16.03.07
By
Hamish Macdonell
Ministers in Scotland have drawn up a list of hundreds
of Scottish organisations that could become covered by freedom of information
provisions.
The Scottish executive is to contact a range of bodies – including
independent schools, charities and even newspapers – before deciding
whether to make them subject to the freedom of information (Scotland) act
(FOISA).
Margaret Curran, minister for parliamentary busin-ess, revealed the
move following the publication of a review into FOISA. She said that she would
closely examine the fee structure, but stressed that she saw no need to introduce
similar restrictions to those being considered by UK ministers.
She said, however, that she would consider bringing organisations currently
exempt from FOISA to be covered by the act.
“Ministers have the power to bring other organis-ations which
are not Scottish public authorities within the coverage of the act.
“It has always been our intention to use this pow-er when appropriate
and proportionate. The review did not provide conclusive evidence to underpin
any decisions on changes to the fees system.”
On the issue of fees, she added: “It is important FOISA strikes
a balance between encouraging use of the act by the public while not imposing
an unreasonable burden on authorities. We will be looking in more detail at
how the fee regulations are working in practice across Scotland."
The possible expansion of the Scottish FOIA foll-ows controversy over
the decision by Glasgow city council to create a charitable trust, Culture
and Sport Glasgow, to manage the council’s leisure facilities. While
the council is covered by FOISA, the charitable trust is not.
But sources close to Curran said that she was prepared to change the
law to include charitable trusts.
She will consult on a large list of organisations that were suggested
by the public to be included in FOISA. Charities that receive public funds,
private prisons, Network Rail, watchdogs and ombudsmen, and Creative Scotland,
the national arts body are likely to be brought within the act.
Other organisations on the list include independ-ent schools, which
are charities that receive a small amount of public money, and newspapers,
which are private companies.
A spokesman for Scotland’s information commiss-ioner, who regulates
FOISA, said that he was pleased the Scottish executive had not proposed any
major changes to the fee regime, adding that it “made sense” to
keep the bodies covered by the act under review.
Hamish Macdonell is Scottish political editor of The Scotsman,
where another version of this article first appeared.
Comment on this article
‘Secret Scotland’
forced open by FOISA regulator
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