Post-Legislative Scrutiny of the Freedom of Information (Scotland) Act 2002

For some time now the Scottish Parliament’s Public Audit and Post-Legislative Scrutiny Committee has been considering whether to undertake post-legislative scrutiny of the Freedom of Information (Scotland) Act 2002. The Committee’s decision on whether to undertake post-legislative scrutiny of FOISA was delayed while they awaited the Scottish Information Commissioner concluding his intervention in respect of the Scottish Government.

Yesterday, after hearing again from the Scottish Information Commissioner and his Head of Enforcement, the Committee took a decision (in private), as recorded in the Minutes [pdf], to undertake post-legislative scrutiny of FOISA.

It is not yet clear how the Committee will undertake its post-legislative scrutiny or what the timetable will be; but what can now be said is that there will be formal post-legislative scrutiny of FOISA by a committee of the Scottish Parliament for the first time since FOISA was enacted in 2002. Much has changed since FOISA was enacted and while the Act generally performs fairly well, there are undoubtedly some areas which are ripe for improvement.

Once we know more about the details of the post-legislative scrutiny I will, of course, blog about it.

Alistair Sloan

We are able to provide advice and assistance in connection with a range of Freedom of Information matters, including appeals against decisions of both the Scottish and UK Information Commissioners.  If you would like to do discuss a Freedom of Information, or any other Information Law, matter with us then you can contact Alistair Sloan on 0141 229 0880.  Alternatively, you can send him an E-mail.

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