Something very disturbing is happening in Scotland. At one time it was a beacon for transparent and democratic government. Kevin Dunion, the Scottish Information Commissioner, made bold rulings on the people’s right to know including a decision that all Members of the Scottish Parliament would have to disclose their expenses. It was this decision that I used as a legal precedent in my own case against Westminster MPs.
Now it seems some Scottish politicians are regressing. The SNP Government is going to court to try and strip the Scottish Information Commissioner of his power. Ministers, including First Minister Alex Salmond, want the Court of Session to rule that the Commissioner doesn’t have the right to ask the Government for information as part of his FOI investigations. This comes after Mr Dunion launched a freedom of information probe after ministers turned down a request to see government files. When the Government refused to provide the files, the Commissioner issued an “information notice” against ministers, demanding they provide more details.
As the Sunday Herald reports:
Since he was appointed as Scotland’s first Information Commissioner, Mr Dunion and his staff have adjudicated on hundreds of appeal cases where people were unhappy with responses from public bodies to FoI requests.
As a routine part of the process, the Commissioner and his staff ask to see what information has been withheld and then decide whether the public body made the right decision.
The Government’s challenge centres on whether the Commissioner has the power to make such requests or, if necessary, order access using an Information Notice. The Government is also arguing that the original FoI question at the heart of the case is invalid as it requests documents, not information.
Mr Dunion told the Sunday Herald: “The appeal relates to what I can ask for as part of an investigation. That is what is being challenged by the Government.”
The cases include requests for correspondence between Mr Salmond and SNP donor Brian Souter, as well as between the First Minister and tycoon Sir Angus Grossart, government adviser George Mathewson and pop star Sandi Thom.
I’ve a lot of time for Kevin Dunion. I’ve met him on several occasions and he strikes me as the sort of regulator who actually takes his role of protecting the public interest seriously. He is one of the few who is willing to stand up for what is right regardless of political pressure or powerful interests. He should be lauded, not harassed. What can the people of Scotland make of their elected leaders’ attack on such a true man of the people? I know if I was Scottish I’d be pretty angry.
