Cladding Stakeholder Group information: FOI release

Information request and response under the Freedom of Information (Scotland) Act 2002

Information requested

Information on the Cladding Stakeholder Group, specifically:

1. All monthly agendas and minutes, since the Group was formed.

2. The full membership list of the Group, including any historical membership lists where members have left/joined.

3. The terms of reference for the group.

4. Any documents produced by the Scottish Government for presentation to or discussion with the Group.

5. Any notes or draft minutes prepared by SG officials following meetings of the group.

6. Internal SG emails regarding the organisation of meetings of the Group.


I attach a copy of some of the information you requested.

Please find attached the terms of reference for the Cladding Stakeholder Group in response to request number 3.

While our aim is to provide information whenever possible, in this instance we are unable to provide some of the information you have requested because of exemptions as detailed in the following paragraphs.

In response to requests 1, 2, 4, 5 and 6, the Cladding Stakeholder Group documents, emails, agendas and minutes are exempt under section 33(1) of the Freedom of Information (Scotland) Act. Disclosure under the Act would, or would be likely to, prejudice substantially the commercial interests of any person (including, without prejudice to that generality, a Scottish public authority) and therefore I am unable to provide any information on this.

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.

Information from the Cladding Stakeholder Group is also exempt under sections 30 and 36 of the Freedom of Information (Scotland) Act. Information is exempt under section 30 if disclosure would substantially inhibit the free and frank provision of advice and exchange of views and would prejudice substantially the effective conduct of public affairs.

Under 36(2) information is exempt where disclosure would constitute an actionable breach of confidence. This is an absolute exemption. The terms of reference for the Cladding Stakeholder Group state the members agreed to maintain confidentiality of discussions. Discussions at the group cover information associated with high priority buildings and this cannot be disclosed due to the privacy notice agreed with homeowners.

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at

FOI 202200313906 - Information Released - Annex


Please quote the FOI reference
Central Enquiry Unit
Phone: 0300 244 4000

The Scottish Government
St Andrews House
Regent Road

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