A9 Accidents, safety and dualling: EIR release
Information request and response under the Environmental Information (Scotland) Regulations 2004.
Information requested
- Any and all communications between Scottish Government ministers and officials regarding the dualling of the road in the past year.
- Any documents relating to fatal accidents on the road in the past year.
- The minutes of any meetings relating to the safety of the road in the past year.
- The minutes of any meetings relating to the dualling of the road in the past year.
- Any information from all reports, correspondence or communications relating to safety and or dangerous zones on the road in the past year.
Response
1. 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. We have applied this regulation to extracts of briefings and correspondence to the Cabinet Secretary for Net Zero, Energy and Transport and/or the Minister for Transport from officials between 26 January 2022 to 15 June 2022.
This information has been released under Environmental Information (Scotland) Regulations 2004. Reference 202200305664 and can be accessed via the Scottish Government’s website online here.
Briefings and correspondence to the Cabinet Secretary for Net Zero, Energy and Transport and/or the Minister for Transport from officials between 15 June and 1 December 2022. This information has been released under Environmental Information (Scotland) Regulations 2004. Reference 202200334072 and can be accessed via the Scottish Government’s website.
We have also applied this regulation to the Parliamentary Question in Annex A, this information can be accessed via the Scottish Government’s website.
Remaining Briefings and correspondence to the Cabinet Secretary for Net Zero, Energy and Transport and/or the Minister for Transport from officials between 1 December 2022 and 26 January 2023 can be seen in Annex A.
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. This exception has been applied to Annexes A and B contained within this response.
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(4)(e) of the EIRs (internal communications) applies to some of the information because it is internal communication between Transport Scotland/Scottish Government officials and Scottish Ministers. This exception has been applied to Annex A contained within this response. The reasons why that exception applies are explained below.
This exception 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 exception. We have found that, on balance, the public interest lies in favour of upholding the exception. We recognise that there is some public interest in release as part of open, transparent and accountable government, and to inform public debate. However, this is outweighed by the public interest in maintaining high quality policy and decision-making, and in the properly considered implementation and development of briefing material, policies and decisions. This means that Ministers and officials need to be able to consider all available options and to debate those rigorously, to fully understand their possible implications. Their candour in doing so will be affected by their assessment of whether disclosing the drafting of documents and advice rather than representing the settled view or position of the Minister may undermine or constrain the Government’s view on that policy while it is still under development. The information requested is internal communication regarding development of briefing material and government policy and if released would otherwise impact on effective conduct of public affairs.
2. An exception under regulation 10(5)(a) of the EIRs (prejudice to public safety) applies to the information you have requested. This exception applies because disclosure of this information disclosure would, or would likely endanger the physical or mental health or safety of an individual.
This exception 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 exception. We have found that, on balance, the public interest lies in favour of upholding the exception.
3. An exception under regulation 10(5)(a) of the EIRs (prejudice to public safety) applies to some of the information you have requested. This exception applies because disclosure of this information would, or would likely endanger the physical or mental health or safety of an individual.
This exception 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 exception. We have found that, on balance, the public interest lies in favour of upholding the exception.
An exception under regulation 10(5)(b) of the EIRs (substantial prejudice to course of justice) also applies to some of the information you have requested because it is in relation to details of road accidents which relate to ongoing Police investigations and potential prosecutions.
This exception 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 exception. We have found that, on balance, the public interest lies in favour of upholding the exception. We recognise that there is a public interest in disclosing information as part of open, transparent and accountable government, and to inform public debate. However, this is outweighed by the strong public interest in maintaining the right to confidentiality of ongoing Police investigations. Transport Scotland retains this information for general operational purposes only.
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.
Please see Annexes G, H and I to this response, minutes of meetings relating to A9 road safety.
4. 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.
Please see Annex B, minutes of meetings relating to the dualling of the A9.
5. 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. We have applied this regulation to Parliamentary Questions answered relating to A9 Safety and can be accessed at Questions and answers | Scottish Parliament Website and Questions and answers | Scottish Parliament Website.
Reports relating to the A9 North Kessock to Tore can be viewed on the Transport Scotland website.
An exception under regulation 10(4)(d) of the EIRs (unfinished or incomplete information) applies to some of the information you have requested because it is an unfinished document. These are reports which are still in the draft stage.
This exception 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 exception. We have found that, on balance, the public interest lies in favour of upholding the exception. We recognise that there is some public interest in release as part of open, transparent and accountable government. However, this is outweighed by the public interest in ensuring that unfinished information which is still in being worked on or is under active consideration is not disclosed when it might misinform the public or give a misleading impression of the Government’s view or position on the matter to which the information relates.
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.
Please see Annexes C, D, E and F to this response - correspondence relating to A9 road safety from 26 January - 26 January 2023.
Please also see Annex J to this response, email correspondence about A9 road safety and Annexes K - O being reports relating to A9 road Safety.
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Contact
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Email: ceu@gov.scot
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The Scottish Government
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