Update on extension of coverage
Freedom of Information (Scotland) Act 2002 (FOISA)
Discussion Paper on the possible extension of coverage of FOISA to cover bodies who are not Scottish Public Authorities
The Scottish Government is committed to the principles that underpin Freedom of Information legislation. Principles of openness and transparency are essential parts of open democratic government and responsive public services. Part of this commitment involves considering whether it is appropriate to extend the coverage of FOISA with the Minister for Parliamentary Business Bruce Crawford explaining on 29 June 2008 "We are committed to continually assessing whether the scope of the Act can be improved. I believe it has served the people of Scotland well but it is still a relatively new piece of legislation and many people and organisations are still getting used to both its real and potential impact."
The provisions of the Act can be extended to bodies that appear to the Scottish Ministers to exercise functions of a public nature; or who are providing, under contract with a Scottish public authority, any services whose provision is a function of that public authority.
Mr Crawford said that, as part of the continual assessment on coverage, he is to have discussions with interested parties about bringing within the scope of the Act the following organisations:
* Registered social landlords
* Contractors who provide public services that are a function of a public authority (for example, contractors providing prison services)
* Local authority trusts or bodies set up by local authorities (for example, bodies set up by local authorities as limited companies to run leisure facilities)
Mr Crawford explained that -
"The organisations we are looking at in terms of coverage have not been chosen at random. They are bodies about whom concerns over a lack of coverage have consistently been raised with us. The concerns may have arisen because of changes in the way public services are delivered - for example the contracting out of services traditionally provided directly by a public authority.
"Discussions will take place before any decision is taken to formally consult. But formal consultation is not a rubber-stamping exercise. Any extension of coverage needs to be measured and appropriate.
"For example, we will look closely at the issue of the proportional impact on smaller organisations particularly in the voluntary sector.
"And I am aware there are differing arguments and there is a need to balance those. But I believe it is only right to give serious thought to extending FOI coverage in Scotland. "
Discussion Paper on possible extension
In June 2008 we wrote to a number of organisations who had been identified as being key in the discussions on coverage.
The text of that letter, which also sets out the outline of the process and lists the organisations contacted, is letter text
We now invite views of all interested parties on the key issues raised in this discussion paper and, in particular, on whether the Scottish Government should look to use the powers under section 5 of FOISA to extend coverage of the Act to contractors, registered social landlords, and local authority trusts or bodies. We invite responses by 12 January 2009.
The discussion paper can be downloaded by clicking here.