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Introduction
8.1 We have set out in this document proposals for a statutory Freedom of Information regime to apply generally to Scottish public authorities. As part of the wider commitment to run an open administration, and in keeping with the principles of openness set out in the report of the Consultative Steering Group on the Scottish Parliament, the Scottish Ministers are committed to achieving a culture of openness within the public sector. This is an essential foundation for the successful implementation of the Freedom of Information legislation. Elements of the legislation, such as the duty to publish information, will of course themselves contribute to a culture of greater openness.
8.2 This Chapter describes how work on fostering a greater culture of openness will be taken forward.
Building on existing arrangements
8.3 There is a solid foundation of non-statutory but well understood openness arrangements on which the statutory Freedom of Information regime will build. For instance, the UK Government's Code of Practice on Access to Government Information was followed by The Scottish Office and a number of Scottish public bodies from its introduction in 1994 and the Code of Practice on Access to Scottish Executive Information is now in operation. The National Health Service and local government in Scotland have also followed their own openness Codes for several years. These have involved independent appeals mechanisms and scrutiny by Parliament. We are committed to maintaining the momentum towards an open and accountable administration.
8.4 The introduction of a statutory openness regime will nonetheless bring with it new obligations, particularly on those Scottish public authorities and service providers such as schools and the police who have not hitherto had to operate a formal openness regime. Given the proposed institutional coverage of the statutory regime and the range of information which might be covered, we envisage the need for a staged implementation of the Freedom of Information legislation. We propose that the Code of Practice on Access to Scottish Executive Information would continue in place during the transition period.
8.5 We will consider carefully the programme of work which might be necessary to foster a culture of greater openness in Scottish public authorities. The following sections highlight a number of the issues we consider it necessary to address in this regard. This programme of work will represent a significant undertaking.
Co-ordination
8.6 We propose that there be a dedicated centre of expertise within the Executive, to which Scottish public authorities can turn for advice and guidance on the operation of the legislation. This office will have a role in promoting openness across the whole of the public sector and will liaise closely with the Scottish Information Commissioner.
Pro-active publication
8.7 All Scottish public authorities will be encouraged and assisted to fulfil their obligations to pursue pro-active openness. They will require guidance and advice on developing schemes for the publication of information.
Training and awareness
8.8 It will be essential that staff in the public sector have the necessary competence to manage the pro-active release of information and respond to requests for information. A dedicated training and awareness programme will be required, and will be provided. This will be a high priority for staff of the Executive itself.
Guidance
8.9 Scottish public authorities will require comprehensive guidance on implementing the legislation, including advice on operating the appeals machinery. Consistency in application of the legislation will be essential. The Executive will issue detailed guidance, and consider the need for cross-sector seminars with involvement by Ministers.
Monitoring and reporting
8.10 As with the non-statutory Code of Practice, the operation of the Act will be monitored and an annual report laid before the Scottish Parliament. We would envisage that the Justice and Home Affairs Committee would want to take a close interest in this issue.
Scottish Information Commissioner
8.11 The proposed Scottish Information Commissioner will be pivotal in fostering a culture of greater openness within Scottish public authorities. The Commissioner will also promote Freedom of Information in general and raise public awareness and understanding of the legislation. The Commissioner will also be involved in reporting on the operation of the statutory regime and in assisting Scottish public authorities to fulfil their obligations to publish information rather than only react to requests for information.
8.12 Effective openness will depend on a combination of encouragement and support from within the Executive and Scottish public authorities generally, and from the Commissioner and other groups, and Scottish public authorities adopting a positive and open approach to the disclosure of information and fully implementing both the letter and the spirit of the legislation.
Working Group
8.13 A Working Group of senior officials from the Executive and a cross-section of Scottish public authorities will be established to oversee the work on preparing the way for the successful implementation of the legislation. We also propose drawing on the results of the Advisory Group on Openness in the Public Sector, established by the Home Secretary to advise on promoting cultural change in the public sector to encourage greater openness.
8.14 Finally, we shall keep the development of the culture under close review, and we shall be ready to reinforce it in practical and effective ways if and when that becomes necessary.
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