Freedom of Information Bill could open outsourcing to scrutiny

A proposed reform to Scotland’s freedom of information (FoI) laws, tabled in June, could give trade unions a vital new tool for accessing data about outsourced services, including private care homes and contractors delivering public functions.

The Freedom of Information Reform (Scotland) Bill, introduced by Labour MSP Katy Clark, would extend FoI obligations to any organisation carrying out public services or wholly funded by public money. That includes private companies running services such as social care, housing, education and transport.

The Bill seeks to modernise Scotland’s FoI framework to reflect the shift toward outsourcing. It would also require all public authorities to publish more information proactively, appoint designated FoI officers, and comply with stricter rules around the 20-day limit for replying to requests.

The Scottish Information Commissioner would also gain stronger powers to enforce compliance.

Clark said the reform would end the current “two-tier” system where transparency applies to public bodies but not to private providers profiting from public contracts.

“Workers, service users and the public should have access to basic information about how services are being delivered, particularly when public money is involved,” she said.

The move has been welcomed by unions. The Scottish TUC backed the proposals during the consultation stage, calling it a necessary step to hold employers accountable and improve conditions in contracted-out services.