Scottish Parliament – Sept. 16, 2025 – 4.22.2

Amendment 24, which is linked to amendments 17 and 19, makes it clear that the right of the commissioner to report to the Court of Session or publicise the criminal justice body’s failure to provide information does not apply if the criminal justice body is relying on the exceptions in sections 14(3) or 14(4)—that is, where the body could refuse to provide information to a court or, in the case of the Lord Advocate, where doing so might prejudice criminal proceedings or be contrary to the public interest. Amendment 21 provides the commissioner with an alternative route—to the Court of Session—if a criminal justice body has refused to provide information based on the exception in section 14(3) and the commissioner wishes to challenge that refusal. That ensures that the commissioner’s ability to take enforcement action towards criminal justice bodies, where appropriate, is not undermined. I urge the Parliament to support my amendments in the group.