THE Freedom of Information Act is one of Labour’s significant achievements in government and the principles which underpin it remain vital to this day.

Here in Scotland, the equivalent legislation passed by the Scottish Labour-led administration 20 years ago was equally important and, if anything, more strongly worded.
 
The principle behind it was clear: people should have the right to full disclosure about how they are governed and how their services are delivered in a democratic society.
 
At a surface level, freedom of information (FoI) is unlikely to get hearts racing in the same way as bread-and-butter issues like the NHS, social care or schools.
 
But all of these things are dependent on an up-to-date and effective FoI regime — and as socialists who believe in the extension of democracy to every sphere, that’s what we should be fighting for.
 
Two decades on, it’s increasingly clear the FoI system is out of date and not fit for the political landscape of today.
 
The extent to which various governments have sought to shape publicly funded bodies into target-driven, market-oriented organisations has been widely documented.
 
In many sectors, taxpayer-funded services are now delivered by private and third sector organisations, particularly health and social care.
 
In 2018, Audit Scotland reported councils were using an estimated 130 arms-length external organisations, which have an annual spend of more than £1.3 billion.
 
On principle, socialists are opposed to any public service provider siphoning off profits for shareholders.
 
But what’s most alarming is these unaccountable and often opaquely owned firms, which receive public money to make critical decisions that affect us all, receive next to no scrutiny whatsoever.
 
An investigation by the Ferret in 2019 found at least 44 Scottish care homes were owned by companies based in tax havens.
 
Money and resources that should be going towards the care of the most vulnerable people in our society are being looted by tax avoiders who aren’t required to respond to even basic public queries.
 
During the pandemic, we saw this regime in practice as thousands died in care homes but grieving families couldn’t elicit key information about what had happened to their loved ones due to these companies being entirely exempt from FoI requests.
 
It is a key reason why I have now launched a consultation on how we can reform FoI, with a view to launching a full member’s Bill.
 
The proposals set out in the consultation, now published, include extending FoI coverage to all providers of public services, including those in the private and third sectors, and to Scottish government contractors on “wellbeing requirements.”
 
My Bill would also strengthen the enforceable right of access to information, provide a legal duty for proactive publication and improve enforcement across the board.
 
I also propose adjusting rules around time limits for responses and making all listed exemptions subject to a public interest test.
 
Too often, public bodies are finding ways to evade accountability and transparency.
 
For example, figures show 14 per cent of FoI responses by Scottish bodies were issued after the 20-day statutory deadline.
 
Five years ago, the Scottish government was essentially put into special measures over its FoI performance, with the Scottish information commissioner announcing an intervention into its practices.
 
In May, the present commissioner Daren Fitzhenry reported there were significant failures in record keeping and complying with procedures, as well as “systemic concerns” when it comes to monitoring requests.
 
Lateness, incompetence and failing to act within the spirit of the law are frequent complaints, which is why my bill would also introduce a new statutory role of FoI officer for every designated body.
 
The Scottish government has had ample opportunity to come forward with its own reforms despite parliamentary committees making recommendations.
 
That’s why I’ve sought to drive this issue onto the agenda with the assistance of the Campaign for Freedom of Information in Scotland and the support of the Scottish TUC.
 
In the absence of action by the Scottish government, it’s time the left took a lead on this issue and pushed for vital reform.
 
The consultation for my member’s Bill — titled the Freedom of Information Reform (Scotland) Bill — is now live and I’d encourage all eligible readers to participate.
 
Katy Clark is MSP for the West Scotland Region and Scottish Labour spokesperson for community safety. Twitter: @KatySClark.