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2022

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.