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· FOI/EIR · partially withheld

Communications with Glasgow Council on fire safety: EIR release

Published
2017-10-26
Received
Responded
Directorate
Topic
Public sector
Exemptions
20, 39(2), 10(5), 38(1)

Information requested

You asked for all internal and external correspondence and communications held between the Scottish Government and Glasgow City Council which refers to (a) the Ministerial Working Group on building and fire safety, (b) aluminium composite material (ACM), (c) combustible cladding of the same type as used on Grenfell, (d) the Chief Building Standards Officer, (e) building warrant checks on privately owned high-rise domestic buildings, and (f) Glasgow City Council.

As the information you have requested is 'environmental information' for the purposes of the Environmental Information (Scotland) Regulations 2004 (EIRs), we are required to deal with your request under those Regulations. We are applying the exemption at section 39(2) of the FOISA, so that we do not also have to deal with your request under FOISA.

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.

Response

Please find attached some of the information you required (Annex A and Annex B).

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 exception under regulation 10(5)(f) – substantial prejudice to interests of person who provided the information and section 38(1)(b) of FOISA (personal information). The reasons why these exceptions apply are explained below.

Detected exemption language

We are applying the exemption at section 39(2) of the FOISA, so that we do not also have to deal with your request under FOISA. 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. 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 exception under regulation 10(5)(f) – substantial prejudice to interests of person who provided the information and section 38(1)(b) of FOISA (personal information).

Attachments

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