The Official Report is a written record of public meetings of the Parliament and committees.
All Official Reports of meetings in the Debating Chamber of the Scottish Parliament.
All Official Reports of public meetings of committees.
Displaying 1073 contributions
Delegated Powers and Law Reform Committee
Meeting date: 2 December 2025
Katy Clark
That would be fine. Your position, then, is that this is a codification of current law. There is no intention to change the law—this simply codifies what is already there.
Delegated Powers and Law Reform Committee
Meeting date: 2 December 2025
Katy Clark
Obviously, if you want to write to us further on that, that will be very helpful.
Delegated Powers and Law Reform Committee
Meeting date: 2 December 2025
Katy Clark
It is helpful that that has been put on the record.
On the provisions on the law of retention, I note that proposed new section 21A(4) states that the effects of retention
“must not be clearly disproportionate to the effects of the breach”
of contract. Can you clarify exactly what “clearly disproportionate” means? Why is that going to be included in the bill?
Standards, Procedures and Public Appointments Committee [Draft]
Meeting date: 13 November 2025
Katy Clark
For reasons of time I will ask about just one aspect of the bill. The new offence that we have just been discussing is crafted to address an identified problem and is designed to have a deterrent effect. We knew that there were going to be FOI requests about how the Scottish Government had dealt with Covid, and that is the particular scenario that has led to the proposed provision.
Do you have experience of working with the criminal offences in the 2002 act? The provision in the bill has been crafted in the same way. Do you have any practical experience of dealing with scenarios that have led to prosecutions under the act? That existing provision is rarely used.
10:30Standards, Procedures and Public Appointments Committee [Draft]
Meeting date: 13 November 2025
Katy Clark
My question is about the proposed criminal offence. The threshold for a criminal case is “beyond reasonable doubt”. The new offence is perceived to be about closing a loophole. It would have to be shown in court that someone was intending to avoid the law by destroying information. Do you think that the new offence would be used often, given that the criminal charges that already exist are rarely used?
Standards, Procedures and Public Appointments Committee [Draft]
Meeting date: 13 November 2025
Katy Clark
I think that we have run out of time. Thank you.
Standards, Procedures and Public Appointments Committee [Draft]
Meeting date: 13 November 2025
Katy Clark
The proposal for FOI officers to have a statutory basis has come from FOI officers over an extended period, long before I got involved in the issue. FOI officers in many organisations have said that they are having difficulties in getting their organisations to comply with the legislation. I appreciate that that does not sound as if it is at all the case in Glasgow, but it is the case in other organisations. FOI officers—who are often also data protection officers, particularly in smaller organisations—are saying that having a similar statutory basis to that for data protection would give them the authority in an organisation to insist that the law was complied with. Does that make sense to you?
Standards, Procedures and Public Appointments Committee [Draft]
Meeting date: 13 November 2025
Katy Clark
Yes—exactly.
Standards, Procedures and Public Appointments Committee [Draft]
Meeting date: 13 November 2025
Katy Clark (West Scotland) (Lab)
I have a couple of questions for Kenneth Meechan. It is good to hear that the existing legislation is working well for a large organisation such as Glasgow City Council. The policy intention behind the bill is not to add costs to such organisations or to move away from the structure of the existing legislation, known as FOISA, which uses a designation approach—I think that you referred to it as a list process—but to build on that, based on 20 years of feedback from organisations, the public and information commissioners.
One of the suggested changes is a move towards proactive publication. Would the code of practice that the Scottish Information Commissioner is to issue assist local authorities such as yours in knowing what must be proactively published? We know from evidence that technology has the ability to drive down publication costs.
Standards, Procedures and Public Appointments Committee [Draft]
Meeting date: 13 November 2025
Katy Clark
Have I got time for one more question, convener?