Sandbox

Introduction

This open Wiki page is intended to collect together proposals, campaign asks and evidence on opening up Scotland's public institutions.

We hope the Open Government Scotland network can use this to develop letters, campaigns, awareness raising or to support meetings with influencers.

Why do we need this?

Recent developments: What should we ask for? Scottish Parliament Public Audit and Post-legislative Scrutiny Committee
 * Concerns raised by Scottish Parliament and    others about the transparency of the Scottish Police Authority has     garnered media attention
 * Concerns raised by mainstream media    journalists in Scotland around handling of Freedom of Information requests     by Scottish Government
 * Opportunities to use Scotland's Pioneer    status, and Scottish Government's Open Government Action plan to take a     step up in transparency of public institutions this year.

Deadline: Friday 28 July 2017

Purpose:

The Committee can decide to consider previous Acts of the Scottish Parliament to determine whether they have achieved their intended purpose. This may mean examining a specific part of an Act rather than examining the legislation as a whole.

Questions to consider[2]:
 * Do you consider that the Act has had    sufficient time to have made a difference? The Committee is unlikely to consider Acts     that have only recently come into force.


 * Does the Act have a measurable outcome or    policy objective, and has it fulfilled its intended purpose? When a Bill is introduced, a separate     document called the Policy Memorandum explains why the Bill has been     proposed and describes the objectives and outcomes it is designed to     achieve. Has the Act been effective in delivering these objectives and     outcomes?


 * Has another committee of the Parliament    already carried out post-legislative scrutiny of the Act? Other committees of the Parliament have     always been able to undertake post-legislative scrutiny and will continue     to do so. It is therefore important to avoid possible duplication; having     said that, if the scrutiny was undertaken more than five years ago, we may     wish to revisit the legislation.


 * Does the Act contain an in-built mechanism for    post-legislative scrutiny? The     High Hedges (Scotland) Act 2013, for example, was amended to allow for a     review of the operation of the Act to take place within a specific     timeframe. It is anticipated that the relevant subject committee would     therefore undertake post-legislative scrutiny at the appropriate time.


 * Has the Act been subject to, or could it be    subject to, significant revision? The     Scottish Government outlines its legislative programme on an annual basis,     which may contain proposals for Bills that would alter existing Acts or     perhaps even repeal an Act. MSPs and Committees can also seek to introduce     bills. If the Government has said it will be reviewing or is planning to     amend the legislation, we would not want to duplicate that work.


 * Would there really be merit in undertaking    post-legislative scrutiny of the Act? For example, does the Act deal with a very     technical or minor issue?

Drafts
 * Is the Act subject to legal challenge? The Committee is not allowed to consider any    matter that is sub judice; in other words, the Committee would not     consider an Act that is being reviewed in the courts.

Letter to Scottish Parliament Public Audit and Post-legislative Scrutiny Committee

The Scottish Government has committted itself to principles of transparency, openess, and accessibility. The First Minister committed her Government to be an "outward looking Government which is more open and accessible to Scotland's peoples than ever before" and for her Government and public services: "to be known for the quality of our relationship with Scotland's communities"[3]. One of the vital mechanisms for fostering that engagement with Scotland's peoples is a properly functioning freedom of information law. Recently, however, concerns have been raised from across areas of society in Scotland regarding the effectiveness of the Freedom of Information (Scotland) Act 2002. Including:

- A coalition of journalists from across the media landscape in Scotland raising concerns about the treatment and management of freedom of information requests.[4]

- Motions from Members of Scottish Parliament.[5]

- Statements from the outgoing Scottish Information Commissioner.[6]

- The failure of the Freedom of Information (Scotland) Act 2002 to apply to quasi-public bodies, delivering large public sector projects.[7]

- [MORE TO BE ADDED]

These concerns are at a sufficient level, and represent a significantly wide array of society that we believe the Freedom of Information (Scotland) Act 2002 should be examined by the Scottish Parliament’s Public Audit and Post-legislative Scrutiny Committee.

[MORE TO BE ADDED]