FM should keep FOI veto despite reputational damage, Scottish Government tells MSPs

The debate highlights a critical tension in Scotland’s Freedom of Information framework, focusing on whether current safeguards hinder transparency or protect vital state interests. One central argument questions the necessity of the First Minister’s veto power, which has never been used since its introduction. Proponents of removing it argue that this relic undermines public trust and international standing, suggesting that the absence of usage does not guarantee future irrelevance. Opponents, however, maintain that retaining the veto is essential for handling extremely sensitive national security matters, warning that its removal could lead to unintended negative consequences despite its dormant status. A second major issue concerns the mechanism for expanding FOI coverage to new organizations. There is significant disagreement over empowering Parliament to directly designate public authorities without ministerial approval. Supporters view this as a necessary democratic safeguard against political inaction and bureaucratic delays, which have left many sectors outside FOI scope for years. Conversely, the government argues that such a change lacks the legal infrastructure and consultative rigor required, posing risks of judicial challenges and asserting that the existing balance adequately protects both accountability and proper procedural standards. Finally, the discussion underscores the urgent need for stronger enforcement mechanisms to ensure compliance. Reports of councils ignoring decision notices for weeks reveal that information denial persists when oversight is weak. This ineffectiveness erodes public confidence and denies citizens timely access to essential data. Strengthening enforcement is therefore vital to maintaining the integrity of open data initiatives. These conflicting views illustrate the complex trade-offs between security, procedural rigor, and transparency, making this debate highly relevant to the ongoing evolution of open data policy in public administration.

Source: heraldscotland.com
Published on 2025-11-21

FM should keep FOI veto despite reputational damage, Scottish Government tells MSPs

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