FoI 'should cover all public service providers'

8 Mar 11
Private firms that provide public services in Scotland should be subject to Freedom of Information laws, according to the watchdog that oversees rules on disclosure
By David Scott in Edinburgh

8 March 2011

Private firms that provide public services in Scotland should be subject to Freedom of Information laws, according to the watchdog that oversees rules on disclosure.

Scottish Information Commissioner Kevin Dunion said he was very disappointed that the Scottish Government was not going to extend Freedom of Information rules to bodies currently not covered by the legislation.

These include contractors that maintain schools and hospitals, private prisons, local authority leisure trusts and the Glasgow Housing Association, one of Europe’s biggest landlords, which is responsible for homes formerly owned by the city council.

In his annual report, published today, Dunion said:  ‘The fact that the powers to designate additional bodies have not yet been used runs contrary to the assurances which were given in the Scottish Parliament when the original legislation was passed nearly nine years ago.

‘The right to know is being eroded as public services are delivered by arm’s-length bodies and, instead of leading the way on FoI, we are in danger of falling behind.’

The commissioner said there were signs that spending cuts were driving people to make more use of FoI rights as they tried to understand how scarce public money is being used.

His report revealed that enquiries about using FoI had grown by 12% last year and by 38% since 2007.

 ‘People are increasingly making use of their rights to information,’ Dunion said. ‘This is sure to continue as more people want to understand the rationale behind spending cuts.’

He said he was concerned at the beginning of 2010 that the Scottish Government and a small number of other authorities were taking a highly restrictive view as to what constituted a valid request for information, with many requests to those authorities being refused simply because they had asked for a document or a copy of correspondence.

Dunion added:  ‘However, in the course of the year my decisions on this issue have not been challenged and, for the most part, applicants are not now being refused information on this basis.’

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