Written Question · S5W-31203 · Session 5
What steps it has taken to (a) implement the repeal of the sections of schedule 6, part 2 of the Coronavirus (Scotland) Act 2020 that sough…
The question
To ask the Scottish Government what steps it has taken to (a) implement the repeal of the sections of schedule 6, part 2 of the Coronavirus (Scotland) Act 2020 that sought to extend the deadlines for responding to FOI requests and reviews and (b) respond to FOI requests within 20 working days, and how many (i) FOI requests (A) were and (B) were not responded to within 20 working days during the period that these sections were in force, (ii) FOI requests it has not responded to within 20 working days in each of the last six months, (iii) requests for an FOI request internal review it is currently processing and (iv) FOI request appeals the Scottish Information Commissioner has received in the last six months as a result of a refusal or partial refusal by the Scottish Government to provide information to the public.
The answer
The Coronavirus (Scotland) (No.2) Act 2020 repealed the provisions in Part 2 of schedule 6 to the Coronavirus (Scotland) Act 2020
- which extended the statutory timescales in FOISA (“the extension provisions”)
- on 27 May 2020. Following that repeal, the Scottish Government has provided updated guidance to all staff and our case handling system has been amended to reflect the reversion to the original timescales. The Scottish Government’s guidance for central and local government and public bodies on the Coronavirus (Scotland) Acts also highlights publicly the reversion to the original timescales. This is available on the Scottish Government website at:
https://www.gov.scot/publications/coronavirus-covid-19-guidance-for-stakeholders-on-the-coronavirus-scotland-act-2020/
The extension provisions were in force from 7 April to 26 May 2020. 175 requests under FOISA had final reply deadlines which fell within that period. Of those, 82 were responded to within 20 working days. 93 were not responded to within 20 working days.
The following table provides data
- for each of the last six months for which the Scottish Government has so far compiled figures
- showing the number of requests under FOISA which were not responded to within 20 working days. It should be noted that some of these cases were nevertheless responded to within the statutory timescales in force at the time the response was issued.
Month
Number of FOI requests responded to outwith 20 working day period
January
5
February
6
March
12
April
23
May
72
June
48
The Scottish Government is currently processing 26 requests for internal review of its handling of requests under FOISA.
In relation to the number of appeals received by the Scottish Information Commissioner, this is a matter for the Commissioner. The information requested is not held by the Scottish Government, for the reasons set out in paragraph 40 of the report on the Scottish Ministers’ FOI performance laid before the Scottish Parliament on 7 August 2020.
- which extended the statutory timescales in FOISA (“the extension provisions”)
- on 27 May 2020. Following that repeal, the Scottish Government has provided updated guidance to all staff and our case handling system has been amended to reflect the reversion to the original timescales. The Scottish Government’s guidance for central and local government and public bodies on the Coronavirus (Scotland) Acts also highlights publicly the reversion to the original timescales. This is available on the Scottish Government website at:
https://www.gov.scot/publications/coronavirus-covid-19-guidance-for-stakeholders-on-the-coronavirus-scotland-act-2020/
The extension provisions were in force from 7 April to 26 May 2020. 175 requests under FOISA had final reply deadlines which fell within that period. Of those, 82 were responded to within 20 working days. 93 were not responded to within 20 working days.
The following table provides data
- for each of the last six months for which the Scottish Government has so far compiled figures
- showing the number of requests under FOISA which were not responded to within 20 working days. It should be noted that some of these cases were nevertheless responded to within the statutory timescales in force at the time the response was issued.
Month
Number of FOI requests responded to outwith 20 working day period
January
5
February
6
March
12
April
23
May
72
June
48
The Scottish Government is currently processing 26 requests for internal review of its handling of requests under FOISA.
In relation to the number of appeals received by the Scottish Information Commissioner, this is a matter for the Commissioner. The information requested is not held by the Scottish Government, for the reasons set out in paragraph 40 of the report on the Scottish Ministers’ FOI performance laid before the Scottish Parliament on 7 August 2020.
In the Official Report
No contribution in the Official Report cites S5W-31203 by reference.