Openness and Transparency

Challenges for Housing Associations

Rosemary AgnewScottish Information Commissioner

What would I like today to

be?

Just what is my position on

RSLs?

Overview of FOISA and

EIRsWhat next?

Overview

RSLs and FOI

Extension of FOI Special Report

Findings• Ministers failed to use section 5

powers so:– Scope of FOI has reduced since law came

into force– Existing rights to access to information

have been lost or reduced• The stated intentions to extend FOI

have not materialised

• Ultimately the extension of FOI is a political decision based on what Ministers decide are functions of a public nature

Contributory factors

1. Changes in the way public services are delivered

2. Lack of focus on rights

3. Lack of understanding about role of Ministers in relation to “Functions of a public nature”

What the report asked for

• Consideration of extension• Reinstatement of lost rights• Clarity in how designation

decisions are made

How the world moves

[SG] decided not to consult on the extension of [FOI] to housing associations

How the world moves

[SG] decided will consult on the extension of [FOI] to housing associations

In summary

http://www.itspublicknowledge.info/home/SICReports/OtherReports/DesignationConsultation2015CommissionersResponse.aspx

SIC thoughts

Two aspects• Restoration of lost rights and enforceability• Extension to all RSLs to create equality and

parity based on 10 factors

If, after consultation FOI designation • is appropriate - full designation• is not appropriate – how can we bring FOI and

HC closer?

FOISA and the EIRS

In summary

FOISA• Respond to information

requests (not environmental) which must be in recordable format

• Publish proactively by having an approved publication scheme (expected to adopt SIC model publication scheme)

EIRs• Respond to EIRs

requests (which can be verbal)

• Make Environmental Information available proactively (a publication scheme would meet this)

• Benefits …

What next

So …

FOISA and the Housing Charter

How could we strengthen the Social Housing Charter?

Two specific factors

Additional burden

Public opinion

Summary of differences

FOI• Universal right• Duty to respond• Duty to publish proactively• Accountable to all• Enforceable• Good practice monitored and

supported• Information focussed• Responsive to what citizens

ask for• Protections for legal, personal,

commercial information

Housing Charter• Expectation that

information will be given• Accountable to tenants (and

customers)• Regulated through

performance assessment and interventions

• Communication focused• Based on what SL’s choose

to say• Legal, personal, commercial

information not required

Duty to respond: Strengthen commitment 2

• Sign up to principles of section 60 Code of Practice

• Demonstrate commitment:– record and report on numbers of information

requests, and outcomes (including refusals)– track timescales for response– track what type of information

• RSL retain control of response for FOISA, meet duty under EIRs

• No right of review for FOISA, but could contribute to reporting/ monitoring of outcome 2

Duty to publish: build on what you do

• Model publication scheme– Minimum requirements for guide to

information• Think about wider accountability,

not only to tenants and customers• Would also help you meet duty

under EIRs

Questions

Scottish Information CommissionerKinburn CastleDoubledykes RoadSt AndrewsKY16 9DS

T: 01334 464610E: enquiries@itspublicknowledge.info W: www.itspublicknowledge.info

Marked for the attention of Rosemary Agnew or Lorraine Curry