KENNY MacAskill is disingenuous in arguing for ministers “to have space to discuss sensitive issues in private (“Ministers must not be tied down by constant minuting”, The Herald, January 16). Heaps of safe space is already provided by exemptions to disclosing information under Sections 29 and 30 of the Freedom of Information (Scotland) Act 2002. The meeting that Mr MacAskill states was ok not to minute was significant, of public interest and has subsequently been a matter of dispute. Three very good reasons under present rules to have the meeting between the Justice Secretary and the chairman of the Scottish Police Authority minuted.
Since 2001, government ministers have successfully asserted their right to withhold information relating to the “formulation of Scottish administration policy” as well as information which could substantially inhibit the free and frank provision of advice. Since the Freedom of Information Scotland Act 2002 (FoISA) became effective in 2005, these exemptions have repeatedly been claimed. The Scottish Information Commissioner is likely to uphold them where disclosure would intrude on a decision still under consideration or deter officials or ministers from recording frank comments in future – unless the public interest in any particular case is strong enough to justify disclosure. Therefore the law permits Ministers space to brood, plot, discuss, review, analyse, think and decide. By creating a practice of “fail to record”, there is even less information to try to access under freedom of information law which sits uncomfortably with declared government statements, and Acts of the Scottish Parliament, on democratising decision making and community empowerment.
Failing to minute apparently goes against the rules of the Government, the Parliament and the civil service. The Campaign for Freedom of Information in Scotland (CFoIS) report on Scottish Government minute taking concluded that on a day-to-day basis the spread of guidance is unhelpful and the language on who is responsible for note and minute taking creates loopholes which, without a committed culture of openness, can be exploited. The loopholes must be plugged so that the process matches the purpose, which is to provide a record of who was there, what was discussed, what was agreed and actions are to be taken by whom and when. Minutes provide the context to policy, funding and service decisions. Those rules exist in the first place to provide ministerial and governmental accountability. Failing to minute is not just bad management but a recipe for confusing the audit trail of how and why decisions were made.
CFoIS has launched a Get it Minuted campaign and is calling on people and organisations to ask and insist that there are agendas, notes and minutes for any meetings with the Scottish Government. We are also asking people to call for all meetings convened by public sector organisations or those organisations delivering services of a public nature, to be minuted or a “note” taken. By changing culture and practice, recording discussions and decisions at all meetings will be understood as an obligation of good governance, which cannot be ignored. The next step of course is to win the argument that all such minutes should be disclosed to evidence the organisational commitment to openness and transparency which is proven to build public trust.
Carole Ewart,
Convener, Campaign for Freedom of Information in Scotland,
Why are you making commenting on The Herald only available to subscribers?
It should have been a safe space for informed debate, somewhere for readers to discuss issues around the biggest stories of the day, but all too often the below the line comments on most websites have become bogged down by off-topic discussions and abuse.
heraldscotland.com is tackling this problem by allowing only subscribers to comment.
We are doing this to improve the experience for our loyal readers and we believe it will reduce the ability of trolls and troublemakers, who occasionally find their way onto our site, to abuse our journalists and readers. We also hope it will help the comments section fulfil its promise as a part of Scotland's conversation with itself.
We are lucky at The Herald. We are read by an informed, educated readership who can add their knowledge and insights to our stories.
That is invaluable.
We are making the subscriber-only change to support our valued readers, who tell us they don't want the site cluttered up with irrelevant comments, untruths and abuse.
In the past, the journalist’s job was to collect and distribute information to the audience. Technology means that readers can shape a discussion. We look forward to hearing from you on heraldscotland.com
Comments & Moderation
Readers’ comments: You are personally liable for the content of any comments you upload to this website, so please act responsibly. We do not pre-moderate or monitor readers’ comments appearing on our websites, but we do post-moderate in response to complaints we receive or otherwise when a potential problem comes to our attention. You can make a complaint by using the ‘report this post’ link . We may then apply our discretion under the user terms to amend or delete comments.
Post moderation is undertaken full-time 9am-6pm on weekdays, and on a part-time basis outwith those hours.
Read the rules hereLast Updated:
Report this comment Cancel