What happened with Scottish Government WhatsApp messages?
Here's what you need to know.
What happened with government WhatsApp messages?
WhatsApp messages pertaining to government business are discoverable via Freedom of Information.
This was something that the Scottish Government was aware of during the Covid pandemic.
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The UK Covid inquiry heard evidence that Professor Jason Leitch, the national clinical director during the period, had reminded ministers of the fact and told them: "WhatsApp deletion is a pre-bed ritual".
Ken Thomson, who was director general for strategy and external affairs under Ms Sturgeon, was found to have written in a civil servant WhatsApp group: 'Just to remind you (seriously) this is discoverable under FOI. Know where the 'clear chat' button is.'
He added: 'Plausible deniability are my middle names. Now clear it again.'
Did ministers delete them?
They did.
In August 2021, then First Minister Nicola Sturgeon said all communications made during the Covid pandemic would be made available to the public inquiry including "emails, WhatsApps, private emails".
She admitted at the inquiry last year she had deleted the messages, as had her deputy John Swinney.
Her successor, Humza Yousaf, later issued an apology and said there was "no excuse" for the communications having been erased.
Boris Johnson, who was the UK Prime Minister at the time, also faced criticism after around 5,000 messages went missing.
(Image: PA) What would the proposed law change do?
The current Freedom of Information (Scotland) act came into force in 2005.
The proposed bill would change the act to introduce penalties for the destruction of material that could be subject to public scrutiny.
If done deliberately or recklessly, even before a request is made, deletion would be a criminal offence.
IT would also remove a power from the First Minister - which has never been used - which allows him or her to override FOI rulings made by the Scottish Information Commissioner.
What has been said?
Ms Clark said: "It is completely unacceptable for politicians and officials to wipe WhatsApps, texts and other messages about the work of government and public bodies.
"Nicola Sturgeon and John Swinney still have very serious questions to answer about the disappearance of all of their WhatsApp messages about the SNP's handling of the Covid-19 pandemic.
'Their explanations about the unavailability of these messages is simply not good enough given the lives lost and the catastrophic decision to admit infected patients into care homes at the height of the outbreak.
"Nicola Sturgeon, in particular, has offered up remarkably similar excuses to Boris Johnson when failing to provide WhatsApp messages from her phone to the Covid public inquiry. "
David Hamilton, the Scottish Information Commissioner, welcomed the Bill and said it was time to modernise FOI for the digital age.
'In the 20 years since it was introduced, FOI has had a big impact, with more than 1.4 million requests made to Scotland's public bodies,' he said.
'After 20 years though, it is undoubtedly time for a refresh — not least because there have been massive changes in both the way we access information and the way public bodies deliver their services.'
The Scottish Government said: "Scotland has the most open and far-reaching Freedom of Information legislation in the UK. As this Member's Bill has now been introduced, it will be scrutinised by Parliament and we will consider its detail.'
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