Campaign calls for review on delivery of FoI rights

The Campaign for Freedom of Information in Scotland (CFoIS) has renewed its call for an inquiry to evaluate the impact of freedom of information (FoI) legislation in making Scotland more open and transparent. The CFoIS call comes as the Scottish Parliament debates the motion: “Leading Journalists Criticise the Scottish Government over FOISA”.

CFoIS said journalists’ criticism of the Scottish government and its agencies’ implementation of the Freedom of Information (Scotland) Act 2002 (FoISA) is “particularly worrying” given that the Parliament was intended to be “open, accessible and accountable”.

It added that there is “no sign” that recent cases at the European Court of Human Rights have made an impact in Scotland.

Examples include the Grand Chamber decision of Magyar Helsinki Bizottság V. Hungary in 2016, and the Hungarian Civil Liberties Union v. Hungary in 2009 where the court found a violation of article 10 ECHR and concluded that obstacles to hinder access to information of public interest might discourage the media and other public interest organisations from pursuing their vital role as “public watchdogs”.

Carole Ewart, convener of the Campaign for Freedom of Information, said: “At a time when fake news has been exposed as skewing decisions and misleading people, there has never been a greater need for the publication of information so that better decisions are made about public spending, delivery of public services and crafting policy.

“Whether you are an MSP, a charity or a member of the public, you need to be able to access and rely on good quality information so that you can do your job, serve your community and participate in public affairs.”

She added: “After 12 years of FoISA in what is a fast-paced environment of technological change and diversification of public service delivery, it is appropriate to consider reform. The best approach is for an inquiry by a Scottish Parliament committee into FoISA’s effectiveness in equally delivering an enforceable right to access information, identify what changes are needed to ensure the right is returned to its 2005 strength as well as learning from international best practice to make the right robust and fit for purpose in modern Scotland.”