The Information Commissioner’s Office (ICO) has ruled that two housing associations in Northern Ireland are public authorities for the purpose of requests under the Environmental Information Regulations (EIR). Assistant Information Commissioner, Steve Wood is ordering both housing associations to release information on property development or issue a formal notice stating why the information should not be disclosed.
In response to a request under the EIR, the Belfast Improved Housing Association (BIH) and Wesley Housing Association Ltd (Wesley) both stated they were not public authorities for the purposes of the regulations and refused to disclose documents held and produced by them in relation to the development of sites at Crumlin Road Methodist Church and 237-247 Tennent Street, Belfast. In order to resolve the complaint, it was necessary to establish whether the information requested relates to the environment and whether the housing associations are public authorities under the EIR.
In his decision, Assistant Information Commissioner, Steve Wood, found both housing associations are registered by the Department of Social Development for Northern Ireland (DSD) in a public register. BIH and Wesley maintained that despite extensive regulation by DSD, registered housing associations remain independent voluntary organisations, retaining independent status and management.
In order to reach his decision, the Assistant Information Commissioner considered whether both housing associations carry out functions of public administration as defined by the EIR. He found that BIH and Wesley manage a range of housing accommodation and do so in line with the Common Selection Scheme approved by the DSD. In his view, these are functions of public administration and therefore both housing associations are public authorities for the purposes of EIR. He noted that, whilst registered housing associations remain independent voluntary organisations, the DSD has considerable power to intervene in a situation of alleged misconduct or mismanagement. In addition, the housing associations must annually account to DSD for their use of public funds. In addition, he found that BIH and Wesley also fall under the EIR as they are under the control of a government department and have responsibilities relating to the environment
Assistant Information Commissioner, Steve Wood, also concluded that the requested material is environmental information as it relates to policies and plans that are likely to affect the surrounding environment. Therefore both housing associations must disclose the information under the EIR or issue a notice refusing the request.
Both decision notices can be viewed at
http://www.ico.gov.uk/upload/documents/decisionnotices/2008/fer_0152607.pdf
http://www.ico.gov.uk/upload/documents/decisionnotices/2008/fer_149772.pdf