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2022

November 2022 The Scottish Parliament is currently consulting on reform of the Freedom of Information (Scotland) Act 2002 and you are encouraged to respond by 2nd February 2023.  Launched by Katy Clark MSP on 2nd November 2022, it proposes a broad reform of the FoI architecture to strengthen rights, duties and enforcement powers for the Scottish Information Commissioner.  CFoIS welcomes the consultation as we believe it offers a rigorous approach to reform to improve transparency, accountability and scrutiny in Scotland.  Please contact us if you want CFoIS to participate in meetings you are holding to discuss the consultation.  info@cfois.scot 

September 2022  CFoIS has converted its draft Bill and Explanatory Notes to reform FoISA into a draft consultation which can be taken up by an MSP to reform the Freedom of Information (Scotland) Act 2002.  Available HERE.  Thanks to a large donation from Unite Glasgow Not for Profit Branch and from UNISON Scotland branches and donations from supporters.

May 2022 – Support Growing for Motion at Scottish Parliament 19 MSPs have recorded their support for a motion ‘Celebrating Freedom of Information (Scotland) Act at 20 Years’.  The motion has achieved cross party status.  The text can be found HERE and please check out if your MSPs are supporting it and if not, please encourage them to do so.   

CFoIS has published a Bill to reform the Freedom of Information (Scotland) Act 2002 (FoISA).   The Bill is accompanied by Explanatory Notes, including a Policy Memorandum and a Financial Memorandum.   Responses are invited until 24th April 2022, which marks 20 years since FoISA was passed at the Scottish Parliament.  

The draft Freedom of Information (Scotland) (No2) Bill reforms and updates (FoISA).  It does not seek to replicate duties elsewhere in law.   The CFoIS Bill begins the process of delivering the conclusions of the Public Audit and Post Legislative Scrutiny Committee (PAPLS) Inquiry Report published in May 2020.  The cross party membership of the Committee concluded ‘… there is a clear need to improve the legislation, particularly in respect of the bodies that it covers and in relation to proactive publication.’ CFoIS has taken the initiative in the absence of Scottish Government led legislation despite the Committee’s recommendation to ‘consult on the detail of the proposed changes before bringing forward the necessary legislation.’ (Post-legislative Scrutiny : Freedom of Information (Scotland) Act 2002 – Parliamentary Business :  Scottish Parliament  and at Para 5 at PAPLS052020R2.pdf)  On 4th March 2022, the Scottish Government answered a parliamentary question which confirmed that it is still not ‘in a position’ to give a date for or give any details of, the consultation it agreed to initiate. 

CFoIS is pleased to receive feedback and further amendments.  For example we have received from Alistair Sloan an amendment on appealing decisions along with Explanatory Notes.    

Join the conversation and let us know what you think!  Contact us at info@cfois.scot We are happy to speak at meetings to explain the Bill in more detail and why it is needed. We look forward to hearing from you.

March 2022  CFoIS Report to the UN Human Rights Council on the issues to be considered for the UK’s Universal Periodic Review, in November 2022, appears HERE.  CFoIS explained how access to information rights in Scotland are being weakened due to legislative neglect and a failure to use the current Section 5 power of FoISA to designate more bodies for coverage such as private and third sector organisations delivering care home services.