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Chamber and committees

Official Report: search what was said in Parliament

The Official Report is a written record of public meetings of the Parliament and committees.  

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Dates of parliamentary sessions
  1. Session 1: 12 May 1999 to 31 March 2003
  2. Session 2: 7 May 2003 to 2 April 2007
  3. Session 3: 9 May 2007 to 22 March 2011
  4. Session 4: 11 May 2011 to 23 March 2016
  5. Session 5: 12 May 2016 to 4 May 2021
  6. Current session: 13 May 2021 to 23 March 2026
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Displaying 2042 contributions

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Standards, Procedures and Public Appointments Committee [Draft]

Scottish Information Commissioner

Meeting date: 26 February 2026

Martin Whitfield

Welcome back. Under agenda item 4, the committee will hear evidence from David Hamilton, the Scottish Information Commissioner, on his annual report and the accounts for 2024-25. The commissioner is joined by Euan McCulloch, who is head of enforcement, and Claire Stephen, who is head of policy and information. I welcome you all to the meeting.

I invite David to make a short opening statement about his report.

Standards, Procedures and Public Appointments Committee [Draft]

Scottish Information Commissioner

Meeting date: 26 February 2026

Martin Whitfield

So, there are vexatious AI requests.

Standards, Procedures and Public Appointments Committee [Draft]

Scottish Information Commissioner

Meeting date: 26 February 2026

Martin Whitfield

Emma, can I pass over to you?

Standards, Procedures and Public Appointments Committee [Draft]

Scottish Information Commissioner

Meeting date: 26 February 2026

Martin Whitfield

That is very helpful. Something that Euan McCulloch said that stood out to me was that there is a relatively low bar for cases to be progressed. You seem to have massive challenges with appeals in which people have not given their full names, which prevents a number of appeals from progressing. If someone cannot comply with those requirements, the case does not go forward. Do you have any concerns about that? I do not know whether you demand the full name—or just any name—but does that cause problems?

Standards, Procedures and Public Appointments Committee [Draft]

Scottish Information Commissioner

Meeting date: 26 February 2026

Martin Whitfield

I go back to the commissioner’s comments about just asking sometimes.

Ruth Maguire has a follow-up question.

Standards, Procedures and Public Appointments Committee [Draft]

Scottish Information Commissioner

Meeting date: 26 February 2026

Martin Whitfield

That is probably the finest defence that I have heard in a long time of a little human intervention at the right moment, before you press send on your computer. Interestingly, we will have another commissioner in front of us next week, and we will discuss a not dissimilar issue. People recognise that a really important discussion needs to happen on AI, and I think that we need to start having discussions about ethical use and so on sooner rather than later.

I thank you and your staff, who support you, for the annual report and for the evidence that you have given. If anything comes to mind afterwards, you know where to find us—at least for the next few weeks—or those who will follow us in the future. Given that this is probably the last time that I will have a chance to speak to you in this parliamentary session, I thank your office and you personally for your work as Scottish Information Commissioner. Thank you for the openness with which you have confronted the challenges that we have placed on you and for giving us the answers that we need.

We will now move into private session to consider the evidence that we have heard.

10:12

Meeting continued in private until 10:28.

Standards, Procedures and Public Appointments Committee [Draft]

Scottish Information Commissioner

Meeting date: 26 February 2026

Martin Whitfield

In essence, you end up having an annual—sometimes more frequent—argument about needing more resource. Is that because the model that is used to calculate the resource is wrong and we should look at it again, or is there a way that we could anticipate increasing needs? As you say, those are hard to identify, but you have mentioned a number of factors in relation to which resource is becoming a challenge. From your point of view, do we need to look at the resourcing model?

Standards, Procedures and Public Appointments Committee [Draft]

Scottish Information Commissioner

Meeting date: 26 February 2026

Martin Whitfield

I will park the question of the extent to which AI can amend FOI for a possible future conference, and I will bring in Sue Webber.

Standards, Procedures and Public Appointments Committee [Draft]

Scottish Information Commissioner

Meeting date: 26 February 2026

Martin Whitfield

Thank you for that. As is the convener’s prerogative, I will kick off our questions.

You have touched on the fact that the report is a historical document, and you have given us some reflections on what this year has been like. Do you see light at the end of the tunnel, or are you concerned about the partial success of raising freedom of information requests and the availability of its counterpart under the environmental information regulations?

I suspect that there is a change in culture of people wanting to know and fighting for it. Do you see light at the end of the tunnel, or is that light blocked at the moment?

Standards, Procedures and Public Appointments Committee [Draft]

Scottish Information Commissioner

Meeting date: 26 February 2026

Martin Whitfield

So, hopefully, that will not appear in next year’s report.

I invite Annie Wells to come in. We are having some technical difficulties, so I am not sure whether you can hear us, Annie.