart agrees with Mr Shah that she thought an inquiry would have been launched into post legislative scrutiny already.

She highlights failings witth FOISA (Freedom of Information Scotland Act) and it's enactment.

The debate on FOISA has been to insular and a more exansive global view should be undetaken.

Image source, Campaign for Freedom of Information in Scotland

The Campaign for Freedom of Information in Scotland published a report last June on how FOI legislation was functioning in Scotland.

It made three recommendations:

1. The Scottish Parliament’s post legislative review of FoISA should begin immediately and should adopt a remit which includes: investigation into the culture, law and practice of delivering access to information rights in Scotland; agree to secure a top 10 ‘RTI’ rating for FoISA; draw on international best practice and agree proposals to make FoI rights more effective; set out the steps to comply with human rights law.
2. The Commission on Parliamentary Reform’s report should inform this Inquiry. For example, on the need to better integrate human rights into the work of the Parliament.
3. The Scottish Public Information Forum (SPIF) should be funded and supported by the Scottish Parliament to fulfill its original remit to enable engagement between and with stakeholders.

Committee deputy convener Liam Kerr kicks off with a question on the effectiveness of the Act.

Ruchir Shah of the SCVO raises growing concerns around the use of FOI by public authorities - in particular but not exclusively the Scottish government.

There are concerns that the secrecy in the government will undermine its reputation as a leader in transparency, he explains.

There's been a lot of buck passing since last June when journalists raised concerns, Mr Shah says.

Image source, Scottish Information Commissioner

Concerns raised by journalists about the Scottish government's handling of freedom of information requests are being probed by the information watchdog.

MSPs unanimously condemned the government's performance on the topic and called for an independent inquiry.

Scottish Information Commissioner Daren Fitzhenry wrote to ministers to discuss the terms of an "intervention".

Ministers have accepted that their performance has "not been good enough" and have pledged to make improvements.

Read more.

The Public Audit and Post-legislative Scrutiny Committee deputy convener Liam Kerr asks the following witnesses to join MSPs in introducing themselves.....

• Ruchir Shah from the Scottish Council for Voluntary Organisations, external
• Robin McAlpine of Common Weal, external
• Carole Ewart from the Campaign for Freedom of Information Scotland, external

Image source, bbc

• Tommy Kane (political advisor to Jeremy Corbyn MP but participating in a personal capacity)
• Scottish Information Commissioner, externalDaren Fitzhenry
• Sarah Hutchison from the Scottish Information Commissioner's office
• Margaret Keyes from the Scottish Information Commissioner's office

Image source, Scottish Information Commissioner

The Public Audit and Post-legislative Scrutiny Committee is undertaking post-legislative scrutiny of the Freedom of Information (Scotland) Act 2002 this morning.

It follows strong criticism of ministers for reportedly intervening in FOI responses.

The committee papers are available here, external and correspondence with the Scottish Information Commissioner can be viewed here, external.

After general questions at 11.40am we will bring you extensive coverage of first minister's questions from noon.

Image source, PA/BBC

This will be followed by Labour MSP Johann Lamont leading a members' debate on Down's Syndrome Awareness Week.

After a short break, the Scottish government will then host a debate titled 'Building Greater Fairness in the Workplace'.

Image source, Thinkstock