Commissioner makes further submission on FOI Reform

27 November 2025

Scottish Information Commissioner David Hamilton has made a further written submission to the Parliamentary Committee considering the Private Member's Bill to reform FOI, following his evidence to the Committee last week. 

The Commissioner's submission to the Public Audit and Post Legislative Scrutiny Committee provides additional supporting evidence in relation to the following areas of the FOI Reform Bill:

• First Minister's veto
  The Commissioner reiterates his support for the removal of the First Ministers power to veto certain FOI decisions, noting that any use of this power by the First Minister would, by its nature, be contrary to the public interest.
   
• Power to require witnesses to provide evidence
  The Commissioner reiterates his support for this provision of the Bill, providing examples of the limited circumstances in which such a power would be valuable for the effective operation of Scotland's FOI regime.
   
• Parliamentary power to designate bodies under FOI
  The Commissioner also reiterates his support for this measure, noting that he would expect this parliamentary power to be used as a 'backstop' enabling the Scottish Parliament to take action in circumstances where essential designations had not been made by Ministers.
   
• Exemption for information provided to the Commissioner
  The Commissioner expresses his agreement with the view of the Scottish Government that the proposal for a new exemption in this area should be limited to use by the Commissioner.
   
• Financial impact of the Bill
  The Commissioner responds to elements of the Scottish Government's written submission to the Committee, in particular noting that, in his view, certain projections in relation to the financial impact of the Bill may be overstated.

You can read the Commissioner's further written submission to the Committee here.

Further information on the FOI Reform Bill, including recordings and transcripts of previous evidence sessions, is available on the Scottish Parliament's website.

The Commissioner's full response to Parliament on the FOI Reform Bill is published here.