Affordable Housing Supply Programme Coordination Group minutes: FOI Review

Information requested

Original request - 202300386087

Under FOISA please provide the Affordable Housing Supply Programme Coordination Group minutes for meetings held since 18 August 2023.

Response

I have now completed my review of our response to your request under the Freedom of Information (Scotland) Act 2002 (FOISA) for the Affordable Housing Supply Programme Coordination Group minutes for meetings held since 18 August 2023.

In your request for a review you expressed your dissatisfaction with the use of blanket exemptions. I have looked again at the original decision and have concluded that the original decision should be confirmed with modifications.

I have concluded that only exemptions Section 30(c) (prejudice to effective conduct of public affairs), Section 36(1) – confidentiality and Section 38(1)(b) - Third party personal data should be applied to the information requested.

Some of the information previously withheld under Section 27(1) – Future publication within 12 weeks, Section 29(1)(a) – Formulation/development of government policy and Section 33(2)(b) - Substantial prejudice to the financial interests of a UK administration is now being withheld under Section 30(c) or Section 36(1). This includes housing statistics on approvals, starts and completions from October, November and December which will not be released within 12 weeks but will be published in March 2024. These were previously withheld under Section 27 and I have concluded that it is in the public interest to withhold these figures under Section 30(c) until they are published.

I have decided that on balance it is in the public interest to release some of the information previously redacted under Section 30(c) of FOISA (prejudice to effective conduct of public affairs). This information is included in the minutes which I am now releasing to you. I am also releasing the December minutes which are now available.

I have however concluded that this exemption was correctly applied to most of the information originally withheld, and that it is in the public interest to withhold this information. In summary, disclosing this information would substantially prejudice officials’ ability to conduct the in-year management, coordination and delivery of the Affordable Housing Supply Programme.

As explained in the original response, the Programme Co-ordination Group is an internal monthly meeting of More Homes Division officials to discuss progress and issues relating to the Affordable Housing Supply Programme. Officials manage the expenditure and physical outputs in the Affordable Housing Supply Programme and there will be changes to the individual projects and expenditure during the financial year. The monthly meetings enable officials to discuss progress and deliberate changes which may happen during the course of the financial year.

It is essential for officials to be able to meet, in confidence, to scenario plan, discuss in-year delivery of the programme and their interaction with external stakeholders on a range of delivery issues. These discussions can relate to commercially sensitive or other issues, such as the performance of individual organisations, or information related to individual areas and/or organisations and reflects officers’ views on the pace and likelihood of delivery. These are discussions that may or may not result in a decision or change coming to fruition but are important to be able to be undertaken in confidence, in order that due consideration may be made.

The release of information at this stage in the process will harm stakeholder relations, as they could view the information released as a change to expected decisions, approaches or funding, cause confusion and may lead to a breakdown in trust while discussions are ongoing.

Releasing the information requested would also significantly harm the Government’s ability to carry out effective management of the Affordable Housing Supply Programme. It is important to the management of the programme that officials feel able to look at different options, consider the impact of the decisions that need to be made and find the best solution. This would constitute substantial prejudice to the effective conduct of public affairs in terms of the exemption.

This exemption is subject to the ‘public interest test’ which I have also revisited. Taking account of all the circumstances of this case, I have considered if the public interest in disclosing the information, outweighs the public interest in applying the exemption. I have found that, on balance, the public interest lies in favour of upholding the exemption. I recognise that there is a public interest in disclosing information as part of open, transparent and accountable government. However, there is a greater public interest in protecting the process of allowing officials to be able to meet, in confidence, to discuss in-year delivery of the programme and their interaction with external stakeholders on a range of delivery issues, as part of the process of exploring and refining the Government’s in-year management of the Affordable Housing Supply Programme, thus ensuring that the Scottish Government is able conduct this aspect of its business effectively. Additionally, this allows all options to be properly considered, so that decisions can be taken based on fully informed advice and evidence.

An exemption under section 36(1) of FOISA (confidentiality in legal proceedings) applies to some of the information requested because it is legal advice and disclosure would breach legal professional privilege.

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. We recognise that there is some public interest in release as part of open and transparent government, and to inform public debate. However, this is outweighed by the strong public interest in maintaining the right to confidentiality of communications between legal advisers and clients, to ensure that Ministers and officials are able to receive legal advice in confidence, like any other public or private organisation.

Most of the information which has been withheld from the documents is covered by Section 38(1)(b) of FOISA - Third party personal data as it is the names of individuals. I am satisfied that this exemption has been applied correctly because disclosing the information would contravene the data protection principles in Article 5(1) of the General Data Protection Regulation and in section 34(1) of the Data Protection Act 2018. This exemption is not subject to the ‘public interest test’, so we are not required to consider if the public interest in disclosing the information outweighs the public interest in applying the exemption.

I have highlighted which exemption has been applied to each piece of information withheld in each document to clarify that.

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at http://www.gov.scot/foi-responses.

FOI 202300390763 - Information Released - Annex

File type

32 page PDF

File size

532.6 kB