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Official Report: search what was said in Parliament

The Official Report is a written record of public meetings of the Parliament and committees.  

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Dates of parliamentary sessions
  1. Session 1: 12 May 1999 to 31 March 2003
  2. Session 2: 7 May 2003 to 2 April 2007
  3. Session 3: 9 May 2007 to 22 March 2011
  4. Session 4: 11 May 2011 to 23 March 2016
  5. Session 5: 12 May 2016 to 5 May 2021
  6. Current session: 12 May 2021 to 27 April 2025
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Displaying 2186 contributions

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Standards, Procedures and Public Appointments Committee

Scottish Information Commissioner

Meeting date: 22 February 2024

Stephen Kerr

I do not think that you will.

Standards, Procedures and Public Appointments Committee

Scottish Information Commissioner

Meeting date: 22 February 2024

Stephen Kerr

The application of law.

Standards, Procedures and Public Appointments Committee

Scottish Information Commissioner

Meeting date: 22 February 2024

Stephen Kerr

That is a fair response.

Standards, Procedures and Public Appointments Committee

Scottish Information Commissioner

Meeting date: 22 February 2024

Stephen Kerr

And the Scottish Government now accepts that it has that information. We will have to leave that there, because I am sure that the convener will stop me otherwise. I am pushing the envelope, but that is all part of the transparency of the job.

You mentioned your disappointment with regard to the Government’s attitude to amending the act. Can you explore that a bit more? Where would you have liked to see a more positive response from the Government?

Standards, Procedures and Public Appointments Committee

Scottish Information Commissioner

Meeting date: 22 February 2024

Stephen Kerr

Let alone ChatGPT.

Standards, Procedures and Public Appointments Committee

Scottish Information Commissioner

Meeting date: 22 February 2024

Stephen Kerr

It is such a waste of time and money compared with what you suggest, which would be a far more open approach to information management.

I want to ask you about Katy Clark’s proposed member’s bill. I was intrigued by something, and I probably need you to help me understand what it means. Her proposed bill includes provisions such as the creation of a new statutory officer with designated responsibility for FOI in public authorities. I think that your office’s response to that was “Partially supportive”. I hope that no one will be offended by this, but I think that that is like being partly pregnant. Are you for it or against it? It would be useful to know. Again, I hope that no one has been offended by my reference.

Standards, Procedures and Public Appointments Committee

Scottish Information Commissioner

Meeting date: 22 February 2024

Stephen Kerr

Well, a person either is or is not pregnant.

Standards, Procedures and Public Appointments Committee

Scottish Information Commissioner

Meeting date: 22 February 2024

Stephen Kerr

Yes. If you create just one role with responsibility for something that is good across the whole organisation culturally, the rest of the organisation will go to sleep on that cultural value. That is as true of quality as it is of information.

Your response also refers to the reduction in exemptions to the 2002 act. I think that this relates to a redefinition in the proposed bill of what is FOI-able, particularly in relation to procurement—as I understand the bill—and your response to that proposal was that you are “partially opposed”. What do you mean by that?

Standards, Procedures and Public Appointments Committee

Scottish Information Commissioner

Meeting date: 22 February 2024

Stephen Kerr

I applaud what you have just said about transparency—that is effectively what you have been talking about. In your initial reflections to the committee this morning, you discussed how you felt that FOI was in a reasonably good place in Scotland, but that is not the same thing as saying that the culture that surrounds transparency and accountability is in a good place.

This is a difficult question, but I do not think that you will ever be in a better position to answer it, because, after only 16 weeks in post, you are brand new. What is your assessment of the overall public sector culture in respect of transparency, accountability and accessibility?

Standards, Procedures and Public Appointments Committee

Scottish Information Commissioner

Meeting date: 22 February 2024

Stephen Kerr

What are the obstacles to that? What is seen as a barrier by the senior echelons of public sector organisations? What is the downside?