Sunday, March 28, 2010

Leading Law Professor Dan Metcalfe accuses SNP Government of acting 'crazy' by not honouring FOI requests, the position is untenable and embarrassing


















Dear All

I have a question for the SNP Government; do you want to remain the Government of Scotland?
If the answer is yes, then honour properly FOI requests, don’t get cute, don’t get creative, just obey the law.

The SNP Government has accused of trying to censor the public’s right to know and launched an attack on Scotland’s information watchdog head by Kevin Dunion.

Ministers are calling on the Court of Session to rule whether or not the Commissioner has the right to ask the Government for information as part of his own investigations.

The answer to this question is yes.

The FOI Act is all about unfettered access to show transparency in Government.

Professor Dan Metcalfe, adjunct professor of law at Washington DC College of Law, is an expert on Amerian FoI law; he opined that the Scottish Government’s ideas for limiting access to documents under FoI were “crazy”.

Prof Metcalfe has warned government staff in Edinburgh, during a meeting about FoI, that their position was untenable.

Later, referring to the Government’s stance, Metcalfe spoke at an academic seminar on the issue.

He said;

“That’s crazy talk. It can’t stand. It’s contrary to what’s done everywhere else in the world.”

Is it not time for the SNP Government to fall into step with the rest of world on FOI law?

What is embarrassing is the SNP Government thinks this type of abuse is acceptable and has let it rumble from the a Court of Session ruling last year, were the administration tried to block dozens of FoI requests after claiming people were only entitled to “information”, not copies of original documents.

The SNP Government has to be seen to be open and transparent, failure to do so will erode trust.

When trust goes with the voters, then the SNP Government will find itself in opposition.

Currently one of the SNP themes is ‘elect local champions’, are these the actions of ‘local champions’?

I think not.

If someone puts in an FOI request asking for documents, supply them.

Yours sincerely

George Laird
The Campaign for Human Rights at Glasgow University

2 comments:

CrazyDaisy said...

G

Nonsense, he's American he can go whistle and since when did Yanks tell Scotland how to run their business.

Just like the rejection of Westmidden to answer SNP legitimate requests of FoI. Two way street and we can play their game too.....level playing field, I know not!

G Laird said...

Dear Crazy Daisy

"Just like the rejection of Westmidden to answer SNP legitimate requests of FoI. Two way street and we can play their game too.....level playing field, I know not!"

I expect high standards from the SNP Government.

I don't expect this tripe.

We shouldn't be playing anyone's game, we should obey the law not try and circumvent it.

I would be minded to sack people for this type of behaviour.

Yours sincerely

George Laird
The Campaign for Human Rights at Glasgow University