Openness and Transparency Challenges for Housing Associations Rosemary Agnew Scottish Information Commissioner

What would I like today to be? Just what is my position on RSLs? Overview of FOISA and EIRs What 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

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

FOISA Right to Information S1 General Entitlement A person who requests information from a Scottish public authority which holds it is entitled to be given it by the authority. Duty to Publish 14 S23 Publication Schemes … must (a)adopt and maintain a scheme which relates to the publication of information … approved by the Commissioner; (b)publish information in accordance with that scheme; and (c)from time to time review that scheme.

EIRs Making information availableEI(S)Rs, 2004 R5 Duty to make available environmental information a Scottish public authority that holds environmental information shall make it available when requested to do so by any applicant. 15 Regulation 4 … shall take reasonable steps to organise and keep up to date the environmental information […] which it holds, with a view to the active and systematic dissemination of that information to the public and shall make that information progressively available to the public by electronic means unless it was collected before 14th February 2003 and is not available in electronic form.

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 Commissioner Kinburn Castle Doubledykes Road St Andrews KY16 9DS T: E: W: Marked for the attention of Rosemary Agnew or Lorraine Curry