- 16 Apr 2019
Date received: 22 Mar 2019
Date responded: 15 Apr 2019
Please supply under the Freedom of Information (FOI) Act, the dates and locations of all road traffic accidents reported on the A78 between Bankfoot Roundabout and Wemyss Bay since January 2012.
Please also share details of any safety work planned to improve the A78/Inverkip Main Street (East) junction.
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.
In response to your request, please refer to Annex A which details personal injury road traffic accidents reported on the A78 between Bankfoot Roundabout and Wemyss Bay since January 2012 to 29 January 2019.
You also asked about planned safety work at the junction. While our aim is to provide information whenever possible, in this instance we do not have the information you have requested. Therefore we are refusing your request under the exception at regulation 10(4)(a) of the EIRs. The reason why that exception applies is that we are not responsible for the delivery of this and have been working to support Inverclyde Council who are responsible for the delivery. You may wish to contact the council at email@example.com who may be able to help you.
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