MSP warns of official culture of secrecy
The number of successful appeals against public bodies accused of secrecy has climbed as cases handled by Scotland’s information commissioner hit a 16-year high.
Commissioner Daren Fitzhenry received 626 appeals against freedom of information decisions by public bodies, a 29% increase on the previous year and the highest since 2005. He upheld 119 cases compared to 104 the previous year.
Labour MSP Katy Clark has launched a consultation on her private members’ bill to strengthen the legislation by extending it to all taxpayerfunded services delivered by private and third-sector organisations and charities, such as private care homes. The West Scotland MSP said: “There is more awareness and use of free
dom of information, but also more awareness of its failings.”
The Freedom of Information (Scotland) Act 2002 gives everyone the right to ask for any information held by Scottish public authorities but Clark said the legislation needs to modernise.
She said: “It was landmark legislation when it was introduced
20 years ago and reforms are long overdue.” She said private firms receiving public money without scrutiny was particularly apparent during the pandemic.
She said: “Grieving families have in many cases been unable to illicit key information because so many homes are in the private sector and entirely exempt from freedom of information.”
Two years ago Holyrood’s public audit committee said changes were needed to improve transparency and accountability.
“For no firm proposals to be brought forward by the Scottish Government is concerning,” said Clark. “Access to information is an essential tenet in a democracy.
“As an MSP, it is frustrating that the quality of answers given to parliamentary questions is often so poor and superficial that freedom of information requests are one of the most effective ways of getting access to information which should be provided to politicians and the public.”