Publication - FOI/EIR release

Correspondence concerning planned A77 Improvement scheme Drummuckloch/Innermessan: EIR release

Published: 8 Jun 2018

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

Published:
8 Jun 2018
Correspondence concerning planned A77 Improvement scheme Drummuckloch/Innermessan: EIR release

FOI reference: FOI/18/00700
Date received: 28 February 2018
Date responded: 1 June 2018

Information requested

Information on the review in 2012/13 which established that the Drummuckloch to Innermessan, Ardwell to Stockenray (sic), and Burnside Improvement schemes offered poor value for money and so would not be taken forward.

Response

The information requested falls within the definition of 'environmental information' in regulation 2(1) of the Environmental Information (Scotland) Regulations 2004 (the EIRs), and so we are required to deal with it under those Regulations.

An exemption under section 39(2) of FOISA applies to this information which, in effect, means we do not have to consider a request under FOISA if we are dealing with it under the EIRs. As the exemption is conditional we have applied the 'public interest test'.

This means we have, in all the circumstances of this case, considered if the public interest in disclosing the information outweighs the exemption. It seems to us there is no public interest in dealing with this request under FOISA as well as the EIRs but there is a public interest in not duplicating work unnecessarily.

Therefore, we have concluded that the public interest favours maintaining the exemption. This is largely a technical point – the fact that we are dealing with your request under the EIRs rather than FOISA has no practical impact on our decision in relation to your request.

Please see attached a copy of the review in question.

About FOI

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Contact

Please quote the FOI reference

Central Enquiry Unit
Email: ceu@gov.scot
Phone: 0300 244 4000

The Scottish Government
St Andrew's House
Regent Road
Edinburgh
EH1 3DG