Should you be able to request information from private companies who perform the public function of running prisons? How about independent schools which receive public funding?
Such questions were at the heart of a consultation from the Scottish Government last year, which asked whether the Freedom of Information (Scotland) Act of 2002 should be extended to cover more bodies. These were:
- Contractors who run privately-managed prisons
- Providers of secure accommodation for children
- Grant-aided schools
- Independent special schools
The WhatDoTheyKnow team responded to the consultation with arguments in favour of the extension of the Act to cover all such bodies: you can read the team’s full response here (including an explanation of why bodies which are not subject to the FOI Act have sometimes been added to the site).
We’re glad to say that the consultation committee were seemingly in accord with those views, and all the bodies consulted on will become subject to the Scottish FOI Act from 1 September 2016 (subject to Scottish parliamentary process). In their response, which can be viewed on the consultation page, WhatDoTheyKnow were mentioned in relation to private prison contractors:
We also note the response from WhatDoTheyKnow (…) who strongly supported extension to private prison contractors given their view that the detention of individuals in custody under order or sentence of the courts was undoubtedly a public function.
Meanwhile, we await developments on the UK Freedom of Information consultation, which we also submitted to. Apparently they are analysing feedback and will be hearing oral evidence from some parties next week, with an intention ‘to report as soon as possible after these sessions’. So, not long now.