Scottish Executive warned about unequal treatment of FOI requests
The Scottish Executive was cautioned by the information commissioner last year for treating freedom of information (FOI) requests from journalists differently than those made by the general public. The commissioner, Kevin Dunion, expressed concerns in a series of letters obtained by the Scottish Scottish Sunday. Dunion threatened to publish recommendations on best practice to prevent future misinterpretation of requests. The issue arose following a decision made by Dunion in August 2020, in response to an FOI request from Rob Edwards, the environment editor for the Scottish Sunday. The request was regarding nuclear waste disposal. In his decision, Dunion criticized the Executive's interpretation of the FOI Act as "unreasonable and even perverse," stating that they had failed to fulfill their obligations under the Act.
Executive accused of restrictive interpretation due to journalistic role
Dunion had written to Sir John Elvidge, the Executive's permanent secretary, a week prior to his decision, expressing concerns about the handling of the request. He noted that this was the second time he had found restrictions placed on Edwards' requests, hinting that it may be due to his role as a journalist. Dunion emphasized that such treatment, if based on journalistic involvement, was alarming and could create the perception of bureaucratic barriers hindering public access to information.
Executive defends its stance
On December 21, the Executive responded with a letter from Richard Wakeford, the head of the department for the environment and rural affairs. Wakeford stated his satisfaction that journalists' requests were not being treated differently and maintained that it was correct to deny Edwards' request. He took issue with Dunion's use of the word "perverse," considering it a strong and unjustified adjective.
FOI Act potentially weakened
Given the government's current efforts to dilute the FOI Act, some observers may perceive Wakeford's response as a subtle threat to Dunion not to cross a line in his actions. The case revolved around the interpretation of Edwards' request for information on Nirex, a nuclear waste disposal entity. The Executive claimed no information was available, interpreting the request narrowly. However, Dunion's ruling determined that the request should include all discussions and related information. While Dunion did not specifically order the release of the information, as it was part of an ongoing appeal process, Edwards expressed frustration that the information he sought was still not being released.
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