- 25 Mar 2019
Date received: 26 Feb 2019
Date responded: 22 Mar 2019
I am looking for the risk assessments, traffic management plan and daily toolbox talk for the 6th of February.
I will respond to each of your requests separately.
In regards to the request for information on risk assessments, an exception under regulation 10(5)(e) of the EIRs (substantial prejudice to confidentiality of commercial information) applies to some of the information you have requested. This exception applies because disclosure of the risk assessments from the project contractor, Farrans Roadbridge Joint Venture (FRJV) would be likely to, prejudice substantially the confidentiality of commercial information provided by the project contractor, and thus cause substantial harm to its commercial interests. This is because the risk assessments contain information relating to the detailed construction methodology of a live construction project. Release of this information is likely to prejudice substantially the commercial interests of Scottish Ministers in light of the commercial deal in place with FRJV for the delivery of this work.
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 and transparent government, and to help account for the expenditure of public money. However, there is a greater public interest in protecting the commercial interests of companies which enter into Scottish Government contracts, to ensure that we are always able to obtain the best value for public money.
The information on the risk assessments that does not fall under the above exception is attached in Annex A. Personal information contained within this report has also been redacted which is explained below.
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.
Traffic Management Plan
The information regarding the Traffic Management plan for 6 February 2019 is available within Annex B.
To answer the final part of your request in relation to the toolbox talk, in this instance Transport Scotland does not have the information you have requested. The daily toolbox talk is information not held by or on behalf of Transport Scotland. Under the terms of the exception at regulation 10(4)(a) of the EIRs (information not held), Transport Scotland is not required to provide information which it does not have.
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. While we recognise there may be some public interest in disclosing a daily toolbox talk you have requested for 6 February 2019 clearly we cannot provide information which we do not have.
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.
Please quote the FOI reference
Central Enquiry Unit
Phone: 0300 244 4000
The Scottish Government
St Andrews House