Publication - FOI/EIR release

Minister for Zero Carbon Buildings, Active Travel and Tenants' Rights correspondence around accommodation: FOI release

Published: 18 December 2023
Directorate: Local Government and Housing Directorate
Topic: Public sector
FOI reference: 202300346134
Date received: 6 March 2023
Date responded: 31 May 2023

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

Information requested

All correspondence (digital and paper), meeting notes and minutes, and telephone call transcripts between the Minister for Zero Carbon Buildings, Active Travel and Tenants' Rights, Patrick Harvie MSP, and individuals or organisations claiming to represent a) tenants, b) private landlords, c) social landlords and d) purpose built student accommodation providers between 6 October 2022 and 19 January 2023.

Response

A copy of some of the information you requested is attached.

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 sections 38(1) (b) - Third party personal data and 30(b) (2) - Substantial inhibition to free and frank exchange of views of FOISA applies to that information. This applies to information that may cause a substantial inhibition to free and frank exchange of views, for example, there may be a reluctance to provide feedback

An exemption under section38(1)(b) applies to personal data such as names, or information that may identify people. 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.

An exemption under Section 30 (b)(2) of FOISA applies to some of the information you have requested.

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. However, this is outweighed by the public interest in which would enable information to be withheld if its disclosure would inhibit the free and frank exchange of views for the purpose of deliberation. If respondents to a consultation knew their response could be disclosed at a later they would adjust their comments accordingly. Preserving that confidentiality encourages the free and frank exchange of views that is vital for policy development

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.