By Tom Gordon

July 15, 2005

MSPs do not have to abide by the freedom of information rules they imposed on Scotland's public bodies, including Holyrood.

Kevin Dunion, the Scottish information commissioner, issued the judgment yesterday, after being asked to decide if MSPs had to disclose information about their constituency work.

Freedom of information law requires the parliament, as an institution, to disclose all data it holds to the public, subject to a few limited exceptions.
As MSPs make up the parliament, Mr Dunion was asked if they too had to disclose their paperwork.

The inquiry followed an freedom of information request by a constituent into the constituency work of his MSP.

Mr Dunion said that because the act did not mention them specifically, and other parliamentarians round the world were not covered by freedom of information, MSPs' business was exempt. But he warned that the presiding officer and MSPs on the corporate body could be forced to disclose paperwork about their role as Holyrood's legal managers.