Affordable Housing Supply Programme budget cut information: FOI release

Information requested

I request all information held regarding the decision to remove approximately £200 million (26%) from the Affordable Housing Supply Programme in the 2024-25 Scottish Budget – in plain terms, who authorised this theft from social housing, why it was done, and where the stolen money was reallocated.

PERIOD: 1 June 2023 – 30 May 2026

Your request was organised into a further 8 headings, encompassing 28 separate requests.

Response

We do endeavour to provide information whenever possible. However, under section 18(1) of FOISA, a public authority may refuse a request where:
- if the information existed and was held by the authority, it would be exempt from release under any of sections 28 to 35, 38, 39(1) or 41 of FOISA; and
- the authority considers that to reveal whether the information exists, or is held by it, would be contrary to the public interest.

In this instance, if the information you request did exist or was held by us, an exemption under section section s.30(b)(i) of FOISA would apply to that information. This exemption would apply because Cabinet discussions are confidential (to allow “free and frank” advice). We also consider that to reveal whether the information you have requested exists, or is held by the Scottish Government, would be contrary to the public interest. For these reasons, we are refusing your request under section 18(1) of FOISA.

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 an exemption under section 29(1)(a) (formulation or development of government policy), 29(1)(b) (Ministerial communications), 30(b)(i) (substantial inhibition to free and frank provision of advice), 30(b)(ii) (substantial inhibition to free and frank exchange of views) and Section 36(1) – Confidentiality (Legal Professional Privilege).

These exemption are 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. We have considered the public interest in disclosing the information, which includes promoting transparency and accountability in relation to the budget, communications and legal processes. However, we have concluded that this is outweighed by the public interest in ensuring there is a private space within which Ministers and officials can develop policy, exchange views, and provide full and frank advice. On balance, we consider the public interest lies in maintaining these exemptions. Further details of where these are applied are provided in Annex A.

Some of the information you have requested is available from the Scottish Government website: The Scottish Government - gov.scot (further details are provided in Annex A). Under section 25(1) of FOISA, we do not have to give you information which is already reasonably accessible to you. If, however, you do not have internet access to obtain this information from the website listed, then please contact me again and I will send you a paper copy.

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 an exemption under section s.38(1)(b) (personal information) of FOISA applies to that information (see Annex A). This exemption applies as the information contains personal data relating to individuals, the disclosure of which would contravene the data protection principles set out in the UK General Data Protection Regulation and the Data Protection Act 2018.

This exemption is not subject to the 'public interest test', so we are not required to consider if the public interest in disclosing the information outweighs the public interest in applying the exemption.

While our aim is to provide information whenever possible, in this instance the Scottish Government does not have some of the information you have requested. The reasons why we don't have the information are also explained in Annex A to this letter.

Where information has been withheld, this is clearly marked in the enclosed documents.

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at https://www.gov.scot/foi-responses.

FOI 202600519095 - Information released - Annex A

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