Nicola Sturgeon faces questions from opposition leaders and backbench
Carlaw and Sturgeon clash over education and the recent Pisa statistics
Leonard raises resignation of Susan Deacon from the SPA; FM insists progress is being made
FM agrees to consider request from Harvie for Mossmorran to remain closed over Christmas
Rennie and Sturgeon disagree on whether policing is in crisis
Backbench MSPs ask about the disability employment gap, an increase in cancer diagnoses and ScotRail fares
The committee will now take evidence on the Section 23 report - Scottish Public Pensions Agency: Update on management of PS project, external from:
Mr Daren Fitzhenry suggests there should be more resource to allow his office to intervene more would be money well spent.
He highlights work with East Lothian Council recently, which led to an increase in the number of FOIs being responded to on time.
That ends this part of the committee.
Committee convener Jenny Marra says the audtior general has identified that there is a real problem with the Scottish government data being held.
She asks if Mr Fitzhenry is surprised when the public are looking for information and its just not held by local authorities.
Mr Fitzhenry says occasionally we will express surprise that information has not been held.
The problem is there will always be a difference in the information held by independent authorities, he adds.
Image source, Getty ImagesLast year, the Information Commissioner criticised the Scottish government's handling of Freedom of Information (FoI) requests.
A report by commissioner Daren Fitzhenry, external found "unjustifiable, significant delays" in some cases.
He also said journalists and political researchers faced an "additional layer of clearance" that should end.
The government welcomed the report which it said highlighted "significant improvements" in its FoI service.
A progress report on the government's action plan was published in July.
SNP MSP Willie Coffey asks: "Should there be a duty to document what happens within the public sector?"
Mr Fitzhenry says this in part comes back to the point about practicality, adding if a duty to document was created there would need to be "clear definitions" around what should be documented.
SNP MSP John Mason pivots to people who "just want to give a health board a kicking" and swamp it or other authorities with requests.
Mr Fitzhenry says the authority can say the request is vexatious, however this excuse was only used to deny an FOI 175 times in 2018/19 (out of 83,000 requests).
It is being used in cases where people really have crossed the line and there is a natural reticence to use the term vexatious, he adds.
Daren Fitzhenry says: "I would not be in favour of full cost recovery."
He explains this would create a system whereby "your access to information will be dependent upon how deep your wallet is."
I much prefer the concept of a universal right to information, he adds.
Mr Fitzhenry says sometimes the procedures of local authorities can lead to a delay in replying to an FOI.
The information commissioner explains there is a concern if the number of FOIs continues to rise, although it shows the system is working.
He suggests councils should undergo proactive publication to address this, by putting the information online for example.
Tory MSP Liam Kerr asks how many appeals are due to the 20 day deadline not being met and what are the key causes of delay.
Daren Fitzhenry says 27% of appeals made in 2018/19 were due to delays.
This can be due to human error or workplace pressures, he says.
Mr Fitzhenry suggests resetting the clock to zero when a body is seeking clarity on a request is not helpful and it may be better to pause the clock.
Image source, bbcBailey-Lee Robb MSYP
Last week Bailey-Lee Robb MSYP told the committee in September that FOI confidence was very low among young people as they felt the process was too complicated to carry out.
They felt like they were not going to be taken seriously and would be treated as a "pain in the backside" by local authorities, Mr Robb added.
Tory MSP Bill Bowman pivots to education, saying the committee heard evidence only 25% of young people were aware they could use FOISA and only 28% were confident they'd receive a response to a request.
What is being done to raise awareness of FOISA among young people and increase confidence in it, he asks.
Image source, bbcScottish Information Commissioner policy officer Lorraine Currie
Mr Fitzhenry accepts this is a concern and there is a definitely a difference in confidence in different age groups.
He explains engagement with the Scottish Youth Parliament has begun to help improve this.
The commissioner cites the use of infographics "with a little jingle in the background" which explain the system, as well as increased twitter use, as part of efforts to improve the system.
Scottish Information Commissioner policy officer Lorraine Currie says a workshop was held for MSYPs to help them and their constituents with FOISA, which has led to a report looking at improvements.
Ms Marra asks about private companies owned by the government.
If they are wholly owned by the government they are already covered by FOISA, says Daren Fitzhenry.
But there is a loophole if they are jointly owned by the government and another body, he adds.
This would see companies like Ferguson Marine, recently purchased by the Scottish government, subject to FOISA but Dundee V&A not, despite it receiving over 50% of public funding.
Mr Fitzhenry suggests this loophole should be closed.
Image source, bbcMr Fitzhenry says there is a little bit of a tension in including as many bodies as possible and on the other being able to enforce the Act.
"It's important to know who is actually covered," he elucidates.
Mr Beattie asks if this should be driven by the public pound, as well as the public function criteria.
The Scottish information commissioner says if you are spending public, money most of the time there'll be a public function behind it.
Following the public pound to its complete end is not useful, Mr Fitzhenry says, citing the example of stationary like paperclips or spending on window cleaning.
SNP MSP Colin Beattie says the structure of the public sector has changed quite a bit since FOISA was established and he asks whether it is still fit for purpose.
Mr Fitzhenry says the principles are still sound, but we have seen a reduction in access to information because of such changes.
As more and more public services are contracted out, it becomes more and more difficult to access information because of bodies not subject to the legislation he explains.
Should bodies like health and social care partnerships be covered by the legislation, Mr Beattie asks.
The Scottish Information Commissioner agrees this should be considered.
Image source, bbcCommittee convener Jenny Marra
Committee convener Jenny Marra says previous witnesses have said there are hurdles in using FOIs.
"The actual process is actually quite straightforward," replies Mr Fitzhenry.
It is designed to let people who are unaware of their rights exercise them, he expands.
He says the difficulty can be finding which authority holds the information being sought and crafting the right question to get that information.
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Scottish Information Commissioner Daren Fitzhenry
Scottish Information Commissioner Daren Fitzhenry says FOISA is not broken but could be better.
Freedom of information is generally working well and there is a high level of awareness of it, he tells the committee.
75% of FOI requests made last year resulted in full or partial disclosure of information, Mr Fitzhenry explains, with most people getting the information they want first time and on time.
There is room for improvement, he accepts, but he adds some of the input is of concern which could have the effect of reducing the right to information.
Image source, Scottish Information CommissionerThe Scottish Information Commissioner submitted written evidence to the committee as part of its inquiry into FOI legislaiton.
The key points made by the Commissioner were:
MSPs begin with post-legislative scrutiny, namely of the Freedom of Information (Scotland) Act 2002, external (FOISA).
Committee convener Jenny Marra introduces:
Image source, Scottish Information CommissionerScottish Information Commissioner
It is anticipated that the focus of the evidence session will be on:
The Public Audit and Post-legislative Scrutiny Committee, externalwill take evidence on the Freedom of Information (Scotland) Act 2002, external shortly.
MSP will scrutinise the legislation with:
The committee will then take evidence on the Section 23 report - Scottish Public Pensions Agency: Update on management of PS project, external from: