Freedom of Information Reform (Scotland) Bill

Overview

The Standards, Procedures and Public Appointments (SPPA) Committee is seeking views on the Freedom of Information Reform (Scotland) Bill. Those views will inform the Committee’s scrutiny.

The Bill seeks to increase transparency, extend coverage and strengthen existing processes. The call for views will help the Committee understand if these aims are likely to be achieved.

About this call for views

The Member’s Bill was introduced by Katy Clark MSP on 2 June 2025.

The Bill would update the Freedom of Information (Scotland) Act 2002. Proposals include:

A requirement to make the public’s right to information explicit (unless it does not have to be disclosed under any circumstances, known as an absolute exemption).
Establish a new duty for public authorities to publish information proactively.
Bring more bodies under freedom of information rules, such as third sector organisations and housing associations.
Strengthen the general functions and enforcement powers of the Scottish Information Commissioner.

Who we would like to hear from

We welcome responses from a wide range of individuals and organisations, including:

Members of the public
Public bodies (those subject to freedom of information rules, or who may be following the Bill)
Advocacy groups
Media
Legal bodies
Information governance professionals
Academics/think tanks involved representative democracy
Any other stakeholders with an interest in the freedom of information system

How to contribute

Please answer the call for views by completing the submission form below.

We welcome written views in English, Gaelic, Scots or any other language.

You can also give your views to the Committee in a BSL video. If you send a video, we will arrange for a translation and pay for this. You can send a video through a file transfer service such as WeTransfer, or upload to YouTube and share it as a private link with us by email.

Watch our BSL users guide

Questions in this call for views Questions in this call for views

To what extent do you believe the proposals in the Bill will help achieve its primary aim of improving transparency in Scotland by strengthening the Freedom of Information (Scotland) Act 2002?
Do you support the proposal that when a public authority is deciding whether to withhold information under a qualified exemption, it must begin from the position that the information should be disclosed?
Do you agree with the repeal of the current provisions in relation to publication schemes and the introduction of a proactive publication duty and code of practice?
Do you support the proposal that the 20-day period for a response to be provided should be paused rather than reset in relation to requests on which the public body seeks clarification from the requester?
Do you think that the provisions of the Bill in relation to the reporting by Scottish Ministers of the use of ‘section 5’ powers to designate new public authorities would, as the Policy Memorandum contends, “incentivise Scottish Ministers to regularly use their section 5 powers and at a pace which enables the system of independent regulation to operate effectively”?
Do you support the requirement for all public authorities subject to the Act to designate a Freedom of Information officer?
The Bill proposes the introduction of an offence to prevent destruction of information with the intent to prevent disclosure, even when no information request has been made. Do you support this proposal?
Do you support the proposal to remove the power of the First Minister to ‘veto’ certain decision of the Scottish Information Commissioner in relation to information deemed to be of “exceptional sensitivity”?
Do you support the proposals to strengthen the general functions and enforcement powers of the Scottish Information Commissioner, and to introduce an exemption for information provided to the Commissioner during the investigation of appeals?
Do you have any views on the estimated costs and savings associated with the proposed changes set out in the Bill?
Please use the text box below to set out any further comments you wish to make about the Bill.

Analysis

The Scottish Parliament Information Centre (SPICe) will prepare a summary and analysis of responses.

If we receive a very high volume of submissions, this may need to be prepared based on a sample of submissions.

Confidentiality and publication of responses

Our privacy notice on submissions explains how we will process evidence sent to the Committee, and your personal information.

Read the privacy notice.

The call for views closes on 22 October 2025.

Submit your views

Complete the submission form

Interests

SPPAC

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