Following consultation on extension of coverage, read the Scottish Government's formal response.
Consultation responses
Background
In December 2009 the Scottish Government announced that it plans to consult on whether the coverage of FOISA should be extended to one of more of the following bodies :
- Contractors who build and maintain hospitals
- Contractors who build and maintain schools
- Contractors who run privately managed prisons and provide prisoner escort and court custody services
- Contractors who operate and maintain trunk roads under private finance contracts
- The Glasgow Housing Association
- The Association of Chief Police Officers in Scotland; and
- Bodies used by local authorities to provide leisure, culture and sport services.
A summary report containing the Scottish Government's response to the discussion paper is available providing more detail about the decision to consult with these bodies.
Any extension of coverage will have financial and administrative implications for the bodies proposed to be covered. A key part of the consultation will therefore be our examination of these, particularly in light of the current economic downturn. Before making any conclusions on extending coverage we will weigh up the advantages of improved openness against any potentially negative affects on the bodies proposed.
Exploratory Discussions
The Government's decision to consult was informed by exploratory discussions on whether the coverage of FOISA should be extended to one or more of the following bodies:
- Registered social landlords
- Contractors who provide public services that are a function of a public authority (for example, contractors operating prisons)
- Local authority trusts or bodies used by local authorities (for example, bodies used by local authorities to provide leisure facilities)
At the time, the Minister for Parliamentary Business explained that:
"The organisations we are looking at in terms of coverage have not been chosen at random. They are bodies about whom concerns over a lack of coverage have consistently been raised with us. The concerns may have arisen because of changes in the way public services are delivered - for example the contracting out of services traditionally provided directly by a public authority.
"Discussions will take place before any decision is taken to formally consult. But formal consultation is not a rubber-stamping exercise. Any extension of coverage needs to be measured and appropriate.
2For example, we will look closely at the issue of the proportional impact on smaller organisations particularly in the voluntary sector.
"And I am aware there are differing arguments and there is a need to balance those. But I believe it is only right to give serious thought to extending FOI coverage in Scotland."
A Discussion Paper was published in November 2008 which sought to gauge public opinion on the matter (the date for responding closed in January 2009). The Discussion Paper and the responses received to it can be viewed below: