Good Kick Up The Backside
The Scottish Information Commissioner has given SNP ministers a good kick up the backside over their poor practice in handling freedom of information (FOI) requests.
Here's a summary of what the Commissioner had to say and a link to the full report is at the bottom of this page.
Intervention 201702106: Scottish Government
Intervention Report: Assessment Phase
On 13 June 2018 the Commissioner published his report following the assessment phase of his intervention into the Scottish Government's FOI practice and performance. The full report is available to download below.
- The report details the findings of the Commissioner's extensive assessment. These include:
- It is an important principle of FOI law that, in most cases, it should not matter who asks for information. The practice of referring requests for clearance by Ministers simply because they come from journalists, MSPs and researchers is inconsistent with that principle.
- The Scottish Government's FOI policies and procedures are not clear enough about the role of special advisers in responding to FOI requests.
- The Scottish Government takes longer to respond to journalists' FOI requests than other requests, but in only one case did the Commissioner find evidence that delay was deliberate.
- The Scottish Government's FOI practice has improved significantly over the last year, following the Commissioner's first intervention: average response times to all requests, including journalists' requests have reduced.
- The Commissioner makes seven recommendations for further specific improvements to: clearance procedures; quality assurance of FOI responses; training; case handling and case records management; monitoring FOI requests and review procedures.
- Statistical analysis of data from 7,318 FOI requests received by the Scottish Government between December 2014 and December 2017
- Inspection of 104 individual Scottish Government FOI case files
- Examination of 87 appeals to the Commissioner about the Scottish Government's handling of FOI requests
- Review of the Scottish Government's FOI guidance and procedures
- Face-to-face interviews with 31 Scottish Government officials and four Cabinet Secretaries.
Read and/or download the full SIC report via the following link:
http://www.itspublicknowledge.info/home/AboutSIC/WhatWeDo/Intervention201702016ScottishGovernment.aspx
Here's an interesting article from The Herald which reports that Scottish ministers have been heavily criticised by the independent Scottish Information Commissioner (SIC) over the SNP Government's twin-track approach to freedom of information (FOI) requests.
I've not read the full report as yet, but reading between the lines it seems pretty obvious that FOI requests from people who are thought of as 'awkward or difficult' have been treated differently from 'ordinary' members of the public.
I get the feeling something similar is happening to my FOI requests to Glasgow City Council because senior officials have taken to blocking my requests for information about the WPBR on a 'blanket basis' which ignores the Council's duty to be helpful to requesters under the Freedom of Information (Scotland) Act 2002.
I suspect we've not heard the end of this particular and well done to the Scottish Information Commissioner for standing up to the Scottish Government.
http://www.heraldscotland.com/news/16287484.SNP_ministers_found_to_be_operating_secret_twin-track_FOI_regime/?ref=twtrec
SNP ministers found to be operating secret twin-track FOI regime
The Awkward Squad (15/06/18)
Here's an interesting article from The Herald which reports that Scottish ministers have been heavily criticised by the independent Scottish Information Commissioner (SIC) over the SNP Government's twin-track approach to freedom of information (FOI) requests.
I've not read the full report as yet, but reading between the lines it seems pretty obvious that FOI requests from people who are thought of as 'awkward or difficult' have been treated differently from 'ordinary' members of the public.
I get the feeling something similar is happening to my FOI requests to Glasgow City Council because senior officials have taken to blocking my requests for information about the WPBR on a 'blanket basis' which ignores the Council's duty to be helpful to requesters under the Freedom of Information (Scotland) Act 2002.
I suspect we've not heard the end of this particular and well done to the Scottish Information Commissioner for standing up to the Scottish Government.
http://www.heraldscotland.com/news/16287484.SNP_ministers_found_to_be_operating_secret_twin-track_FOI_regime/?ref=twtrec
SNP ministers found to be operating secret twin-track FOI regime
By Alistair Grant - The Herald
Daren Fitzhenry - Scottish Information Commissioner.
SNP MINISTERS have been operating a secret twin-track freedom of information regime, making it tougher for those most likely to embarass them.
Scotland’s information watchdog found evidence journalists have been “significantly less likely to receive information” in previous years, with “unjustifiable, significant delays” and disregard for legal timescales.
It comes amid on ongoing row over the Scottish Government’s handling of FoI requests and the involvement of special advisers.
Critics branded the findings "outrageous", and accused the SNP of meddling in the FoI process to "stop bad news happening".
In a humiliating intervention, the Scottish Information Commissioner Daren Fitzhenry called on the Government to end its practice of treating journalists, MSPs and political researchers differently “because of who or what they are”.
His report found: “Journalists, together with MSPs and political researchers, are expressly made subject to a different process for clearance than other requester groups.
“This is inconsistent with the applicant-blind principle of FoI legislation. Their requests are almost invariably subjected to an additional layer of clearance which is likely to delay consideration of the case.”
In 2015/16, only 27 per cent of media requests were met with full disclosure, compared with 42 per cent of FoIs submitted by others.
When she took office, First Minister Nicola Sturgeon vowed to lead the most open and accessible government ever.
But Scottish Conservative MSP Adam Tomkins insisted the report “exposes Nicola Sturgeon’s secret Scotland”.
He said: “It reveals an SNP government which not only deliberately stands in the way of legally-binding FoI requests made by the media, but goes to great lengths to delay or influence what information is provided.
“That is completely contrary to Scotland’s FoI legislation. People will see this report and conclude the SNP government is trying to stop bad news happening, and its woeful performance being publicised, by meddling in this process.
“That is outrageous, and all cabinet ministers involved, and indeed the First Minister, have urgent questions to answer.”
Daren Fitzhenry - Scottish Information Commissioner.
SNP MINISTERS have been operating a secret twin-track freedom of information regime, making it tougher for those most likely to embarass them.
Scotland’s information watchdog found evidence journalists have been “significantly less likely to receive information” in previous years, with “unjustifiable, significant delays” and disregard for legal timescales.
It comes amid on ongoing row over the Scottish Government’s handling of FoI requests and the involvement of special advisers.
Critics branded the findings "outrageous", and accused the SNP of meddling in the FoI process to "stop bad news happening".
In a humiliating intervention, the Scottish Information Commissioner Daren Fitzhenry called on the Government to end its practice of treating journalists, MSPs and political researchers differently “because of who or what they are”.
His report found: “Journalists, together with MSPs and political researchers, are expressly made subject to a different process for clearance than other requester groups.
“This is inconsistent with the applicant-blind principle of FoI legislation. Their requests are almost invariably subjected to an additional layer of clearance which is likely to delay consideration of the case.”
In 2015/16, only 27 per cent of media requests were met with full disclosure, compared with 42 per cent of FoIs submitted by others.
When she took office, First Minister Nicola Sturgeon vowed to lead the most open and accessible government ever.
But Scottish Conservative MSP Adam Tomkins insisted the report “exposes Nicola Sturgeon’s secret Scotland”.
He said: “It reveals an SNP government which not only deliberately stands in the way of legally-binding FoI requests made by the media, but goes to great lengths to delay or influence what information is provided.
“That is completely contrary to Scotland’s FoI legislation. People will see this report and conclude the SNP government is trying to stop bad news happening, and its woeful performance being publicised, by meddling in this process.
“That is outrageous, and all cabinet ministers involved, and indeed the First Minister, have urgent questions to answer.”
