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A Transparency Agenda for Scotland Kevin Dunion Centre for Freedom of Information, School of Law, University of Dundee

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Presentation on theme: "A Transparency Agenda for Scotland Kevin Dunion Centre for Freedom of Information, School of Law, University of Dundee"— Presentation transcript:

1 A Transparency Agenda for Scotland Kevin Dunion Centre for Freedom of Information, School of Law, University of Dundee

2 Scotland’s Future Scotland should have a written constitution which reflects the values of the people of Scotland. The preparation of a written constitution should commence after independence under the auspices of the independent Scottish Parliament. Scotland’s Future: from the Referendum to Independence and a Written Constitution Scottish Government 2013

3 SNP Proposed Constitution 2002 “Every person shall have the right of access to governmental information save on a restricted range of matters in which secrecy or confidentiality is authorised or required by law and in the public interest.” Article 10 SNP Proposed Constitution for an independent Scotland 2002

4 Constitutional Commission  “Every person shall have the right of access to government information. The right of access to official information can only be restricted by law to the extent necessary, in a democratic society, for the purpose of protecting personal privacy, national-security, or diplomatic confidentiality or for ensuring the due process of judicial proceedings.” W. Elliot Bulmer A Model Constitution for Scotland - Making democracy work in an independent state

5 Scope of constitutional guarantee “1.The right to information is guaranteed. 2.Everyone has the right in compliance with the law, to get information about the activity of state organs, as well as of persons who exercised state functions.” Constitution of Albania “Everyone shall have the right to access information held by state authorities and organisations exercising public authority” Constitution of Montenegro

6 Model Constitutional Guarantee of the Right to Information  “Everyone has the right to access all information held by public authorities, defined broadly to include all branches and levels of government, bodies which are created by the constitution or by law, bodies which are owned or controlled by other public authorities, and bodies which are substantially funded by other public authorities or which perform a public function, to the extent of that funding or function.” Centre for Law and Democracy- March 2012 Entrenching RTI: Analysis of Constitutional Protections of the Right to Information

7 Sweden – Administrative Procedures Act  “Enquiries made by people shall be answered as soon as possible (Administrative Procedures Act 1986 Section 4).  ” Each matter … shall be handled as simply, rapidly and economically as is possible without jeopardising legal security. The authority shall aim at expressing itself in an easily understandable way.“(Administrative Procedures Act 1986 Section 7)

8 Global Right to Information Ratings – Top 32

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10 Professor Kevin Dunion, Centre for Freedom of Information School of Law, University of Dundee


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