News In Focus

12 December 2005

Mixed impact of FoI law so far

More Scots are using their rights under the Freedom of Information Act, but doubts remain over whether public authorities are becoming more open and accountable, according to a survey carried out for the Information Commissioner's office.

Kevin Dunion, the Commissioner, said that experience of the first year's operation of the Act was in line with that of other democracies that had introduced such laws.

However the number of appeals to his office was significantly higher than expected, which suggested that some authorities were still coming to terms with the Act, either as respects the duty to provide information or to justify withholding it.

Awareness

Public awareness of the Act is running at around 60%, according to the survey, while 8% have now made a written request to a public authority. The proportion of those who "strongly agree" that authorities are becoming more open and accountable fell from 47 to 34% in the six months to October.

Mr Dunion said that whatever the challenge posed by implementation, it was important for public authorities to realise the long term benefits of openness and accountability.

Executive starts review

Speaking at a conference on the Act today, Margaret Curran, Minister for Parliamentary Business announced a review of aspects of the Act (FOISA) with the aim of ensuring that it strikes a balance between those seeking information and the public bodies supplying it.

Mrs Curran suggested that up-front fees be introduced for applications, as are imposed in Australia, Canada and Ireland, and a re-examination of the public bodies and areas of information that can claim exemptions from the Act.

She also told journalists that the purpose of the Act was not to do their research for them.

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