Freedom of information policy objectives: 2024 to 2026

Workstream 1 - consideration and use of Scottish Ministers’ powers to extend coverage of FOISA

Objective 1.1

Develop and undertake a public consultation on extension of FOISA to care homes and ‘care from home’ services in terms of Scottish Ministers’ power under section 5 of FOISA to extend coverage of FOI law.

Actions to deliver

• engage with key stakeholders in development of approach to consultation
• run consultation following passage of the National Care Service Bill
• analyse and respond to consultation, setting out Scottish Government approach

Timescale

• consultation expected to launch in late 2024/early 2025, concluding in spring 2025. Publication of analysis/Scottish Government response in summer 2025
• any subsequent action to take forward section 5 order to begin from summer 2025

Objective 1.2

Develop and set out a clear, structured and consistent approach to the wider use of the section 5 extension power going forward

Actions to deliver

• engage stakeholders in appropriate fora regarding development of approach
• develop approach drawing on outcomes from the Access to Information Rights in Scotland consultation and earlier 2019 consultation on extension of FOISA

Timescale

• stakeholder engagement activity from late 2024
• approach drawing on outcomes of stakeholder engagement to be agreed by summer 2026 at latest
• ongoing programme of further extension work to be developed in late 2026 based on agreed approach