Home Reports

Dear Mr Vassey,

Thank you for your request dated 2 December, which is outlined below, for
information under the Freedom of Information (Scotland) Act 2002 ("the
Act")

"Communities Minister Stewart Maxwell is quoted (BBC Radio's Good

Morning Scotland programme) as saying:-

"We took advice from the housing sector and experts on this, ...

We looked at the representations that came in, we looked at the evidence
and we decided that we should go ahead."

Please provide, under the Freedom of Information (Scotland) Act (or

the Environmental Information (S) Regulations, whichever applies),

the advice which the Scottish Government received, and the records

of the deliberations and decision to introduce Home Reports.

In answering your request, we have worked on the basis that you are
seeking information relating to the decision to go ahead with the
introduction of the Home Report on 1 December 2008 in light of calls for
delay in view of the difficult economic and market conditions facing the
housing market.

The advice that the Scottish Government received from third parties
included the views of representatives on stakeholder groups, views
expressed in conversation, in some cases on a confidential basis,
correspondence from third parties and the views of third parties as
expressed in press releases or in press articles.

The deliberations and decision to proceed with the introduction of Home
Reports on 1 December included specific consideration at Ministerial
level. However, an exemption under Section 29 of the Act applies to
information held by the Scottish Administration relating to the
formulation or development of government policy or Ministerial
communications. Additionally, an exemption under Section 30 applies to
information where its disclosure would, or would be likely to, inhibit
substantially the free and frank provision of advice or the free and frank
exchange of views for the purposes of deliberations.

As the exemptions under Sections 29 & 30 are conditional, we have applied
the 'public interest test'. This means we have, in all the circumstances
of this case, considered if the public interest in disclosing records of
deliberations and the decision to proceed outweighs the purposes for which
the exemptions exist. We have found that, on balance, the public interest
lies in favour of applying these exemptions.

An exemption under section 38 (1) and (2) of the Act also applies to some
of the information requested. This means that some of the documents
included within our disclosure to you have been redacted i.e. some text
has been removed. This information is exempt as it constitutes personal
information and the disclosure of such information would breach one or
more of the data protection principles of the Data Protection Act 1998.

We do endeavour to provide information whenever possible and on that
basis, and in the light of the position on exemptions outlined above, I
attach the following information:

. Copy minutes of meetings of the Purchasers Information Advisory
Group and the Home Report Implementation Group which formed the rationale
for introducing the Home Report on 1 December 2008.

. Extracts of factual information from relevant papers prepared for
consideration at Ministerial level.

. Copies of correspondence dated between 15 January 2008 and 2
December 2008 received by Scottish Ministers either requesting a delay to
the introduction of Home Reports or urging the Scottish Government to
proceed with implementation on 1 December 2008 (the identity of the
correspondents has been redacted under section 38(1) and (2) of the Act).

. Press releases and articles and copy briefings from external
bodies, containing the views of third parties on whether or not the
Scottish Government should proceed with 1 December 2008.

The information supplied to you continues to be protected by the
Copyright, Designs and Patents Act 1988. You are free to use it for your
own purposes, including any non-commercial research you are doing and for
the purposes of news reporting. Any other re-use, for example commercial
publication, would require the permission of the copyright holder. Most
documents supplied by the Scottish Executive will have been produced by
government officials and will be Crown Copyright. You can find details on
the arrangements for re-using Crown Copyright material on the OPSI
website: [1]http://www.opsi.gov.uk/click-use/index.htm

Information you receive which is not subject to Crown Copyright continues
to be protected by the copyright of the person, or organisation, from
which the information originated. You must ensure that you gain their
permission before reproducing any third party (non Crown Copyright)
information.

If you are unhappy with this response to your request, you may ask us to
carry out an internal review, by writing to Mike Foulis, Scottish
Government, Area 1G-South, Victoria Quay, Edinburgh, EH6 6QQ. Your
request should explain why you wish a review to be carried out, and should
be made within 40 working days of receipt of this letter, and we will
reply within 20 working days of receipt. If you are not satisfied with
the result of the review, you then have the right to make a formal
complaint to the Scottish Information Commissioner.

Yours sincerely

Joni Smith

Joni Smith

Communications Officer

Communications Health and Wellbeing

The Scottish Government

Direct Line: 0131 244 2701

Email: [2][email address]

<<Ministerial Correspondence Cases - FOI Request - Al Vassey 5
January.zip>> <<PIAG & HRIG MINUTES.zip>> <<Press Releases.zip>>
<<Summaries of Factual Information Ministerial Papers FOI Al Vassey 5
January.doc>>

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References

Visible links
1. http://www.opsi.gov.uk/click-use/index.htm
2. mailto:[email address]

I am currently out of the office.

If your enquiry is urgent please contact either Donna Rafferty or Iain
Monk on 0131 244 2598.

Thanks
Joni

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Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.