openness and transparency challenges for housing associations rosemary agnew scottish information...
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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: [email protected] W: www.itspublicknowledge.info
Marked for the attention of Rosemary Agnew or Lorraine Curry