John Swinney has dismissed suggestions that Freedom of Information (FOI) legislation should be extended to cover political parties – despite Scotland’s Information Commissioner insisting there should be a “discussion” on the matter.
David Hamilton said while he would “not hold my breath” on extending FOI laws to parties, he said: “I think at least we should have that discussion.”
He spoke out on the issue at a meeting of the Scottish Public Information Forum on Monday.
Join us at SPIF on 08/06/26 (10:30–12:30), online or at the Scottish Parliament. Hosted by @CFoIScot, with speakers incl. @KatySClark MSP giving an update on the FOI Reform Bill, plus the Scottish Information Commissioner, Scottish Gov & UK ICO. Book: https://t.co/xnzP26U2n7 pic.twitter.com/91PFWozQ9d
— Scottish Information Commissioner (@FOIScotland) June 4, 2026
But his comments came as Mr Swinney made clear that while FOI laws apply to public bodies, political parties do not fall into this category.
Speaking to the Press Association the First Minister stressed: “Public authorities are covered by the Freedom of Information legislation. Political parties are not public authorities.”
He added that political parties “exercise their responsibility in relation to their own governance” adding it was “for each party to regulate themselves in the context of the regulation of regulation undertaken by independent bodies like the Electoral Commission”.
The First Minister added: “Political parties are subjected to regulation by the Electoral Commission political parties are membership organisations that are entitled to their determine their own choices and their own priorities.”
Labour MSP Katy Clark is meanwhile seeking a meeting with the Scottish Government as she plans to bring back a member’s bill to reform FOI laws.
MSPs had approved the general principals of her Freedom of Information Reform (Scotland) Bill back in February – but with time at Holyrood running short in the run-up to May’s election MSPs made clear that the issue “should be addressed in the next parliamentary session”.
What we’re asking from the Scottish Government this time is that they engage seriously with the proposals in the Bill
Ms Clark told the Scottish Public Information Forum she was now seeking talks with the Scottish Government to see if it would back her proposals this time round.
She said: “The Scottish Government didn’t seriously engage with the detail of the Bill during the last Parliament.
“What we’re asking from the Scottish Government this time is that they engage seriously with the proposals in the Bill.”
Ms Clark said she could just go back to Holyrood and ask for the Bill to be resurrected, but she stated: “An attempt to have a meaningful discussion with the Scottish Government about the proposals that are within the Bill seems to me to be the best next step.
“What I am now seeking, hopefully in the coming weeks and hopefully before the summer recess is a meeting to discuss the content and the substance of the proposals.”
And while she said she had “not had an indication from the Scottish Government in terms of their approach”, the Labour MSP added: “If we look overall at the political composition of the Parliament I think it is fair to say there is likely to be an appetite for FOI reform.”

