Government to consult on including private firms under FoI

The Scottish Government is reported as preparing to consult on including certain private companies under Freedom of Information legislation (FoI).

The focus centres on private firms delivering mainstream public sector services in Scotland. Today’s edition of The Herald cites the following as subjects for inclusion:

• prison builders and operators;
• contractors building and maintaining schools and hospitals;
• Association of Chief Police Officers, Scotland;
• Glasgow Housing Association;
• council trusts set up to provide leisure, sport or cultural services;
• firms operating and maintaining trunk roads.

This is an excellent initiative, underlining the responsibility and the accountability of private business who deliver such major public services.

While the list published by The Herald may well be sampled rather than inclusive, For Argyll has made a formal request for inclusions in the list of types of businesses for potentail inclusion in FoI legislation.

We have asked that companies operating and maintaining Scotland’s port and airports should, of necessity, be included, as should private companies providing public utilies. For example, this would mean:

• Clydeport
• Forth Ports
• BAA
• HIAL
• Private companies providing core utilities like power, water and communications.

There will be issues around the application of FoI to appropriate areas of the operation of parent or holding companies, owners of subsidiaries supplying public sector services in Scotland. An example here would be Peel Ports, owner of Clydeport.

One thing is certain. This is a right and proper democratic measure which will remind private companies that their operations are not untrammelled and that there are forms of accountability through which their observance of their responsibilities can be inerrogated.