Scottish government criticised over Freedom of Information delays

The Information Commissioner has criticised the Scottish government's handling of Freedom of Information (FoI) requests.

A report by commissioner Daren Fitzhenry 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.

MSPs have previously called for a "wholescale review" of the Scottish government's freedom of information policy.

Journalists from across the media have also signed an open letter raising concerns about the way FoI requests are handled.

'Policies not clear enough'

The government has now been given three months to draft an action plan to improve its practices.

The commissioner's report criticised the practice of referring FoI requests for clearance by ministers simply because they come from journalists, MSPs and researchers.

Mr Fitzhenry said this was inconsistent with the principle that, "in most cases, it should not matter who asks for information".

His report also found:

• The Scottish government's FoI policies and procedures are not clear enough about the role of special advisers in responding to FoI requests

• The Scottish government takes longer to respond to journalists' FoI requests than other requests (but in only one case did the commissioner find evidence of a deliberate delay)

• The FoI practice has improved significantly over the last year, following the commissioner's first intervention

• Average response times to all requests, including journalists' requests have reduced

The commissioner has made seven recommendations for further specific improvements.

The areas highlighted are clearance procedures, quality assurance of FoI responses, training, case handling and case records management, monitoring FoI requests and review procedures.

The Scottish government said it was "happy to accept his recommendations in full to support our continued improvement".

Minister for Parliamentary Business Joe Fitzpatrick said: "In the first five months of 2018, we responded to 93% of FoI requests on time, exceeding the 90% target set by the Information Commissioner and a 10% increase on last year.

"Outside the FoI process, last year the Scottish government responded to over 5,000 queries from journalists in a matter of hours."

'Secretive and biased'

He added that ministers were determined to "further enhance our position as an open government".

However, the Conservatives said the report blasted the "secretive and biased response to legally-binding Freedom of Information requests".

Scottish Conservative MSP Adam Tomkins said: "This is a remarkable report which exposes Nicola Sturgeon's secret Scotland.

"People will see this report and conclude the SNP government is trying to stop bad news happening, and its woeful performance being publicised, by meddling in this process."

The Scottish Liberal Democrats said the commissioner's findings were "a stinging rebuke and the culmination of a decade of bad practice".

Information 'suppressed'

Lib Dem MSP Tavish Scott said: "The SNP have politicised information which people have a right to receive.

"They have been found out and now rebuked. Nothing less than an apology for their behaviour will be acceptable."

Scottish Labour said the SNP government had "bent the law to bury bad news".

The party's parliamentary business manager, Rhoda Grant, said: "Not only was the clearance process (for journalists and MSPs' staff) different, but there is clear evidence that information was suppressed in answer to these journalists' requests.

"What is it exactly that Nicola Sturgeon and her ministers are trying to hide from the people of Scotland?"

Scottish Green MSP Andy Wightman said it was a "damning report" which "vindicates the complaints of many journalists and researchers that Scottish ministers are slow and inconsistent in how they release information that the public are entitled to."