According to the Scottish Executive, the review will consider:
coverage of the Act, the fees regime, statutory prohibitions to
disclosure of information, general feedback on discharge of
functions under the Act and any areas where difficulty is
arising.
“The Act has been operating for almost a year and it will take
some time to properly judge the overall success,” said Scottish
Minister for Parliamentary Business Margaret Curran. “However,
while it may be too early to judge any need for wholesale change, I
am convinced there is benefit in reviewing certain aspects of its
operation.”
The Freedom of Information (Scotland) Act (FOISA) came into
force on 1st January 2005 and created a right of access to
information held by devolved Scottish public authorities, with a
limited number of narrowly drawn exemptions to protect sensitive
information. It follows the UK Freedom of Information Act, passed
in 2000, the major provisions of which also came into force on 1st
January.
Also published yesterday were the results of a survey carried
out on behalf of the Scottish Information Commissioner, Kevin
Dunion, into the public’s awareness of its rights under FOISA.
This confirmed that public awareness of both the Act and the
Commissioner’s role have increased during the year to October.
Almost 60% of people had definitely heard of the Act, while 20%
definitely had, or thought they had, heard of the Commissioner.
However, the survey – the third of its kind since August 2004 –
also reports a decline in public belief that authorities are
becoming more open and accountable as a result of the Act. The
number of people who “agreed strongly” with that proposition fell
from 47% to 34% between April and October this year.
The telephone survey of 1004 Scots, carried out by Scottish
Opinion, also reveals that 8% of respondents had made a written
request for information held by a public authority – up from 4% at
the time of the last survey in April.
Kevin Dunion, the Scottish Information Commissioner,
commented:
“Already the Act is being used by thousands
of people across Scotland and we can expect that number to grow as
awareness increases of its potential use and relevance to
individuals.”
“However the number of appeals to my office
is significantly higher than expected, and that suggests that some
authorities are still coming to terms with the requirements of the
Act, whether it be in providing information requested or in
justifying withholding it. Whatever the initial challenge caused by
implementation I think it is important for all public authorities
to realise the long-term benefits of openness, transparency and
accountability to the public.”
