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Seòmar agus comataidhean

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 4 May 2021
  6. Current session: 13 May 2021 to 24 November 2025
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Displaying 1065 contributions

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Criminal Justice Committee [Draft]

Prostitution (Offences and Support) (Scotland) Bill: Stage 1

Meeting date: 19 November 2025

Katy Clark

To clarify, is the Scottish Government in favour of decriminalising women who are involved in the sex trade?

Criminal Justice Committee [Draft]

Pre-budget Scrutiny 2026-27

Meeting date: 19 November 2025

Katy Clark

My final question is about sex offenders. There has been an awful lot of debate about programmes for such offenders and whether there are effective ways to rehabilitate them. Can you say anything about how much resource the Scottish Prison Service puts into such work, the effectiveness of that work, and the budget implications should there be attempts to expand it?

Criminal Justice Committee [Draft]

Prostitution (Offences and Support) (Scotland) Bill: Stage 1

Meeting date: 19 November 2025

Katy Clark

Are you saying that you do not support decriminalisation?

Criminal Justice Committee [Draft]

Prostitution (Offences and Support) (Scotland) Bill: Stage 1

Meeting date: 19 November 2025

Katy Clark

At the moment, you are willing to accept the status quo, which is that the perpetrators, most of whom are men, behave in a lawful manner and that the women who are involved in the sex trade are criminalised. Is that acceptable?

Standards, Procedures and Public Appointments Committee [Draft]

Freedom of Information Reform (Scotland) Bill: Stage 1

Meeting date: 13 November 2025

Katy Clark

Yes—exactly.

Standards, Procedures and Public Appointments Committee [Draft]

Freedom of Information Reform (Scotland) Bill: Stage 1

Meeting date: 13 November 2025

Katy Clark

For reasons of time I will ask about just one aspect of the bill. The new offence that we have just been discussing is crafted to address an identified problem and is designed to have a deterrent effect. We knew that there were going to be FOI requests about how the Scottish Government had dealt with Covid, and that is the particular scenario that has led to the proposed provision.

Do you have experience of working with the criminal offences in the 2002 act? The provision in the bill has been crafted in the same way. Do you have any practical experience of dealing with scenarios that have led to prosecutions under the act? That existing provision is rarely used.

10:30  

Standards, Procedures and Public Appointments Committee [Draft]

Freedom of Information Reform (Scotland) Bill: Stage 1

Meeting date: 13 November 2025

Katy Clark

My question is about the proposed criminal offence. The threshold for a criminal case is “beyond reasonable doubt”. The new offence is perceived to be about closing a loophole. It would have to be shown in court that someone was intending to avoid the law by destroying information. Do you think that the new offence would be used often, given that the criminal charges that already exist are rarely used?

Standards, Procedures and Public Appointments Committee [Draft]

Freedom of Information Reform (Scotland) Bill: Stage 1

Meeting date: 13 November 2025

Katy Clark

I think that we have run out of time. Thank you.

Standards, Procedures and Public Appointments Committee [Draft]

Freedom of Information Reform (Scotland) Bill: Stage 1

Meeting date: 13 November 2025

Katy Clark

The proposal for FOI officers to have a statutory basis has come from FOI officers over an extended period, long before I got involved in the issue. FOI officers in many organisations have said that they are having difficulties in getting their organisations to comply with the legislation. I appreciate that that does not sound as if it is at all the case in Glasgow, but it is the case in other organisations. FOI officers—who are often also data protection officers, particularly in smaller organisations—are saying that having a similar statutory basis to that for data protection would give them the authority in an organisation to insist that the law was complied with. Does that make sense to you?

Standards, Procedures and Public Appointments Committee [Draft]

Freedom of Information Reform (Scotland) Bill: Stage 1

Meeting date: 13 November 2025

Katy Clark

I have a couple of questions for Kenneth Meechan. It is good to hear that the existing legislation is working well for a large organisation such as Glasgow City Council. The policy intention behind the bill is not to add costs to such organisations or to move away from the structure of the existing legislation, known as FOISA, which uses a designation approach—I think that you referred to it as a list process—but to build on that, based on 20 years of feedback from organisations, the public and information commissioners.

One of the suggested changes is a move towards proactive publication. Would the code of practice that the Scottish Information Commissioner is to issue assist local authorities such as yours in knowing what must be proactively published? We know from evidence that technology has the ability to drive down publication costs.