Secrecy row as SNP advisers ‘interfere with FoI requests’

THE architect of Scotland’s transparency laws has condemned the Scottish Government for letting political advisers interfere in dozens of Freedom of Information requests.

Lord Wallace of Tankerness criticised the SNP’s ‘secrecy’ in referring information requests to its special advisers.

New figures show that over the course of only two weeks in March, 57 requests for information were referred to political advisers, while 39 responses were subject to ‘ministerial approval’.

Former Scottish Liberal Democrat leader Lord Wallace, who piloted the Freedom of Information Act at Holyrood when he was deputy first minister, said the political interference in providing responses to the public was not in the spirit of the law. He added: ‘While such a systematic involvement of special advisers wouldn’t be against the letter of the law, it certainly flies in the face of the intended spirit of the legislation.

‘What was needed – and what I hoped the Act would promote – was a change of culture, so the default position would be openness rather than secrecy.

‘These apparent practices are far more likely to institutionalise a culture that is anything but transparent.’

In February, it was disclosed that Education Secretary John Swinney intervened in an FoI request, allegedly asking for the release of papers to be blocked.

The revelations prompted questions at Holyrood about Nicola Sturgeon’s government and special advisers ‘holding back material’ that ‘could cause them embarrassment’.

Parliamentary Business Minister Joe FitzPatrick was urged to appear before MSPs to explain himself amid claims he ‘misled’ them over the role of special advisers in the FoI process.

In a letter to Mr FitzPatrick, following issues raised by political journalists, Scottish Information Commissioner Daren Fitzhenry said he would ‘assess the Scottish Government’s FoI performance in light of serious concerns raised’.

Concerns about the handling of FoI requests earlier this year also sparked an investigation by the Commissioner, who is due to publish his findings this month.

The Scottish Government said seeking ‘clearance’ from advisers was a routine part of responding to FoI requests.