Information Rights Concern Raised

There are real concerns'' that the public right to information is being reduced by the changing way public services are provided, Scotland's Information Commissioner has warned.

Landmark Freedom of Information (FoI) legislation was introduced almost 10 years ago, with Rosemary Agnew saying it was generally in good health''.

But Ms Agnew said while support for FoI had increased, changes to the way that services are delivered, such as the stock transfer of some council homes to housing associations, meant the right to information was at risk of being eroded.

She said there should be a constructive and grown-up debate'' about how to ensure that FoI rightskeep pace with change rather than fall increasingly behind''.

Scotland's Information Commissioner spoke out ahead of a special conference in Edinburgh being held to mark 10 years of the legislation.

Awareness of FoI laws are at an all-time high, with research by Ipos Mori for the commissioner revealing 84% of people had heard of the Act - the highest total ever.

Meanwhile, 95% of those surveyed agreed it was important for the public to be able to access information which is held by public authorities while 94% believe it is important to help hold these organisations to account for their spending decisions.

Only 8% of those questioned think that FoI is a waste of public cash, with 86% of people disagreeing with this.

Ms Agnew said: It is a credit to Scotland that the public's awareness of, and support for, information rights is at an all-time high.

Access to information is one of a range of mechanisms through which citizens can engage with public bodies and hold them to account for their performance, their spending and their decision-making.

I'm pleased to report that, as it approaches its 10th anniversary, Scottish FoI is in generally good health.

Data from public authorities suggest that over 60,000 FoI requests were made in 2013/14, with more than 90% resulting in all or some of the information being provided, and less than 1% being appealed to me.

Put together, this all paints a picture of an FoI right that is known about, valued and used."

But she added: It's not all positive news though. At the same time as support for FoI has increased, real concerns have arisen that FoI rights are being lost as the delivery of public services changes and more services are provided by the private sector and others.

For example, in the 10 years since FoI came into force, it is estimated that over 15,000 households in Scotland have lost information rights through the transfer of local authority stock to housing associations.

It is a loss not only to the households themselves but to the public at large, calling to question whether such a vital service can truly be open and accountable.

I am also not convinced that enough consideration has been given to extending the coverage of FoI to new areas.''

Ms Agnew revealed that she was now preparing a special report on this important issue'' for Holyrood, which is due to be published in January.

My aim is for the report to promote a constructive and grown-up debate about how we collectively ensure that rights keep pace with change, rather than fall increasingly behind.''

FoI legislation came into force on January 1 2005 and speakers at today's conference include former deputy first minister Lord Wallace of Tankerness, who introduced the Bill to the Scottish Parliament, UK Information Commissioner Christopher Graham and Scottish minister for parliamentary business Joe Fitzpatrick.

Mr Fitzpatrick said: FoI has become a vital tool for journalists, researchers and, most of all, the wider public. I am pleased that Scotland has the most robust Freedom of Information regime in the UK and last year over 60,000 requests for information were made to Scottish public authorities.

It is important that public bodies stay up to date with how people like to request and receive information. This is why the Scottish Government has updated its Code of Practice which provides new and additional guidance on a range of key issues to promote good FoI practice among public bodies.

In considering any extension of coverage to housing associations it would be important to balance extension of the legislation against increasing regulatory burden as housing associations are not public bodies.

The Scottish Government has already sought to increase access to information from housing associations by means of the Scottish Social Housing Charter. This came into effect in 2012 and places a number of compulsory obligations on social landlords. Included in the Charter is the requirement on social landlords to make it easy for tenants and other customers to get the information they need about their landlord. The Charter also makes it easy for tenants to make complaints and provide feedback on landlord services.''