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Minister for Parliamentary Business Bruce Crawford yesterday announced the Scottish Government is committed to bringing forward a Bill clarifying and strengthening the Freedom of Information (Scotland) Act.

After six years of the existing legislation, some necessary improvements have been identified, meaning the time now seems right to review the legislation as a whole.

Mr Crawford said that the Scottish Government intends to bring forward measures to strengthen and improve the Act through a Freedom of Information (Scotland) Amendment Bill in the next Parliamentary session.

The Government also considers that it would be premature to extend the legislation to cover a greater range of bodies delivering public services during this Parliamentary session.

The Freedom of Information (Scotland) Act 2002 encourages the development of a more open culture across the public sector by providing a statutory right of access to information held by some 10,000 Scottish public authorities.

The proposed legislation in the next Parliamentary session will put right two deficiencies in the current FOI laws that have been identified relating to Part 5 (Historical Records) and Section 65 (Offence of altering etc. records with intent to prevent disclosure).

The Scottish Government also intends to review and consult on how best the Act can be improved and strengthened as part of bringing forward this primary legislation.

Ministers consulted last year on whether existing FOI legislation should be widened to cover a greater range of bodies who deliver public services in Scotland. As was made clear at that time, the consultation was necessary as the Scottish Government had not reached firm conclusions on which bodies it might be appropriate to extend coverage to.

As a result of this consultation, Ministers believe it would be premature to extend coverage before the deficiencies in the Act can be put right and the opportunity is taken to strengthen and update the current legislation.

Minister for Parliamentary Business Bruce Crawford said:

"Freedom of Information has brought a welcome culture of openness and transparency to the work of Government and other public bodies since its introduction in Scotland, and we can be proud of the fact that we have set an example for other countries in this respect. However, the existing legislation can be improved, and that is why we intend to bring forward legislation in the next Parliamentary session to improve and strengthen the existing Act.

"At the same time, Scottish Ministers have carefully considered responses to our consultation on the possible extension of FOI, and it is clear that, while there is broad support for the principles of openness and transparency, any extension of legislation is not favoured by the majority of those bodies proposed for coverage at the present time.

"It was also apparent from the replies to the consultation that many of these organisations are already acting within the spirit of the act by making relevant information available, through both voluntary and statutory means. Ministers believe it would be premature to extend coverage before the deficiencies in the Act can be put right and the opportunity is taken to strengthen and update the current legislation.

"In the meantime, alternative methods with the same aim, including revision to the FOISA Code of Practice, assessment of the impact of the proposed Scottish Housing Charter and the further development of the transparency agenda, will continue to be explored.

"The Scottish Government will always encourage all organisations in Scotland to operate with the same principles of openness and transparency as ourselves, as they are fundamental elements of open democratic government and responsive public services."

Part 5 (Historical Records) relates to the 30 year lifespan of a 'historical record'; sets out the exemptions which are subject to this category and identifies the lifespan of certain other exemptions; and gives Scottish Ministers order making powers to amend these timescales.

By Order under Section 59 Scottish Ministers can change the 30 year lifespan to 15 years (or, whichever lifespan they so choose to define). This amendment however, would change all exemptions in Section 58(1). In order to be able to move these timescales independently, primary legislation will be required.

Section 65 (Offence of altering etc. records with intent to prevent disclosure). The destruction of information after it has been requested is a criminal offence. The standard timescale for commencing proceedings of a summary conviction is 6 months as set in section 136 of the Criminal Procedure (Scotland) Act 1995.

Due to the process that FOISA follows, it is potentially 10 months from commission before any offence could be discovered by the Commissioner at appeal stage. Subsection (2) of section 136 of the Criminal Procedure (Scotland) Act 1995 allows Acts, such as FOISA, to fix their own time limit.

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