“I am delighted to work again with Holyrood magazine in support of the 6th Annual Freedom of Information Conference. The landscape of FOI in Scotland is changing rapidly and there are many new developments which promise to make this one of the most lively conferences yet. In particular, the issue of designating new public authorities under FOISA is now under active debate. We look forward to the results of the Government’s consultation on whether Housing Associations, Local Authority Trusts, etc should be brought within the scope of the legislation.

I am also looking forward to the opportunity at the conference to consider the interpretation of the Environmental Information (Scotland) Regulations 2004 and what constitutes environmental information. All authorities which are subject to the FOI duty are also subject to the EIR duty in relation to environmental information which they hold, but the scope of the EIRs is wider than this definition and many other organisations may be caught by the duty to respond to requests for environmental information.

We have new learning to share from the experience of the last four years since FOISA came into effect – from the perspective of public authorities, requesters and my own case and enforcement work. As the Scottish Government discusses the possibility of extending the range of authorities designated under FOI law in Scotland that experience is likely to be of interest to a wider audience than ever before. The conference will highlight good practice by Scottish public authorities and also afford opportunities to learn the lessons of potential pitfalls. The event should be invaluable for all authorities subject to FOI duties and particularly for new authorities which are about to be designated under FOI legislation.

The positive benefits of the increase in the range of information now accessible to the public as a result of Scotland’s FOI regime are becoming more apparent through the second phase of publication schemes in Scotland. The conference will be an opportunity to reflect on our experience so far and also to consider the impact of the widening scope of the legislation in making more information accessible than ever before.

As with previous conferences, I intend to follow up the findings to inform my own work and contributions to the development of FOI in Scotland.”

- Kevin Dunion, Scottish Information Commissioner

 08:45  Registration and Refreshments

09:30   Welcome and introduction by the Chair
Michael Crow, Broadcaster, STV

Session One: Extending the right to information

The Scottish Government is committed to the principles of openness and transparency which underpin Freedom of Information legislation.  But what exactly is the Government doing to ensure these principles are being applied across the public sector is Scotland, and what initiatives are underway to extend the public’s right to information? What are the priorities for the Scottish Information Commissioner for the year ahead, and what will he be doing to ensure these principles are upheld?

09:40  Keynote: The SNP Government’s approach
Bruce Crawford, MSP, Minister for Parliamentary Business, The Scottish Government

10:00  The Commissioner’s perspective
Kevin Dunion, Scottish Information Commissioner

10:20  Questions, discussion and electronic audience response

10:45  Refreshments

Session Two: Environmental Information Regulations

The Environmental Information Regulations (EIRs) play an important role in creating an open and transparent government by ensuring that environmental information is available to and accessible by members of the public.  EIRs are wider in scope than FOI legislation and apply to all Scottish public authorities which hold environmental information.  This session will explain the origins, objectives and consequences of EIRs, and will provide clarity around the scope and use of the regulations.  It will also explain what ‘public function’ tests are used in the application of FOI legislation and EIRs.

11:05  The international context of the Environmental Information (Scotland) Regulations
Sir Ken Collins. Former MEP and Chair of European Commission Environment Committee, and former Chair of SEPA

11:25  Experience of the Environmental Information Regulations in Scotland
Fiona Killen - Partner & Head of the Parliamentary and Public Law Unit, Anderson Strathern Solicitors

11:45  The ‘public function’ test and extending the scope of FOI legislation
Professor Janet McLean, University of Dundee

12:05  Questions, discussion and electronic audience response

12:25  Lunch

Session Three: Creating a culture of open government

This session will look at how a culture of open government is being embedded across the public sector in Scotland. Delegates will here about the latest initiatives to make information more accessible to the public, including publication schemes and i-portals, and how these might affect the volume and type of information requests organisations can expect to receive.  The session will also explore the impact FOI legislation has had on an organisation used to protecting its information carefully.

13:25  An open Scottish Government
Paul Gray, Director of Change and Corporate Services, The Scottish Government

13:45  SNHi
Alan McKirdy, Director of Information Management, Scottish Natural Heritage

14:05  FOI Uncovered: experiences of an FOI practitioner
Karen Williams, Director of Corporate Services, Grampian Police

14:25  Questions, discussion and electronic audience response

14:45  Refreshments

Session Four: The future of FOI

Heather Brooke, the freedom of information campaigner at the heart of the MPs expenses story earlier this year and author of ‘Your Right to Know’, will conclude the conference.  Delegates will also have the opportunity to put further questions to the panel of experts, who will debate the future of FOI.  This session will also feature the results of the electronic polling conducted throughout the day.

15:05  A legal perspective on FOI
Christine O’Neill, Partner and Head of Public Sector Services Group, Brodies LLP

15:25  Closing keynote: ‘Your Right to Know’
Heather Brooke, Freedom of Information campaigner, author and journalist

15:45  Panel Discussion: What’s the future of FOI?
Panellists to include:

• Kevin Dunion, Scottish Information Commissioner
• Stephen Maxwell, Associate Director, SCVO
• Heather Brooke, Freedom of Information campaigner, author and journalist
• Christine O’Neill, Partner and Head of Public Sector Services Group, Brodies LLP
• Karen Williams, Director of Corporate Services, Grampian Police

16:15  Response to the day’s issues
Kevin Dunion, Scottish Information Commissioner

16:25  Results of electronic polling and closing remarks from the Chair

16:30  Close of Conference

Three years since Freedom of Information (Scotland) Act came into force, real progress has been made in creating a culture of openness in government and public services.  The Scottish public is using the mechanisms available to them to gain access to information about their public services, and , in return, the public sector is increasingly proactive in making such information available.  The Scottish Government has now signalled its commitment to extending the public’s right to information through initiatives like Publication Schemes and a pilot iportal, as well as a possible extension to the scope of FOI legislation.  

But what more can be achieved, and how can the principles of openness and transparency be embedded to ensure fully accountable and responsive government and public services?  Delegates at this conference will hear from the Minister for Parliamentary Business, the Scottish Information Commissioner, legal and academic experts, and FOI practitioners.  They will learn whether initiatives to extend the right to information could affect their organisations, and why and how we should all respond to the challenge of creating a more open and transparent public sector. 

To download the full brochure please click on the image above, you may need to install a PDF reader to view the brochure. To download Adobe Acrobat Reader please click here.   

The key issues the conference will consider include:

• Why the principles of openness and transparency are so important in democratic government
• What initiatives the Scottish Government is undertaking to ensure these principles are effectively embedded
• How extending the Freedom of Information Act could affect your organisation
• What role Environmental Information Regulations can play in enhancing the public’s access to information, whether these can be utilised more effectively, and which organisations are, or should be, under the scope of these regulations
• How public bodies can learn from best practice examples to contribute to more open government

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