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Scottish housing associations could be covered by FOIA by 2019

The Freedom of Information Act (FOIA) could apply to housing associations in Scotland from April 2019, depending on the outcome of a parliamentary vote.

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Scottish housing associations could be covered by FOI act by 2019 #ukhousing

Extending FOI to Scottish housing associations has been long-anticipated #ukhousing

Sector calls for 18 months preparation time before FOI act is extended #ukhousing

In a long-anticipated move Joe FitzPatrick, minister for parliamentary business, announced a draft order today to extend Freedom of Information to registered social landlords in Scotland.

Mr FitzPatrick said: “The Scottish Government regularly reviews coverage of Freedom of Information Act legislation. Previous orders have designated a range of arm’s-length trusts providing cultural, leisure and sporting services, private prison contractors, grant-aided and independent special schools.

“The proposed order extends the statutory right to request information to registered social landlords [RSLs] insofar as they – as private bodies - undertake functions for which they are already subject to regulation and oversight by the Scottish Housing Regulator.


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“This will give RSL tenants, and others, the same rights to information as those enjoyed by tenants of local authorities.”

Responses to a government consultation on the move will inform the final legislation and subject to a vote in parliament it is expected the order will come into effect from April 2019.

Helen Moore, chair of Glasgow and West of Scotland Forum of Housing Associations (GWSF), said housing associations will now have to manage “significant red tape which the FOIA system inevitably brings, and this will have to be funded by tenants’ rents”.

She said: “Providing information in an open and accessible way has always been an important principle for our members. That approach will continue to develop, and we know that being subject to Freedom of Information does not in itself make an organisation naturally open and transparent.

"But what will very much change with FOI is that housing associations, whatever their size, will need to put time and money into preparing to manage the significant red tape which the FOI system inevitably brings, and this will have to be funded by tenants’ rents. Even simple information requests which are currently answered quickly and straightforwardly will need to be dealt with as FOI requests."

She added GWSF will call for a minimum lead-in time of 18 months before FOI applies to the sector.

Sean Clerkin, campaign coordinator at the Scottish Tenants Organisation, said: "We would welcome the extension of freedom of information to all housing associations and their subsidiaries as a major step forward for housing associations to be genuinely open, transparent and accountable.

"This will mark a sea-change in the culture of housing associations towards genuine transparency."

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