The warning follows the news that two housing associations in Northern Ireland have been deemed by the Information Commissioner to be public authorities for the purposes of the Environmental Information Regulations 2004 (the EIR).
They must now comply with requests for environmental information made under the EIR.
The Commissioner ruled that the Housing Associations did carry out public administration functions and have specific public responsibilities which relate to the environment.
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Currently, Scottish Housing Associations are not public authorities for the purposes of the FOI Act 2002. However, as the Commissioner ruled that social housing policies and plans for the development of housing are likely to affect the environment, the same test will probably apply to Scotland. Scotland is covered by the Environmental Information (Scotland) Regulations 2004, which are substantially similar to the EIR.
Consequently, Scottish Housing Associations are advised to take steps to ensure that they have the necessary structures and procedures in place to comply with the EISR.
David Gourlay, FOI Partner with McClure Naismith, explained: "Housing Associations need to ensure they train staff to identify, manage and respond to EISR requests. Existing contracts should be reviewed and amended where appropriate to make provision for the EISR. Procurement documentation and new contracts should also be EISR compliant."
Derek Hogg, Head of the Social Housing team at McClure Naismith added: "This is an important ruling that looks likely to impact on Scotland’s Housing Associations. It is important that Housing Associations start planning to ensure they are compliant sooner rather than later. It is an added burden on the sector, but compliance is inherently less expensive than non-compliance."
(GK)
