- 2 Mar 2020
Date received: 13 Feb 2020
Date responded: 27 Feb 2020
You asked for "I would request that under FOI you furnish me with all information/complaints relating to the A82 at Bowling Roundabout which reported damage to the road surface from 1st January 2020 up to the date of the incident"
A further clarification confirmed that you would like:
"1. All reports from members of the public of potholes/damaged road surface on the A82 Southbound within 75yds of the Bowling Roundabout from 01/01/20 > 26/01/20.
2. All reports submitted by employees of Transerv Scotland, who apparently check the road surface on a weekly basis, of potholes/damaged road surface on A82 Southbound within 75yds of the Bowling Roundabout from 01/01/20 > 26/01/20.
3. All reports where works identified from above reports have been scheduled."
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.
To aid our response I have retained the numbering from your request:
1. While our aim is to provide information whenever possible, in this instance the Scottish Government does not have the information you have requested. Therefore we are refusing your request under the exception at regulation 10(4)(a) of the EIRs. This is because we have no record of complaints from members of the public regarding potholes/damaged road surface during this period.
2. Please see Annex A to this response for copies of weekly inspection records.
3. Please see Annex A to this response which includes details of when the defects identified in the weekly inspections were completed.
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