Commissioner's submission to post-legislative scrutiny of FOISA

The Scottish Parliament's Public Audit and Post-legislative Scrutiny Committee is currently undertaking a review into the Freedom of Information (Scotland) Act 2002. The review forms part of the Committee's remit to examine previous Acts of the Scottish Parliament to determine whether they have achieved their intended purpose.

The Scottish Information Commissioner has taken part in oral evidence sessions with the Committee throughout the inquiry and provided a written submission in May 2019.

The key points made by the Commissioner in this submission were:

  • The statutory provisions in relation to interventions should be strengthened
  • The requirement for public authorities to adopt a publication scheme should be removed and replaced with a simple statutory duty to publish information, supported by a new legally enforceable Code of Practice on Publication
  • The First Minister's veto should be removed
  • The exclusion that excludes appeals in relation to requests from the Lord Advocate, Procurators Fiscal and the Commissioner should be removed
  • A prohibition on authorities relying on a confidentiality clause between them and their contractors which provide public services should be considered

A number of technical amendments have also been proposed.

You can download the Commissioner's submission here:

Submission on the Post-legislative scrutiny of FOISA (PDF - 325 KB)

For more information about the post-legislative scrutiny of FOISA, including all written submissions made to the Committee, visit the Committee's pages on the Scottish Parliament's website.


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