Preparation of briefings regarding Building (Scotland) Amendment Regulations: EIR release

Information requested

Briefings provided to Ministers or officials, and the internal and external communication relating to the preparation and coordination of these briefings and comments, for the following public statements:

• The spokesmen comment given to the Architects Journal for the piece published 4 April 2022, entitled "Scotland to ban flammable cladding on residential builds over 11m" (https://www.architectsjournal.co.uk/news/scotland-to-ban-flammable-cladding-on-residential-buildsover- 11m?tkn=1)
• The spokesmen comment given to The Herald for the piece published 4 April 2022, entitled Scottish Government to bring in tough flammable cladding ban (https://www.heraldscotland.com/politics/20044376.scottish-government-bring-tough-flammablecladding- ban/)
• The spokesmen comment given to The Times which appeared in the piece published 1 April 2022, entitled Firefighters reject cladding loophole (https://www.thetimes.co.uk/article/firefighters-rejectcladding- loophole-xsj9ndjkq)
• The spokesmen comment given to the for the piece published 28 March 2022, entitled Kingspan lobbies for continued use of combustible materials on high rises in Scotland (https://www.insidehousing.co.uk/news/news/kingspan-lobbies-for-continued-use-of-combustiblematerials- on-high-rises-in-scotland-74862)

As the information you have requested is 'environmental information' for the purposes of the Environmental Information (Scotland) Regulations 2004 (EIRs), we are required to deal with your request under those Regulations. We are applying the exemption at section 39(2) of the Freedom of Information (Scotland) Act 2002 (FOISA), so that we do not also have to deal with your request under FOISA.

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, because there is no public interest in dealing with the same request under two different regimes. This is essentially a technical point and has no material effect on the outcome of your request.

Response

I enclose a copy of most of the information you requested in the attached pdf document.

An exception under Regulation 10(4)(e) of the EIRs applies to some the information you have requested.

Regulation 10(4)(e)– internal communications in relation to SPQ background notes, Ministerial/media briefings, lines to take, etc. An exception under regulation 10(4)(e) of the EIRs (internal communications) applies to some of the information you have requested because it is internal communication about lines to take. This exception 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 exception. We have found that, on balance, the public interest lies in favour of upholding the exception. We recognise that there is a public interest in disclosing information as part of open, transparent and accountable government, and to inform public debate. However, there is a greater public interest in allowing a private space within which officials can provide free and frank advice and views to Ministers in briefing for lines to take. It is clearly in the public interest that Ministers can properly and robustly defend the Government's policies and decisions. They need full and candid advice from officials to enable them to do so. Disclosure of this type of information could lead to a reduction in the comprehensiveness and frankness of such advice and views in the future, which would not be in the public interest.

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 - 202200292961 - Information release

File type

18 page PDF

File size

731.4 kB