Opinions divided over 'freedom' post

Kevin Dunion: "Balance needs to be achieved"

A stormy debate has taken place in the Scottish Parliament over the appointment of a freedom of information commissioner.

A selection panel had recommended Kevin Dunion, currently chief executive of Friends of the Earth Scotland, for the post.

A motion to the full parliament sought an endorsement of the decision but this was opposed by panel member, Scottish National Party MSP Duncan Hamilton.

A final vote will take place at 1700 GMT on Thursday.

Advertising campaign

The post has been created as part of new freedom of information legislation passed by MSPs in April.

Its purpose is to champion the cause, ensuring that bodies such as councils, health boards and government agencies open their files to the public.

Mr Dunion's nomination followed an advertising campaign followed by interviews by the cross-party panel of MSPs, which was split four-three in his favour after seeing five shortlisted candidates.

The other members of interview panel, chaired by Presiding Officer Sir David Steel, were Tory Glasgow list MSP Bill Aitken, Labour backbencher Cathy Craigie and Lib Dem Iain Smith.

Such panels were set up to remove decisions on appointing such watchdog figures from ministerial involvement and party politics.

'False consensus'

On previous occasions, panels have made a unanimous recommendation for MSPs to back the nomination, even when they had privately disagreed.

Mr Hamilton said he was against the motion as he refused to be "party to a false consensus".

He and fellow SNP panel member Christine Graham said they believed another candidate had been more suited to the job.

They were accused by MSPs from other parties of potentially putting off candidates for other public posts.

Bill exemptions

Speaking when the Freedom of Information Bill was ratified in April, Justice Minister Jim Wallace said it aimed to tackle the culture of secrecy in Scottish public life.

However the inclusion of certain exemptions to the Bill, as well as the first minister's power to over-rule the commissioner, proved contentious.

Another 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".

'Honouring intent'

Mr Dunion, 47, said in April: "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."

Mr Dunion has been chief executive of FoE Scotland since 1991 and chair of FoE International from 1996 to 2000.