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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 24 November 2024
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Displaying 1320 contributions

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Standards, Procedures and Public Appointments Committee

Scottish Information Commissioner

Meeting date: 22 February 2024

Martin Whitfield

Clearly, the question of legislation is something that we will return to.

I thank you, David, and your staff for coming to the meeting this morning. You have survived it, and we will, no doubt, see you again. If you would like to add anything, please feel free to write to the clerks in the normal way.

I now close the public part of the meeting.

10:58 Meeting continued in private until 11:18.  

Standards, Procedures and Public Appointments Committee

Decision on Taking Business in Private

Meeting date: 22 February 2024

Martin Whitfield

I am grateful.

Standards, Procedures and Public Appointments Committee

Scottish Information Commissioner

Meeting date: 22 February 2024

Martin Whitfield

You are monitoring the response rate, which is what the target is for, and SEPA’s rate is above that. You have talked about the access to information regime. Are you satisfied that that is as far along the pathway as it should be?

Standards, Procedures and Public Appointments Committee

Scottish Information Commissioner

Meeting date: 22 February 2024

Martin Whitfield

That is helpful.

In relation to intervention activity, the report outlines concerns that your ability to intervene has been restricted because of resources and so on. Can you give the committee a short explanation of how those concerns came about? It is probably more important to emphasise that you want your intervention capacity to be back to where you would hope it to be.

Standards, Procedures and Public Appointments Committee

Scottish Information Commissioner

Meeting date: 22 February 2024

Martin Whitfield

My point is that a level 4 intervention is highly unusual. Do local authorities realise the significance and importance of a level 4 intervention? Following your generic experience of level 4 interventions, are you able to say to local authorities, “Watch out, but we are here to support you, not to punish you”?

Standards, Procedures and Public Appointments Committee

Scottish Information Commissioner

Meeting date: 22 February 2024

Martin Whitfield

My final question on the issue is aimed at David Hamilton. In a sense, the approach to initiating new interventions has changed substantially in the past 16 weeks. I want to give you the opportunity to discuss the concept of being proactive about information becoming available, rather than reactive, following a request that is put in, usually from a member of the public. Is there a change in approach or is it just a response to circumstances that you have become aware of?

Standards, Procedures and Public Appointments Committee

Scottish Information Commissioner

Meeting date: 22 February 2024

Martin Whitfield

Brilliant. Thank you very much.

I will turn to Stephen Kerr or Annie Wells.

Standards, Procedures and Public Appointments Committee

Scottish Information Commissioner

Meeting date: 22 February 2024

Martin Whitfield

I am not sure that the position on pregnancy is for or against. [Laughter.]

Standards, Procedures and Public Appointments Committee

Scottish Information Commissioner

Meeting date: 22 February 2024

Martin Whitfield

I think that it relates to what your submission says with regard to the Government’s proposals on the organisations that FOI should apply to. In your response, I think that you said it was probably best dealt with through a schedule rather than through what you call a “‘gateway’ clause”. I think that the same question was asked in a slightly different way by Katy Clark about the extent to which it should apply.

Standards, Procedures and Public Appointments Committee

Scottish Information Commissioner

Meeting date: 22 February 2024

Martin Whitfield

That is fine. It was lovely to have them.