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.
1. I enclose a copy of the draft Congestion Analysis Technical Note in relation to congestion on M8 around Glasgow.
2. Transport Scotland’s Managed Motorways study is being undertaken in line with Scottish Transport Appraisal Guidance and is considering a wide range of potential transport options, including options for Intelligent Transport Systems and bus hard shoulder running. We are currently considering how managed motorway solutions can help to improve performance of the M8 around Glasgow and maximise best use of the existing transport infrastructure as part of the M8 Managed Motorways Phase 1 Outline Buiness Case.
An exception under regulation 10(4)(e) of the EIRs (internal communications) applies to all of the information you have requested in relation to the M8 Managed Motorway Phase 1 Outline Business Case because it is internal communication between Transport Scotland officials.
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, there is a greater public interest in high quality policy and decision-making, and in the properly considered implementation and development of 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 the discussions on the M8 Managed Motorways Phase 1 Outline Business Case will be disclosed in the near future, when it may undermine or constrain the Government’s view on that Outline Business Case while it is still under discussion and development.
An exception under regulation 10(4)(d) of the EIRs (unfinished or incomplete information) applies to all of the information you have requested because it is material which is still in the course of completion. This relates to the M74 Completion Scheme: Five Year After Evaluation.
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 this will be met by our planned publication early in 2019. However, this is outweighed by the public interest in ensuring that incomplete 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. On publication, the M74 Completion Scheme: Five Year After Evaluation Report will be available to view on Transport Scotland’s website at:
https://www.transport.gov.scot/transport-network/roads/project-evaluation/
4. The National Transport Strategy provides the framework for enhancing our transport system, in response to the main transport challenges that Scotland faces, which in turn contributes to improvement in our economic, environmental and social performance. The current National Transport Strategy sets out three Key Strategic Outcomes to be used as the guiding principles at national, regional and local level when developing strategy and prioritising resources.
These are:
- Improved journey times and connections, to tackle congestion and lack of integration and connections in transport.
- Reduced emissions, to tackle climate change, air quality, health improvement.
- Improved quality, accessibility and affordability, to give choice of public transport, better quality services and value for money or alternative to car.
Transport Scotland is currently taking forward a comprehensive review of the National Transport Strategy (NTS) and the Strategic Transport Projects Review (STPR). The review of the NTS will set out the compelling vision for transport for the next 20 years and will inform policy across transport and an update to the STPR. Work is now underway for STPR2 which will allow the Scottish Government to consider which transport interventions are required to deliver the outcomes and vision that emerge from the NTS.
An exception under regulation 10(4)(d) of the EIRs (unfinished or incomplete information) applies to both the review of the NTS and STPR as the information you have requested because it is still in the course of completion. Transport Scotland have a commitment to publish within the term of the current Parliament.
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 or incomplete 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.