Publication - FOI/EIR release

Development of Rental Income Guarantee Scheme (RIGS): FOI release

Published: 28 November 2017
Topic: Housing, Public sector

Information request and response under the Freedom of Information (Scotland) Act 2002.

FOI reference: FOI/17/02416
Date received: 17 October 2017
Date responded: 23 November 2017

Information requested

All feasibility reports, meeting papers, emails, correspondence, presentations, budget projections and consultation input from stakeholders relating to the development of the Rental Income Guarantee Scheme (RIGS).

Response

I enclose a copy of most of the information you requested in the electronic format you asked for which are included as attachments in the email I am sending to you.

While our aim is to provide information whenever possible, in this instance we are unable to provide some of the information you have requested because exemptions under Section 33 of the Freedom of Information (Scotland) Act 20020 (FOISA), disclosure would (or would be likely to) prejudice substantially the financial interests of an administration in the UK (section 33(2)(b)) and exemptions Section 27(1) of the Freedom of Information (Scotland) Act 2002 (FOISA), allows public authorities to refuse to disclose information if they already plan to publish it within the next 12 weeks, but only if it is reasonable to delay disclosing the information until the planned date of publication. The reasons why the exemptions apply are explained below.

Reasons for not providing information

An exemption applies.

An exemption(s) under section(s) Section 33 of the Freedom of Information (Scotland) Act 20020 (FOISA), disclosure would (or would be likely to) prejudice substantially the financial interests of an administration in the UK (section 33(2)(b)) This exemption is subject to the 'public interest test'. Therefore, taking account of all the circumstances of this case, we have considered if the public interest in disclosing the information outweighs the public interest in applying the exemption. We have found that, on balance, the public interest lies in favour of upholding the exemption as releasing the information would increase the risk of the scheme being unable to operate effectively in support of achieving the Scottish Government's policy objective.

The exemption applies to the information you requested in your email which refers to "budget projections relating to the development of RIGS".

RIGS is an innovative initiative which is one element of the Scottish Government's More Homes Scotland approach to increase the supply of homes across all tenures. Releasing financial information which underpinned RIGS, beyond that which is already publicly available, would provide potential applicants and beneficiaries of the scheme with financial data which could undermine the viability of the scheme. An exemption under Section 27(1) of the Freedom of Information (Scotland) Act 2002 (FOISA), allows public authorities to refuse to disclose information if they already plan to publish it within the next 12 weeks, but only if it is reasonable to delay disclosing the information until the planned date of publication.

This exemption is subject to the 'public interest test'. Therefore, taking account of all the circumstances of this case, we have considered if the public interest in disclosing the information outweighs the public interest in applying the exemption. We have found that, on balance, the public interest lies in favour of upholding the exemption as there is a greater public interest in taking the time necessary to ensure the information has been properly collated and checked before it is published as planned. Also, we see no public interest in disrupting our programme of work to release the information ahead of the intended publication date.

The exemption applies to the information you requested in your email which refers to "consultation input from stakeholders relating to the development of the Rental Income Guarantee Scheme (RIGS)"

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