MSPs pass Information Bill

The bill would release confidential information

A bill intended to give citizens the automatic right to official information has been passed by the Scottish Parliament.

During a four hour session, MSPs made their way through 80 amendments to the Freedom of Information Bill, but ministers won all the main votes.

Justice Minister Jim Wallace said it would tackle the culture of secrecy in Scottish public life.

But Conservatives said the legislation was unnecessary and expensive.

Jim Wallace: "Culture of secrecy"

An independent Information Commissioner will now be appointed by parliament with the power to order public bodies to release documents on request.

However the inclusion of certain exemptions to the bill, as well as the First Minister's power to over-rule the commissioner, proved contentious.

During the debate, MSPs clashed over an amendment which will restrict the release of information on incomplete research.

Some campaigners claimed the clause, which was passed by 74 votes to 34, could allow scientific information to be concealed for unspecified periods of time.

Practical protection

But deputy justice minister Dr Richard Simpson insisted the amendment would only prevent the premature disclosure of incomplete academic research.

The Executive also watered down plans to restrict the disclosure of information to campaign groups.

Instead, an amendment was passed which will block requests which "appear to have been instigated wholly or mainly for a purpose other than the obtaining of information".

Jim Wallace said the amendment "provides public authorities with necessary and practical protection from being overwhelmed by a flood of requests".

The Executive also changed its stance on the way requests for information are made.

Originally, the Bill had stated that all requests must be made in writing, but after discussions with disabled groups, Jim Wallace agreed that they can be made in any format so long as they can be recorded for reference purposes.

The test of this Act will therefore be in its implementation and the honouring of its intent

Kevin Dunion
Friends of the Earth

Jim Wallace also introduced an amendment tightening up the circumstances in which the First Minister could over-rule the commissioner, saying it had to be restricted to "exceptionally sensitive" information.

Lord James Douglas Hamilton, the Tory justice spokesman, said the Bill was bureaucratic and could cost the taxpayer £4.8m a year.

Friends of the Earth Scotland, who have been one of the main campaigners in favour of the Bill, welcomed the outcome of the debate.

But the group's chief executive, Kevin Dunion, said they still had some fears about how effective it will be.

Mr Dunion said: "It is important to recognise that there are still a number of areas where we think that the balance between public openness and official caution has not been achieved.

"The test of this Act will therefore be in its implementation and the honouring of its intent.

"The parliament must now build on this positive move by appointing a tough and effective commissioner to oversee the new regime and work to make sure that any potential loopholes are not abused."