Information is still not free enough

“Truth never damages a cause that is just.” – Mahatma Gandhi

This blog post is an extended version of an article that previously appeared in The National as part of Common Weal’s In Common newsletter.
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Long time followers will know of my personal conviction that democracy cannot exist without transparency. There is a long list of issues that this impacts. If we can’t see what Government is talking about. Who is talking to them. What money is being spent where. Where that money is coming from. How policies are being formed. How their impact is being measured. If any of these things are happening only behind closed doors, then we cannot properly hold Government to account or ensure that they are meeting their promises.

The current legislation around Freedom of Information in Scotland is decent but it is also out of date and needs reform and expansion. It was one of the first Bills passed by the recommenced Scottish Parliament, but it has been creaking at the seams for some time.

In 2019, the Post-Legislative Scrutiny Committee in the Scottish Parliament picked up the Freedom of Information (Scotland) Act – known in shorthand as FOISA – and decided to see where it could be updated. We were keen supporters of this process and you can see me give evidence to the committee here. Several areas of reform were identified including a major one where the increasing use of private companies and ‘arms-length’ bodies to deliver public services may be weakening the effect of our Freedom of Information.

One prominent and oft-cited example is that if a Local Authority owns a care home, then you have the ability to submit an FOI request to get information about the care home. However, if the Local Authority sells off that care home to a private company and then hires them to provide care services then you might find that you can’t submit the same kinds of FOI requests. You might also not be able to submit certain requests to the Local Authority such as a request to see the terms of the contract they signed to ensure that they’re not overpaying the private company for care as an FOI request of that kind can be blocked due to ‘commercial sensitivity’.

In this way, privatisation could well be used as a shield against freedom of information. If a corrupt or ill-willed public body wished to conceal something it was doing from view, then they could simply privatise it. The committee determined that there was therefore merit in the idea that the transparency should follow the public money, not the public bodies. That is, if a private company is using public money to deliver a service then it should be just as subject to Freedom of Information as if that service was being delivered ‘in house’ by a public body.

Unfortunately, the Scottish Government decided in the end to not do anything with the Committee’s recommendation to rectify this problem which prompted Labour backbench MSP Katy Clark to submit a Members’ Bill calling for reform of the legislation to strengthen FOI powers in this area. You can listen to my interview with her on the Bill in Episode 138 of the Common Weal Policy Podcast when she was just at the start of the process of introducing the Bill.

A consultation into her Bill has just concluded but we have submitted our response to it largely agreeing with its aims but calling for it to go further in a few areas.

One of these areas is in the concept of ‘proactive disclosure’. Right now, there is a great deal of information being held by Government that you could have put out into the public domain if you submitted an FOI request for it but, until someone does, it will remain secret. This is a problem. Public information should be public and not subject to the whim of someone, somewhere coming up with the appropriate question.

For example, perhaps you want to check to see if someone in particular has been lobbying the Scottish Government and might be doing it in a way that it doesn’t appear on the Lobbying Register. Emails are not Registered Lobbying in the same way that a face-to-face conversation is.

If an organisation doesn’t want you to know that they’ve been lobbying Government Minsters then keeping the conversations to email and phone calls is a decent way of doing it because you need to have some idea that they ARE lobbying Government before you can submit an FOI. Under the current Lobbying Register legislation, even if an organisation would WANT to disclose that information, they are not allowed to.

But let’s say you do have that idea and you decide that you do want to find out what Dr Craig Dalzell, Head of Policy & Research at Common Weal has been saying in email communications with Angus Robertson about the Scottish Government’s Independence White Papers, for example. That’s a perfect valid FOI request and those emails will be released. [I have no idea who submitted that FOI by the way, but it was a good one! Especially as it confirmed that Robertson knocked back Common Weal’s offer to advise on said White Papers given that we had already done the work for them]

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This Article Has Been [Redacted]

“Truth never damages a cause that is just.” – Mahatma Gandhi

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The Scottish Government continues to show bad faith when it comes to Freedom of Information, spending more time and effort to conceal information than it would take to simply comply with the spirit of the legislation.

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Poor Show Swinney

“People almost invariably arrive at their beliefs not on the basis of proof but on the basis of what they find attractive.” – Blaise Pascal

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John Swinney claims to support the elimination of child poverty from Scotland, but he has admitted that he also believes – without actual evidence – that social security payments discourage poor people from working.

John Swinney’s only tangible policy on which he was elected as leader of the SNP and then First Minister of Scotland was a promise to eliminate child poverty. Note that he didn’t promise to reduce poverty or even to move faster than previous reduction targets (that he is so far failing to meet). He didn’t even, as his predecessor did, celebrate that child poverty in Scotland was merely a little lower than in England. He promised to eliminate child poverty. He has yet to explain “how”.

At the weekend, Swinney appeared to close down one of the tools that the Government has been using effectively to bring down child payment. The Scottish Child Payment is offered to adults who look after one or more children (the payment is on a per child basis – without the two-child limit seen in England) and who qualify for certain social security payments such as Universal Credit (if you think you might qualify you can check here). Frankly, the payment was brought in at a time and in a manner that stretches the devolved Scottish budget to its limits without the introduction of new taxes (such as our Land Tax) to pay for it but its impact on child poverty has been significant. The Scottish Government claims that the payment has contributed – along with their other poverty reduction policies – to lifting 100,000 children out of poverty.

Last weekend, Swinney announced that he was not considering further increases to the payment. Not, as might actually be reasonably defensible, on the grounds of budget constraints but because he believed that the payment was now high enough that a further increase would “reduce the incentive to actually enter the labour market.

In other words, he believes that increasing the child payment to £40 per week – something that the IPPR believes would lift another 20,000 children out of poverty – would discourage poor people from working.

This is, in short, complete crap. It is a claim that is not backed up by any data. In fact, if you have read my UBI article from the other week, you’d know that it is a claim that is completely countered by the facts. Giving people enough money to live on regardless of their life circumstances does not discourage people from working. In the most recent long-running study it was found that the total number of hours worked by UBI recipients did not change compared to their peers in the control group but that may did take the opportunity of the financial safety net to take a chance on a better paid, more worthwhile or more enjoyable job. Where studies have noticed UBI recipients dropping out of work it is almost universally not because “poor people are lazy and want to sit on the sofa” but because people use their safety net to study, to reduce hours as they run up to retirement or – pertinent to this article – to spend more time looking after their children.

With his comments, John Swinney is repeating the Conservative prejudice that the poor only work because it is marginally preferable to starvation and so any attempt to increase the number of workers in the economy can only be done by ramping up the costs of not working.

What Swinney is essentially saying is that while we shouldn’t have child poverty in Scotland, just bringing people to a penny over the poverty line would be enough for him, regardless of what that means for the people involved.

Cutting off the possibility of increases to social security because of self-imposed fiscal limits or rules (self-imposed even in this case not just because of slavish adherence to the philosophy of the 2018 Sustainable Growth Commission but due to a refusal to look at alternative mechanisms within devolution to increase revenue – see, again, our Land Tax) would be bad enough, but Swinney is making his case based on poverty being somehow the consequences of a lifestyle choice or moral failing. The poor, he apparently thinks, deserve their poverty unless they prove they are willing to not be poor.

This is a far cry from just a few years ago when there was a demonstrable majority across the Scottish Parliament for a guaranteed minimum income for all or a true Universal Basic Income (which probably explains the lack of push to bring in those policies).

The 2016 Holyrood elections are looming to the point of candidates being selected and manifestos being written. Swinney is obviously concerned enough about the rise of the far right to hold a summit about it (ineffectual as it was) but he surely must realise that the means of defeating the far right does not lie in gaming the political system to lock them out (see Germany), or in adopting their policies to try become them (see the UK) but in offering a real, credible alternative to Centrist Austerity and policy failure that leads to those populists gaining a base.

Instead of poor showmanship, Swinney could be providing leadership and actually taking action to meeting the goals he has set himself. The Scottish Government already has a poor track record of cancelling “inconvenient” government targets like climate emissions or reductions in car miles. Let’s not see the target of eliminating child poverty in one of the world’s richest nations become another one.

Scottish Budget 2024 – Still Spinning Plates

“Our economic models are projections and arrows when they should be circles.” – Wade Davis

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Finance Secretary Shona Robison must have breathed a sigh of relief at the UK budget the other month (covered by me here) but if she did, it was the shallowest one she could get away with. The extra money from the UK that has gone into this year’s Scottish Budget has largely been accounted for in terms of public sector pay deals and reserved tax rises applied to those wages (not that I’m complaining about those pay deals – quite the contrary, even with them many public sector works are still lagging behind fair pay after over a decade and a half of austerity) or has gone into replacing cuts from last year’s budget so it’s clear that despite the relative expansion to Scottish finances there still wasn’t going to be a huge amount of play in the figures to do much more than work a little less hard to keep all of the plates spinning in the air.

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The NCS Bill Still Isn’t Dead

“We are reluctant to quit things because we want to avoid the resulting heartbreak. The pain of failure is magnified by the sunk costs: all the time and effort and emotion you have already invested.” – John A. List

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The Scottish Government has announced that the National Care Service Bill shall remain in limbo for an unknown period of time.

While Common Weal and many other stakeholders pulled their support for the Bill as written (though we have not pulled our support for a National Care Service – just the one this Bill would have created) the death knell for the proposed legislation was the Scottish Green conference the other week where members voted to pull their support for the Bill. This should have been a point of change. Indeed, there had already been enough pressure placed on them to force that change long before now but I have a nagging feeling that this announcement came now not because they recognise the flaws in their legislation or even that they’ve acceded to demands from care stakeholders – including the people who NEED the care that the NCS will deliver – but that they’ve merely looked at the Parliamentary maths faced by a now-minority Government and are doing what they need to do to not lose a vote. It might yet be a step along the way of getting what we want but it’s not exactly a shining example of priorities and principles rising above party politics.

Nevertheless, after fighting against (rather than, as we’d prefer, for) the NCS Bill we’re now at a point where we should be focussing on actually improving care rather than fixing care legislation.

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The Climate Climbdown

“If a pandemic can induce governments to take emergency actions, why can’t a climate breakdown that threatens to kill off the very life-support systems of the planet do the same? After this, there can be no more excuses for passivity.” – Andreas Malm

This blog post previously appeared in The National as part of Common Weal’s In Common newsletter.
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Scotland – once a nation that held itself up as a world leader in climate ambitions – has formally repealed important carbon emission targets in a vote that would have had unanimous support but for the abstention of the Greens.

The Scottish Government still holds that Scotland will be a “Net Zero” nation by 2045 but has yet to demonstrate how we will actually reach that goal, especially as interim targets like the 2030 target just repealed continue to be missed.

To be clear on why this vote took place, the Scottish Government put the target into actual legislation as a show of force on its climate ambitions. A “mere” government policy target could have simply been broken and forgotten about as is all too common amongst governments of all colours but once placed in law, the government would have been acting unlawfully if the target was missed.

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Scotland’s Population

“Look again at that dot. That’s here. That’s home. That’s us. On it everyone you love, everyone you know, everyone you ever heard of, every human being who ever was, lived out their lives.” – Carl Sagan

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Every year the National Records of Scotland produces an annual population estimate for the nation. While not quite as comprehensive as the once-per-decade census (at least, when the census isn’t marred by the problems of the 2022 Scottish census), it provides a good rolling picture of Scotland’s population both at a national level and at a more local level both on the scale of Local Authorities and per NHS Health Boards (the latter being important for the allocation of healthcare budgets and is gathered because one of the tools used to estimate population change is the number of people who present to the NHS with an illness or injury in a given year). Indeed, a report was published in March comparing the rolling mid-year estimate to the 2022 census and found that the estimate was within around 1% of the census value (which is a fair bit more precise than, say, the 3.4% margin of uncertainty in the revenue estimates in GERS).

The headline figure you’ll have gathered from the news is that Scotland’s population is growing faster than it has since the end of the Second World War (itself a statistical glitch as many thousands of soldiers returning all at once tended to bump the numbers) and that the growth rate is being driven by immigration to Scotland.
I fully expect that line to get more negative attention than it should given the rabidly anti-migrant stance that the UK is rapidly slipping down, driven by increasingly extreme social media cesspits – certainly a view backed up by the fight going on in the comments section of the BBC article reporting on the new figures – so it’s worth doing the thing I often do with reports like this and taking a dip beneath the headlines for a more detailed and nuanced view of Scotland’s changing demographics.

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We Support An NCS – But Not Like This

“It’s easy for common people to say what they think about the government. No one listens to them.” – Ljupka Cvetanova

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So NOW the Scottish Government wants to talk?

In the wake of Cosla withdrawing their support for the National Care Service Bill, the Scottish Government has called for talks to resolve the dispute and to help get their flawed Bill across the line.

The problem is that there’s very little trust left among stakeholders in the care bill – including campaigners like Common Weal. We sympathise with Cosla who were placed in a very difficult position right from the start. Common Weal cannot support the Bill in its current form, or even if the Scottish Government’s proposed Stage 2 amendments pass as they currently are. We, too, are forced to say now that the Bill needs to be massively overhauled or killed and started again.

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The Devolution Deficit

“Humanity’s true moral test, its fundamental test…consists of its attitude towards those who are at its mercy” – Milan Kundera

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Despite plenty of warning before the elections, new Chancellor Rachel Reeves has suddenly discovered a massive “hidden” black hole in the UK’s finances and she needs to make “difficult choices” to fix it. This is hardly to excuse the last 14 years of Conservative rule – it’s not as if they made a particular secret about their attempts to hollow the nation out for their own benefit – but as Robin has explained, political figures never seem to make “difficult choices” that would make things difficult for those who can afford it.

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Unburdening Myself

“Sometimes, sitting here in the dark, slowly slowly creating strategy, she wondered if she was only fooling herself to think her plans were clever.” – Vernor Vinge

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Virus

I spent last Thursday reading the first of the UK Covid inquiry reports and I really can’t tell you how unburdened it made me feel. A stain on my soul that I’ve carried for years may well be healing.

As someone in the world of think (and do) tanks and in lobbying I don’t expect to have everything I say adopted before the ink is even dry on the page. That’s not how it works. Our greatest policy successes have been long, hard struggles and because much of the hardest work happens in the background, when the success does come folk can wonder why we felt we had to fight so hard because, in hindsight, how could it have gone any other way? It led me to coining the phrase that everything in politics seems impossible until the moment it becomes inevitable.

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