ALT CFoIS submits additional evidence to the SPPA Committee

ALT CFoIS has submitted additional, written evidence to the SPPA Committee following the four oral evidence sessions in November and as a result of the Memorandum submitted by the Scottish Government setting out its views on the Freedom of Information (Scotland) Bill. Supplementary evidence, dated 8th December 2025, was sent to the Committee and an additional letter, dated 12th December, addressed to the SPPA Committee Convener Martin Whitfield MSP. The latter deals with the Bill and Section 48 of the Freedom of Information (Scotland) Act 2002.

ALT The letter begins: “At the oral evidence session on 27th November for Stage 1 of the Freedom of Information Reform (Scotland) Bill, the issue was raised as to why the Bill did not amend section 48 (b) and (c) of FoISA. CFoIS would welcome amendments at stage 2 to extend the power of the Commissioner to receive an application for review under 47(1) in respect of a procurator fiscal or the Lord Advocate”. Thereafter, the letter sets out issues which may affect the drafting a competent amendment.

ALT The issues identified in the letter include: The inability to modify the legal effect of the legal provision which governs the Lord Advocate’s duties to disclose information (s.48(5) of the Scotland Act); An amendment to the Bill cannot modify the legal effect of the safeguard of the Lord Advocate’s ability to take entirely independent decisions on criminal prosecution and the investigation of deaths; and The UK Freedom of Information Act 2000 does not make corresponding provision in respect of decisions taken by the Crown Prosecution Service and, as an Act of the UK Parliament, it is not subject to the same constraints as Acts of the Scottish Parliament.