Scotland's FoI system 'harmed' by lack of reform

David Hamilton began his six-year term as information commissioner in October

Scotland's international reputation on Freedom of Information (FoI) has been "harmed" by a decision not to overhaul the system, it has been claimed.

The assessment, by new Information Commissioner David Hamilton, came after ministers rejected a call to reform the rules.

Mr Hamilton said updating the legislation should be a priority.

But ministers said the current law was rigorous enough to ensure accountability.

The Scottish government also said it would look at how the system could be improved within the existing legislation.

• Ministers rejects call to reform Freedom of Information rules

Scotland's FoI laws came into force in 2002, and give anyone the right to request access to information held by public bodies, like the government, councils, the NHS and the police.

The government has been urged to extend the rules so they apply to all bodies now providing public services.

But ministers this week concluded they were "not persuaded" of making major changes in the current parliamentary term.

Asked what that meant for Scotland's FoI system, Mr Hamilton told BBC Scotland's The Sunday Show: "I think it's been dented.

"I think its international reputation has been harmed, and I don't think it's a good look for any government to have that kind of question mark as to why this is not happening.

"This should be a priority for government. It's particularly important following the Covid pandemic and all the information that's coming out from that.

"At this time, it's a missed opportunity not to deal with this properly and just to be tinkering around the edges."

Mr Hamilton began his six-year term as information commissioner in October and is responsible for the enforcement of and education on FoI law.

Scotland's freedom of information legislation came into force in 2002

The former Scottish Police Federation chairman highlighted one issue about access to information held by care homes.

He explained: "If that care home is in the public sector, is owned by a local authority, you'll be able to ask questions about the number of staff on duty, its cleanliness and its cleaning regimes. You can get that information.

"If however that's a private care home - and let's remember 75% of the care homes for the elderly are now private - then you can't get that.

"You can get from the local authority what's contractually required, but you won't get the actual information, and that's a democratic deficit."

Mr Hamilton's comments were echoed by the first Scottish Information Commissioner Kevin Dunion, who said the care home issue had created a "two-tier system" of access to information.

Mr Dunion, also speaking to The Sunday Show, said of the current FoI laws: "I think the difficulty is that it's not quite fit for the current day standards of where information is held."

'Robust rights'

On Tuesday Parliamentary Business Minister George Adam said the government remained "open" to making changes if needed.

But he added: "Scotland already has rigorous FoI legislation to ensure accountability around decision-making processes.

"It provides robust rights for requesters to be provided with information held by public authorities, balanced against the need for proportionality and the protection of sensitive information."

The government also said there would be a consultation on extending current FoI rules to include social care, after reforms to the sector contained in the National Care Service Bill had made their way through parliament.