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FoISA Bill

Information on the FoISA Reform Bill Campaign

Bill Stage 1 Consultation The Stage 1 consultation process on the Bill is now underway, led by the Standards, Procedures and Public Appointments (SPPA) Committee of the Scottish Parliament. It is inviting submissions on the Bill’s general principles by 22nd October. See our answers to the Committee’s eleven questions here, the CFoIS briefing to correct misinformation about the Bill and a briefing on section 1 which is designed to result in more information being routinely disclosed to requestors and that requires a change in culture and practice.

Event: CFoIS to hold FoISA Reform Bill Update with Human Rights Consortium Scotland You are invited to the CFoIS update event on the Freedom of Information Reform (Scotland) Bill and its progress through Stage 1, which will be held in conjunction with Human Rights Consortium Scotland.
What: FoISA Reform Bill Update
When: Wednesday 19 November at 1:00PM to 2:00PM GMT
Where: Online
Cost: Free
Tickets available to book via Eventbrite.

19th September 2025 – Consultation on FoI Bill Launched The Standards, Procedures and Public Appointments Committee is seeking views on the Freedom of Information Reform (Scotland) Bill by 22nd October. It is the beginning of the Stage 1 process to consider the general principles of the Bill and an opportunity to make your voice heard on the need to strengthen FoI rights and duties to deliver greater transparency and accountability across our public services. CFoIS looks forward to participating in the Stage 1 process and engaging with MSPs from all parties.

Currently we are finalising a series of briefings on each section of the Bill to help inform submissions from the public and interested organisations.  These will be available very soon and appear here!  CFoIS is also happy to speak to groups about the Bill on why legislative reform is necessary and urgent.  To request a speaker contact us at info@cfois.scot

New leaflet for NGOs CFoIS has produced a leaflet for NGOs to remind them to use their FoI rights and why supporting legal reform matters to support democratic participation.  Read the How To Access Information Leaflet here

Lead Committee Announced The Scottish Parliament has appointed the Standards, Procedures and Public Appointments Committee as the lead Committee for the Bill and its website will be positing procedural updates. The Bill is at Stage 1 of the process to decide if it should become an Act.  Parliament is in recess from 28th June to 31st August 2025.

FoISA Reform Bill Published CFoIS welcomes publication of Katy Clark MSP’s Freedom of Information Reform (Scotland) Bill on 2nd June 2025.   The Bill is at Stage 1, which  involves a Committee of the Parliament being designated to lead on consulting the public and stakeholders on the Bill through written and oral evidence.  At the end of the inquiry process, the Committee makes a report to Parliament and MSPs vote on the general principles of the Bill.  If approved by a majority of MSPs, the Bill proceeds to Stage 2 where it can be amended in Committee and then  to Stage 3 which is a vote by Parliament on whether or not to approve the Bill.  The key elements of the Bill are:

  • Improves transparency by strengthening existing measures in the Freedom of Information (Scotland) Act 2002 (“FoISA”).
  • Strengthens the public’s right to information by explicitly stating the right to receive requested information unless it is subject to an absolute exemption.
  • Introduces a new mechanism by which additional bodies may be designated under FoISA to increase the number of bodies designated such as those delivering public services under contract.
  • Requires pro-active publication of information through a new duty to publish.
  • Improves compliance by requiring an FOI officer to be designated in each public authority
  • Strengthens the enforcement powers of the independent, Scottish Information Commissioner.

Supporters are asked to contact their MSPs and ask them to support the Bill at Stages 1, 2 and 3.

18th May 2025 In preparation for publication of Katy Clark MSPs’ members Bill to reform FoISA, CFoIS is creating a list of resources to inform debate on the general principles of the Bill.  This list will gradually be added to over the coming days.

CFoIS report from 2020
CFoIS briefing from 2020
CFoIS Freedom of Information (Scotland) (No 2) Bill from 2022
CFoIS Freedom of Information (Scotland) (No 2) Bill explanatory notes from 2022
CFoIS proposed amendment to FoISA  from 2o22
CFoIS proposed amendment to FoISA explanatory document from 2o22
CFoIS draft Bill consultation from 2022
CFoIS response to Scottish Government consultation from 2023
CFoIS response to Katy Clark consultation from 2023
CFoIS submission to CESCR from 2025
CFoIS submission to ICCPR from 2025

January 2025 CFoIS welcomed the opportunity to meet with the Minister for Parliamentary Business, along with Katy Clark MSP, on 8th January.  The meeting was very useful in our work to build all party support for reform of FoISA.

CFoIS has recruited a Communications Officer and we are working on getting materials ready to launch the FoISA Reform Campaign.  CFoIS was pleased that knowledge of the draft Bill was raised at the meeting of  the Standards, Procedures and Public Appointments Committee on 30th January 2025 which was taking evidence from the Scottish Information Commissioner and senior team members.

October 2024 CFoIS is delighted to have been awarded a grant by the JRSST Charitable Trust to focus on securing legal change in Scotland’s outdated FoI law and will work until March 2026 to:

  • Launch a campaign to build all party support to reform FoISA via Katy Clark MSP’s Member’s Bill, by promoting a compelling, evidence based narrative for parliamentary action.
  • Inform and secure meaningful legal change through expert briefings on the Bill, promoting analysis and evidence, drafting amendments which solve problems and citing best practice to ensure the Bill is as good as it can be.
  • Grow public interest in the parliamentary process and in this legislation by championing the interdependence of robust FoI rights with responsive, inclusive, participatory and representative decision-making at all levels of our democracy.

Work is underway to inform the detail of the Bill and provide commentary on the accompanying documents.

Bill Update  On 28th November 2023, the Scottish Government announced it would not progress a Bill to reform FoISA.  Therefore Katy Clark MSP lodged a proposal for a Freedom of Information Reform (Scotland) Bill and achieved sufficient cross party support to introduce it to the Scottish Parliament.   In September 2024, she provided an update to SPIF.

“Finalising the detail of my member’s Bill is progressing well.  I have had a meeting with the Parliamentary clerks who have provided feedback on the sections and accompanying documents.  I appreciate the helpful comments that have been provided by CFoIS, Dr Sean Whittaker from the Centre for FoI at Dundee University and Rachel Hanna from Access Info Europe.  I have also spoken with members of the legal profession to discuss the implications of the draft Bill.   It is not a simple process and we are clear that only so much can be achieved from a member’s Bill especially when trying to address the FoI deficit caused by the decades of fragmentation in public service delivery providers across Scotland.

“When I was given permission to progress a member’s Bill, the MSPs supporting my Bill were listed on the Scottish Parliament website and although more MSPs have indicated their support subsequently, their names can no longer be added to that published list.  However I look forward to receiving their support when I publish my FoI Reform Bill soon and I look forward to the subsequent cross party debate at Stage 1.

“I welcome the opportunity to work with you all in the coming months to ensure my Bill delivers robust transparency and accountability provisions to enable informed scrutiny.”

30th June 2023 The Scottish Government has published its analysis of responses to its consultation on FoI.  The document can be accessed HERE.  66 of the responses are published HERE.  The Scottish Government concludes that it “will consider the outcomes from this consultation
analysis, and provide its response later in 2023.”

Katy Clark MSP issued a consultation seeking views on the reform of FoI law.  CFoIS supports this consultation as it is based on our draft Bill and Explanatory Notes published in January 2022.  The consultation closed on 14th March 2023 and the CFoIS submission is available HERE.  CFoIS thanks everyone who provided comments and participated in meetings to share their views.

Related documents: Leaflet summarising the issues and opportunities, CFoIS FoISA Reform Bill  and Explanatory Notes which accompany the Bill

The Scottish Government’s  consultation  adopted a different approach to FoI rights.  CFoIS welcomes the questions raised but is firmly of the view that reform of FoISA is urgent and overdue.  Our submission is available HERE.

Useful document Question 12 in the Scottish Government consultation  relates to Section 6 of FoISA:  “Are you aware of any specific instances where access to information through FOISA has been frustrated as a consequence of the current structure of the section 6 provisions?” A CFoIS briefing will help with your response.  It explains the difficulty in finding the names of companies wholly owned by designated bodies which should be automatically covered by FoISA.  It also  provides evidence of why Section 6 of FoISA needs to be strengthened, and enforcement of the duty by the Scottish Information Commissioner.

Meetings CFoIS was pleased to attend the three online consultations organised by the Scottish Government.  Each meeting provided an opportunity to share views and hear from others .