Publication - FOI/EIR release

Potential train station Auchenback Barrhead South Glasgow: EIR release

Published: 3 May 2018
Topic: Public sector, Transport

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

FOI reference: FOI/18/00506
Date received: 14 February 2018
Date responded: 29 March 2018

Information requested

You asked for all material held regarding any discussions around the potential building of a new train station at the Auchenback/Barrhead South site and any new train stations in Barrhead (this should include internal communications, external communications, briefing/proposal documents, minutes of meetings and any other relevant documents) from January 2016 – present.

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.

Response

We do endeavour to provide information whenever possible. The Annex below lists the information held by Transport Scotland for the period you specify, and additional documents are attached.

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(s) under regulation(s) 10(4)(d) (internal communications), and 10(4)(e) (Unfinished or Incomplete Information) of the EIRs applies to that information. The reasons why that exception(s) applies are explained below.

An exception under regulation 10(4)(e) of the EIRs (Internal Communications) applies to some of the information you have requested because it relates to internal exchanges and release could compromise our collective ability to reach an agreed policy position.

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 recognise that there is some public interest in release as part of open, transparent and accountable government. However, this is outweighed by the strong public interest in maintaining the right to confidentiality of communications between officials whilst we are still developing an agreed policy position.

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 material which is still in the course of completion.

This exception applies because to release the information at this stage would not demonstrate a conclusive policy outcome. 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 strong public interest in maintaining the right to reach a conclusive policy outcome before official documents are released.

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at http://www.gov.scot/foi-responses