FOI 41-25: Information in regards to housing governance and oversight of housing associations

Information Standards Freedom of Information Response

30 September 2025

Our ref: FoI 41-25

Freedom of Information Act 2000

The Northern Ireland Assembly Commission (Assembly Commission) has processed your request dated 20 June 2025 in line with the Freedom of Information Act 2000 (FOIA). 

In your request, you asked the following -

 ‘Please provide all information held by the Northern Ireland Assembly and/or the Public Accounts Committee (PAC) relating to the correspondence I submitted to the [PAC] dated 12 and 15 June 2025, concerning:

  • Housing governance and oversight of housing associations (including Triangle Housing Association);
  • Unlawful or shadow rate charges;
  • Systemic failures involving NIPSO, NIAO, and DfC.

Specifically -

1)    All internal correspondence (emails, notes, briefings) between PAC clerks, Assembly staff, and the Chairperson regarding this matter;

2)    Any records indicating whether the matter was formally presented to, or considered by, Committee members — or handled purely administratively;

3)    Any internal communications referencing Triangle Housing Association directly or indirectly in relation to this complaint;

4)    Drafts, versions, or discussions related to the response issued by the Chairperson dated 20 June 2025;

5)    Communications from or to external bodies (e.g., DfC, NIAO, NIPSO, or Triangle Housing) regarding this.’

 

Our response

The responses follow the numbering above.

Question (1)

Internal correspondence has been provided at Appendix 1. Some of this information is exempt from disclosure under section 36 of the FOIA, which is discussed at (i) below. Some of the information is exempt from disclosure under section 40 of the FOIA because it is personal data within the meaning of the United Kingdom General Data Protection Regulation (UK GDPR). This is discussed at (ii) below.

(i) Information exempt from disclosure under section 36 of the FOIA

Some redactions to correspondence have been made and one item of internal correspondence has been withheld because this information is exempt from disclosure under section 36(2)(b)(i) of the FOIA. This provides that ‘information to which this section applies is exempt information if, in the reasonable opinion of a qualified person, disclosure of the information under this Act… would, or would be likely to, inhibit the free and frank provision of advice’.

Opinion of the qualified person

The Speaker of the Northern Ireland Assembly is the qualified person in relation to information held by the Assembly Commission. He is of the reasonable opinion that disclosure of the withheld correspondence would inhibit the free and frank provision of advice and would prejudice the effective conduct of public affairs.

Public Interest Test

Section 36 of the FOIA is a qualified exemption. This means that the Assembly Commission must consider whether, in all the circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the correspondence.

The factors identified in favour of maintaining the exemption are—

  • Disclosure could discourage Assembly Commission staff and Members from expressing themselves openly, honestly and completely when providing formal advice.
  • Impairment to the exchange of advice could decrease the quality of decision making by the Assembly Commission staff, Members and committees.
  • Disclosure could inhibit the ability of all parties to provide free and frank opinions as part of any future decision-making.
  • Disclosure could inhibit the effective management of resources due to the disruptive effect of disclosure.
  • The outcome of committee decisions informed by information such as that contained in the correspondence is part of the public record and published on the Assembly Commission website.

The factors identified in favour of disclosing the information are:

  • Assembly Commission staff would still provide advice/give their view regardless of whether there is a risk of publication as this is within their remit.
  • Public sector transparency promotes and supports accountability within democratic societies.

Conclusion

Having considered the public interest in disclosure of the correspondence and the public interest in maintaining the exemption under section 36(2)(b)(i), the Assembly Commission is satisfied that, in all of the circumstances of this case, the public interest in in maintaining the section 36(2)(b)(i) exemption outweighs the public interest in disclosure.

 

(ii) Information exempt from disclosure under section 40 of the FOIA

Information has been redacted from Appendix 1 where that information is personal data within the meaning of the UK GDPR. This information is exempt from disclosure under section 40 of the FOIA.

Information exempt under section 40(2)

Section 40(2) provides that information is exempt information if it constitutes personal data of which the applicant is not the data subject and satisfies one of three conditions.

The Assembly Commission is satisfied that one such condition is satisfied. It is not therefore necessary to consider the other potentially applicable conditions. 

The relevant condition is set out at section 40(3A)(a) of the FOIA, and is that "disclosure of the information to a member of the public otherwise than under this Act…would contravene any of the data protection principles…”

The data protection principles are set out at Article 5 of the UK GDPR. The first principle is that processing of personal data must be fair, lawful and transparent.  Processing is ‘lawful’ under the first principle if it satisfies one or more of the conditions at Article 6 of the UK GDPR. 

The Assembly Commission does not consider that any condition at Article 6 would allow the lawful disclosure of the personal data in Appendix 1. This personal data largely comprises the names and contact details of relatively junior employees of the Assembly Commission. 

You will note that your own personal data has also been removed from Appendix 1. This is because Appendix 1 will be published as part of the Assembly Commission’s response to your request. 

 

Question 2

Please view the Public Accounts Committee (PAC) minutes of proceedings dated 19 June 2025, whereby your correspondence has been addressed at agenda item 6 and considered in detail during closed session. 

 

Question 3

Internal correspondence has been provided at Appendix 1 as previously outlined.

 

Questions 4 & 5 

The Assembly Commission does not hold this information.

 

Further Information

You have the right to request an internal review of this decision by the Assembly Commission.  If you wish to request such a review, please write to me at the above address.  If, after that review, you are dissatisfied with the way in which the Assembly Commission has handled your request for information, you may complain to the Information Commissioner’s Office (ICO) at Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF.

 

Your request for information and our response may be published in the disclosure log maintained by the Assembly Commission under a publication scheme agreed with the ICO. The request and our response will be anonymised. 

 

Yours faithfully

INFORMATION STANDARDS