Potential train station - Allander : EIR release
- Published
- 8 January 2019
Information request and response under the Environmental Information (Scotland) Regulations 2004.
FOI reference: FOI/18/03222
Date received: 30 October 2018
Date responded: 28 December 2018
Information requested
1. All material held regarding any discussions around the potential building of a new train station with the name Allander (this should include internal communications, external communications, briefing/proposal documents, minutes of meetings and any other relevant documents) from January 2014 – present.
2. All material held regarding any discussions around any new train stations in Allander, East Dunbartonshire (this should include internal communications, external communications, briefing/proposal documents, minutes of meetings and other relevant documents) from January 2014 – 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
I enclose copies of some of the information you requested.
The Scottish Government website which holds details of FOI responses and can be accessed via the following link. /publications/?publicationTypes=foi-eir-release&page=1 The relevant references are, FOI/18/03212 and FOI/18/03214.
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.
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 exceptions under regulations 10(4)(d) (Unfinished or Incomplete information) and 10(4)(e) (internal communications) of the EIRs applies to that information. The reasons why these exceptions apply are explained below.
Reasons for not providing information
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 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 confidentiality of communications between officials whilst we are still developing an agreed policy position.
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 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 confidentiality of communications between officials whilst we are still developing an agreed policy position.
About FOI
The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at FOI Responses
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Contact
Please quote the FOI reference
Central Enquiry Unit
Email: CEU
Phone: 0300 244 4000
The Scottish Government
St Andrew's House
Regent Road
Edinburgh
EH1 3DG
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