Goodwill rules in FoI review

I was privileged to be part of an event yesterday at which leading practitioners in the field of freedom of information exchanged views on how far the principle has come, and what might happen next.

The round table discussion was the initiative of Scottish Information Commissioner Kevin Dunion, and attracted key participants from central and local government, other public bodies, and private legal practitioners – not to mention the Campaign for Freedom of Information. Timed to mark the fifth anniversary of the Scottish legislation coming into force, it also comes just ahead of the promised consultation from the Scottish Government on how the Act might be extended.

My target now is to try and write it up in time for next month's Journal. There is no shortage of material to sort through.

Discussion opened with views on what the Act has achieved already. There was no disagreement that it has brought a major culture change within government, though naturally views differed over how far we have come and what has still to be won in this respect. It struck me however that all present affirmed the commitment of their organisations to the principle, while admitting that there remain individuals or bodies who are not so willing.

An interesting point to emerge was that public bodies sometimes have reasons to prefer the security of a Commissioner's ruling on a request, so that a refusal does not always indicate an obstructive attitude.

Going forward, definitional problems were recognised if the right is to be extended to, say, those providing services under contract with public bodies. Perhaps the bodies themselves should be required to hold relevant information in that case, was one proposal. But how to ensure that this covers all information that might foreseeably be requested?

Some comment was also made that in some jurisdictions where the right has operated for longer, its practice has become less rather than more effective if the broad focus with which it was instituted has not been maintained. Let us hope that recognition of the risk will help avoid such a fate in Scotland.

And events like this, where experts with very different perspectives can engage in open and honest debate, can only serve to strengthen freedom of information as integral to the administration of this country.