A Weapon of Democracy
Today's editorial in the Sunday Herald is well worth a read - below is a summary of what the paper has to say about Freedom of Information (FOI) in Scotland.
The legislation has its flaws and - if anything - needs strengthened. But there's no doubt FOI has helped to balance relations between ordinary people and powerful organisations - that would dearly love to keep us all in the dark.
"A weapon of democracy that must be defended
Any analysis of the first 10 years of devolution would inevitably focus on the policies that have directly impacted on people’s lives: free personal care for the elderly was a popular, if controversial move; abolishing up-front tuition fees had cross-party support; and the smoking ban attracted international headlines for Scotland.
However, the Freedom of Information (Scotland) Act, passed in 2002, has been one of the most liberating pieces of legislation for the ordinary Scot. Far from being a busybody’s charter, as some feared, it has allowed parents, patients and other service users to hold public bodies to account for their decisions.
Not that everybody sees it that way. A growing number of public officials see freedom of information (FOI) as a nuisance and a drain on the public purse.
However, the legislation should be celebrated, not criticised. Since 2005 – when the act came into force – public bodies have released valuable information on crime hot-spots, mortality rates for surgeons, PFI contracts and much more. Today’s investigation on GP funding in our news section is also FOI-based.
It has also proved to be a valuable tool for cleaning out the political stable. When Information Commissioner Kevin Dunion ruled that the Scottish Parliament should release all of former Tory leader David McLetchie’s taxi receipts – thus prompting his resignation - the decision ushered in a transparency revolution at Holyrood.
Quango-land has also learned to spend taxpayers’ money more wisely as a result of FOI. Had it not been for the right-to-know legislation, the public would never have known about the globe-trotting activities of senior officials at the Strathclyde Partnership for Transport, three of whom resigned last week.
In addition, FOI is far from being simply a tool for journalists to hold public bodies to account. The overwhelming majority of requests, and appeals, have been made by members of the public. It is a genuine “right to know” for the average citizen.
Half a decade since it came in to force, it’s time to ask how the freedom of information system can be refined and improved. One reform, currently being explored by the Scottish Government, is to extend the provision of the act to other bodies in receipt of public funding. This should include private prisons, arms-length bodies set up by councils, and membership groups that depend on public subsidy to exist. Top of the list has to be Cosla, the umbrella group for local authorities.
The Scottish Government’s attitude towards FOI is another area that requires scrutiny. In recent months, officials have knocked back a series of FOI requests on the grounds that the legislation enshrines a right to information, not to documents.
Such a practice is probably the biggest threat to FOI in the five years since it was introduced. By quibbling about the definition of “information”, the Nationalists are undermining one of the most progressive pieces of legislation in 10 years.
Overall, FOI is an advertisement for how the Scottish Parliament can improve people’s lives. The act allows ordinary citizens to question authority and seek answers to issues of importance to them. Far from chipping away at people’s rights, the Scottish Government should extend this landmark piece of legislation. Sunlight is the best disinfectant."
The legislation has its flaws and - if anything - needs strengthened. But there's no doubt FOI has helped to balance relations between ordinary people and powerful organisations - that would dearly love to keep us all in the dark.
"A weapon of democracy that must be defended
Any analysis of the first 10 years of devolution would inevitably focus on the policies that have directly impacted on people’s lives: free personal care for the elderly was a popular, if controversial move; abolishing up-front tuition fees had cross-party support; and the smoking ban attracted international headlines for Scotland.
However, the Freedom of Information (Scotland) Act, passed in 2002, has been one of the most liberating pieces of legislation for the ordinary Scot. Far from being a busybody’s charter, as some feared, it has allowed parents, patients and other service users to hold public bodies to account for their decisions.
Not that everybody sees it that way. A growing number of public officials see freedom of information (FOI) as a nuisance and a drain on the public purse.
However, the legislation should be celebrated, not criticised. Since 2005 – when the act came into force – public bodies have released valuable information on crime hot-spots, mortality rates for surgeons, PFI contracts and much more. Today’s investigation on GP funding in our news section is also FOI-based.
It has also proved to be a valuable tool for cleaning out the political stable. When Information Commissioner Kevin Dunion ruled that the Scottish Parliament should release all of former Tory leader David McLetchie’s taxi receipts – thus prompting his resignation - the decision ushered in a transparency revolution at Holyrood.
Quango-land has also learned to spend taxpayers’ money more wisely as a result of FOI. Had it not been for the right-to-know legislation, the public would never have known about the globe-trotting activities of senior officials at the Strathclyde Partnership for Transport, three of whom resigned last week.
In addition, FOI is far from being simply a tool for journalists to hold public bodies to account. The overwhelming majority of requests, and appeals, have been made by members of the public. It is a genuine “right to know” for the average citizen.
Half a decade since it came in to force, it’s time to ask how the freedom of information system can be refined and improved. One reform, currently being explored by the Scottish Government, is to extend the provision of the act to other bodies in receipt of public funding. This should include private prisons, arms-length bodies set up by councils, and membership groups that depend on public subsidy to exist. Top of the list has to be Cosla, the umbrella group for local authorities.
The Scottish Government’s attitude towards FOI is another area that requires scrutiny. In recent months, officials have knocked back a series of FOI requests on the grounds that the legislation enshrines a right to information, not to documents.
Such a practice is probably the biggest threat to FOI in the five years since it was introduced. By quibbling about the definition of “information”, the Nationalists are undermining one of the most progressive pieces of legislation in 10 years.
Overall, FOI is an advertisement for how the Scottish Parliament can improve people’s lives. The act allows ordinary citizens to question authority and seek answers to issues of importance to them. Far from chipping away at people’s rights, the Scottish Government should extend this landmark piece of legislation. Sunlight is the best disinfectant."
