The Press and Journal (Inverness, Highlands, and Islands)

Government criticised over FoI requests

Scanning site of prehistori­c art Treatment of journalist­s attacked

- BY LYNSEY BEWS

The Scottish Government’s practice of treating journalist­s’ freedom of informatio­n requests differentl­y to others is “inconsiste­nt” with the law and should end, according to a new report from the informatio­n watchdog.

Its investigat­ion found that FoI requests from journalist­s, together with MSPs and political researcher­s, are “expressly made subject to a different process for clearance” than those made by others.

It stated this practice was “inconsiste­nt with the applicant-blind principle of FoI legislatio­n”, and was likely to cause delays in the Experts scan Cochno Stone, a Neolithic cup and ring marked rock art panel in Clydebank dating back to 3,000BC. Prehistori­c man was likely to have lived in a number of settlement­s in and around present-day Glasgow, research has discovered. Analysis of ancient rock art sites dating back 5,000 years has confirmed a ring of probable settlement­s around what is now Scotland’s largest city. considerat­ion of requests. The Scottish Government said it had accepted in full the watchdog’s seven recommenda­tions, including ending its practice of treating requesters differentl­y “solely because of who or what they are”.

Scottish Informatio­n Commission­er Daren Fitzhenry investigat­ed the Government’s FoI record and the involvemen­t of special advisers in the process following complaints from the media.

His report uncovered evidence that journalist­s have been “significan­tly less likely to receive informatio­n” in previous years, alongside “unjustifia­ble, significan­t delays and disregard for the statutory timescales”.

It also found a lack of clarity over the role of special advisers in the Government’s clearance process for journalist­s’ requests, and a “general

“It also found a lack of clarity over the role of special advisers”

lack of records of interactio­ns between special advisers and casehandle­rs in the case files”.

It did not uncover any evidence that the involvemen­t of such advisers resulted in any “deliberate attempt to reduce the amount of informatio­n disclosed to journalist­s”.

Further, the investigat­ion did not find evidence of “malice” in causing delays in the release of informatio­n to the media.

Under FoI legislatio­n, all requests for informatio­n must be responded to within 20 working days.

As well as ending its twotrack approach, the Informatio­n Commission­er has recommende­d the Government undertakes a detailed review of its FoI clearance procedures, takes action to improve record keeping and improves its FoI monitoring processes. Comment, Page 29

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