Publication - FOI/EIR release

A9 Dualling Programme and A75 Upgrade: EIR release

Published: 23 April 2024
Part of: Public sector, Transport
FOI reference: FOI/202300390751
Date received: 21 December 2023
Date responded: 9 February 2024

Information request and response under the Environmental Information (Scotland) Regulations 2004

Information requested

All correspondence sent and received, including internal, as well as briefings prepared forministers and notes, regarding the new dualling timetable for the A9, between October 1 2023and the date of this FOI.
How much has the A9 project cost so far?
All analysis undertaken by or for Transport Scotland on the new dualling timetable for theA9.
All correspondence between Transport Scotland and the UK Government about upgradingtheA75 between September 1 2023 and the date of this FOI.

We contacted you on 9 January to ask that you consider narrowing the scope of questions 1 and 3 in your request in order to make it manageable. You provided clarification for question 3 confirming you were looking for “all analysis done on whether to go ahead or scrap the dualling, i.e. risk registers and options appraisal, between July 1 2023 and the date of this FOI.” We contacted you again on 12 January confirming that we considered that question 1 of your request remained manifestly unreasonable. You confirmed that question 1 can be narrowed down to “correspondence between Transport Scotland and Scottish Ministers regarding the new dualling timetable for the A9 between 1 October 2023 and the date of your request.”

Response

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 Freedom of Information (Scotland) Act 2002 (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.

I have responded to your request as follows;

1. Correspondence between Transport Scotland and Scottish Ministers regarding the new dualling timetable for the A9 between 1 October 2023 and the date of your request.

Annex A includes copies of correspondence between Transport Scotland officials and Scottish Government and Annex B includes notes of meetings and copies of briefing material provided to Scottish Government regarding the new dualling timetable for the A9 between 1 October 2023 and the date of your request, 21 December 2023.

Regulation 11(2) of the EIRs (personal information)

An exception under regulation 11(2) of the EIRs (personal information) applies to some of the information requested because it is personal data of a third party and disclosing it would contravene the data protection principles in Article 5(1) of the General Data Protection Regulation and in section 34(1) of the Data Protection Act 2018. This exception is not subject to the ‘public interest test’, so we are not required to consider if the public interest in disclosing the information outweighs the public interest in applying the exception.

Regulation 10(4)(e) of the EIRs (internal communications)

An exception under regulation 10(4)(e) of the EIRs (internal communications) applies to some of the information requested because it is internal communication between Transport Scotland / Scottish Government officials and Scottish Ministers. The reasons why that exception applies are explained below.

This exception is subject to the ‘public interest test’. This means we have taken account of all the circumstances of the case and considered whether, on balance, disclosing the information is outweighed by the public good to be had by applying the exception. We have found that, on balance, the public interest lies in favour of applying the exception and I have outlined the (specific) reasons for this below.

We do recognise that there is some public interest in releasing this information as part of open, transparent and accountable government, and to inform public debate. However, this is outweighed by the ability forScottish Government, its Ministers and officials to be able to discuss, debate and deliver high quality policy including the decision-making processes in a private thinking space and ensuring it can be conducted in an environment which does not hamper this process. In order to do so they must be able to properly discuss, debate and exchange views on how implementing policy will be undertaken and part of this is the development of briefing material, the deliberations that have taken place and the decisions made. Ministers and officials need to be able to consider all available options and to debate those rigorously, to fully understand their possible implications.

2. How much has the A9 project cost so far?

Under regulation 6(1)(b) of the EIRs, we do not have to give you information which is already publicly available and easily accessible to you in another form or format.

The information requested has been released under the Environmental Information (Scotland) Regulations 2004 (EIRs). Case number 202300377820 confirms the latest total cost and can be accessed on the Scottish Government website at; https://www.gov.scot/publications/foi-202300377820/

3. All analysis done on whether to go ahead or scrap the dualling, i.e. risk registers and options appraisal, between July 1 2023 and the date of this FOI.

Please see Annex C which contains the Outline Business Case for the A9 Dualling Programme. Please note that some of the information has been redacted under regulation 11(2) of the EIRs (personal information). Further information on this exception is provided above.

4. All correspondence between Transport Scotland and the UK Government about upgrading the A75 between September 1 2023 and the date of this FOI.

Please refer to attached Annex D with information requested. Please note that some of the information has been redacted under regulation 11(2) of the EIRs (personal information). Further information on this exception is provided above.

Regulation 10(4)(e) of the EIRs (internal communications)

An exception under regulation 10(4)(e) of the EIRs (internal communications) applies to some of the information requested because it relates to the development of the Scottish Government’s policy on development of a business case for road improvements for the A75. The reasons why that exception applies are explained below.

We do recognise that there is some public interest in releasing this information as part of open, transparent and accountable government, and to inform public debate. However, this is outweighed by the ability for Scottish Government, its Ministers and officials to be able to discuss, debate and deliver high quality policy including the decision-making processes in a private thinking space and ensuring it can be conducted in an environment which does not hamper this process. In order to do so they must be able to properly discuss, debate and exchange views on how implementing policy will be undertaken and part of this is the development of briefing material, the deliberations that have taken place and the decisions made until policy is finalised. Ministers and officials need to be able to consider all available options and to debate those rigorously, to fully understand their possible implications and therefore it would not be appropriate to release information ahead of that process concluding.

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