This item was published during the term of a previous administration that ended in April 2007
Listen
Jim Wallace promises to introduce a Scottish Freedom of Information Bill
23/06/1999
The Deputy First Minister Jim Wallace MSP today gave a commitment to the Scottish Parliament to introduce a Scottish Freedom of Information Bill at the earliest opportunity.
Mr Wallace left the Parliament in no doubt what the Scottish Executive meant by its commitment to introduce an effective freedom of information regime.
The Deputy First Minister told MSPs:
"We mean a Scottish Freedom of Information Bill introduced in this Parliament, scrutinised by this Parliament and enacted at the hand of this Parliament."
Mr Wallace also announced that, for the first time ever, Scotland will be covered by its own Code of Practice on Access to Scottish Executive Information. The Code, which is published today, will come into effect on July 1 and will remain in place until a Freedom of Information Bill goes through the Scottish Parliament.
Jim Wallace said:
"This is a subject that I know I and many other Members of this Parliament feel very strongly about. On being elected as the Member of Parliament for Orkney and Shetland in 1983 I was asked what Private Members Bill I would like to bring forward if I were lucky in the ballot. Sixteen years ago I said that I would like to introduce a Freedom of Information Bill but I never had any luck in that ballot. Fortunately, with the introduction of the Scottish Parliament an effective Scottish FOI regime no longer depends on luck.
"Scotland has the opportunity to adopt a distinctive approach to openness and create its own freedom of information regime, appropriate to a modern and open government as we approach the 21st Century. We are committed to creating open government in Scotland.
"The Partnership Agreement made it absolutely clear that the Scottish Executive would put in place an effective freedom of information regime. Let me make absolutely clear what we mean by that. We mean a Scottish Freedom of Information Bill introduced in this Parliament, scrutinised by this Parliament, and enacted at the hand of this Parliament.
"By its very nature an effective Freedom of Information Bill cannot be put on the statue books overnight. In the interim a Scottish Code of Practice on Access to Scottish Executive Information will be introduced for the first time. The Code makes it clear that information should be disclosed unless the harm likely to arise from disclosure would outweigh the public interest in making the information available.
"We are determined that the Scottish Code will be policed properly from the outset and there will be the Scottish Commissioner who takes on this role. The Commissioner will submit regular reports to Parliament and will investigate complaints, raised to him through Members, that a public authority has failed to operate adequately the provisions of the Code.
"Freedom of information is an area where a careful balance needs to be struck. The balance between the public's right to know and the reasonable expectation of public authorities to confidentiality of sensitive information.
"We shall also need to ensure that the necessary interplay and exchange of information with Westminster and with the devolved administrations in Northern Ireland and Wales can operate effectively. This arrangement is necessary to support the continued supply of information from Whitehall to the Scottish Executive.
"This is an effective and ambitious package of measures that will lead to increased openness in the governing of Scotland. At the heart of the legislation we bring to this Parliament will be a presumption of openness. What has to be recognised - and what is being recognised - is that better scrutiny leads to better Government. By making information more available we empower people, we don't weaken Government."
News Release: 1311/99
23 June 1999