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Calls to strengthen FOI grow as concerns mount over secretive governance

27 80
17.02.2026

As MSPs debate FOI reform, the Scottish Government faces mounting claims of secrecy, evasiveness and a culture that shuts out scrutiny, says Kevin McKenna.

Moves to strengthen Scotland’s Freedom of Information legislation are about to be debated by MSPs. It comes amid fears that the country is being governed clandestinely by secret state actors.

It was the little throwaway asides from David Hamilton that hinted at his frustrations over Scotland’s secret state. At one point in our interview last month, the information commissioner praised the work of the Auditor General, Stephen Boyle. “The current legislation doesn’t permit me to speak to Stephen about things we both see and that's a frustration.”

Referring to documentation in a recent case he’s been investigating, he said: “Not that I’d ever be permitted to see it all.” Mr Hamilton will be a keen observer of today’s stage one debate of the Freedom of Information Reform Bill. Katy Clark, the Labour MSP who is bringing it forward, says that Scotland is at risk of “falling behind” on how much the public are allowed to know about the running of their country.

In yesterday’s Herald, the West of Scotland MSP described the bill as a “final chance” to strengthen the public’s right to know ahead of May’s Holyrood elections. Her conclusions about the Scottish Government’s attitude to voters’ right to know are devastating. If you removed any references to Scotland in her critique you’d form the impression that she was talking about life under a third world military dictatorship.

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