Secret Scotland
SNP accused of burying bad news... as watchdog’s report reveals aides and ministers routinely meddle in Freedom of Information requests
NICOLA Sturgeon has been accused of presiding over a ‘secret Scotland’ after an investigation found ministers routinely intervened after requests for politically sensitive information.
A damning report by Scotland’s information watchdog said ministers and special advisers have regularly tried to influence the refusal or delay of information they do not want in the public domain.
It also criticised the Scottish Government for treating journalists, politicians and political researchers differently from members of the public.
The Freedom of Information Act was introduced in Scotland in 2002 to allow everyone access to information held by a public authority, which must respond to a request within 20 working days.
But an investigation into government practices found they were ‘inconsistent’ with the law around freedom of information (FOI) and likely to cause delays. It found requests went through an extra ‘clearance’ process involving ministers and ‘special advisers’.
In one case described in the report, a special adviser wanted an exemption to be applied on the release of information despite the Government’s FOI unit saying it was a ‘flimsy’ reason.
Following a lengthy investigation, the report said politicians, party researchers and journalists are ‘expressly made subject to a different process for clearance than other requester groups’.
Tory MSP Adam Tomkins said: ‘This is a remarkable report which exposes Nicola Sturgeon’s secret Scotland.
‘It reveals an SNP Government which not only deliberately stands in the way of legally binding FOI requests made by the media, but goes to great lengths to delay or influence what information is provided. That is completely contrary to Scotland’s FOI legislation.
‘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.
‘That is outrageous and all Cabinet ministers involved, and indeed the First Minister, have urgent questions to answer.’
Scottish Information Commissioner Daren Fitzhenry carried out the investigation into the Scottish Government’s FOI record and the involvement of special advisers after media complaints.
His report found a lack of clarity over the role of special advisers in the Government’s clearance process for journalists’ requests and a ‘general lack of records of interactions between special advisers and case-handlers in the case files’. He called for a detailed review of the clearance process and for the Government to end the practice of treating some requests differently.
Labour’s parliamentary business manager Rhoda Grant said: ‘This is an absolutely damning report that shines a light on the SNP Government’s attempts to bury bad news.’ She added: ‘What is it exactly Nicola Sturgeon and her ministers are trying to hide from the people of Scotland?’
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.’
The Scottish Government said it accepted in full the watchdog’s seven recommendations, including ending its practice of treating requesters differently ‘solely because of who or what they are’.
Parliamentary Business Minister Joe Fitzpatrick said: ‘Working with the commissioner, we will produce an action plan to take forward these recommendations.’
‘Attempts to bury bad news’