Publication - FOI/EIR release

A82 Bridge of Orchy to Inverness improvements and associated costs: EIR release

Published: 7 May 2020

Information request and response under the Environmental Information (Scotland) Regulations 2004

Published:
7 May 2020
A82 Bridge of Orchy to Inverness improvements and associated costs: EIR release
FOI reference: FOI/202000031352
Date received: 23 Apr 2020
Date responded: 4 May 2020
Information requested

Please outline details of improvements (and associated cost) carried out along the A82 from Bridge of Orchy to Inverness, since 2016.
Please provide a comprehensive breakdown by location detailing projects and associated costs at stretches between
Bridge of Orchy – Glencoe
Glencoe – Torlundy
Torlundy – Fort Augustus
Fort Augustus – Inverness
Please also provide details of all works scheduled to be carried out in the future between each stretch.

Response

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.

I have kept the locations separate for ease of reference
Bridge of Orchy – Glencoe -
Please see Annex A to this response which is a record of the works carried out between Bridge of Orchy and Glencoe, including total costs for this stretch of the A82.

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 specific scheme costs would, or would be likely to, prejudice substantially the confidentiality of commercial information provided by our Operating Company and thus cause substantial harm to their commercial interests. Disclosing this information would be likely to give their competitors an advantage in future similar tendering exercises, which would substantially prejudice their ability to submit competitive tenders and so could significantly harm their commercial businesses.

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 tender for, or enter into Scottish Government contracts, to ensure that we are always able to obtain the best value for public money.

Glencoe – Torlundy -
Please see Annex B to this response which is a record of works carried out between Glencoe and Torlundy including total costs for this stretch of the A82.

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 specific scheme costs would, or would be likely to, prejudice substantially the confidentiality of commercial information provided by our Operating Company and thus cause substantial harm to their commercial interests. Disclosing this information would be likely to give their competitors an advantage in future similar tendering exercises, which would substantially prejudice their ability to submit competitive tenders and so could significantly harm their commercial businesses.

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 tender for, or enter into Scottish Government contracts, to ensure that we are always able to obtain the best value for public money.

Torlundy – Fort Augustus -
Please see Annex C to this response which is a record of works carried out between Torlundy and Fort Augustus including total costs for this stretch of the A82.

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 specific scheme costs would, or would be likely to, prejudice substantially the confidentiality of commercial information provided by our Operating Company and thus cause substantial harm to their commercial interests. Disclosing this information would be likely to give their competitors an advantage in future similar tendering exercises, which would substantially prejudice their ability to submit competitive tenders and so could significantly harm their commercial businesses.

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 tender for, or enter into Scottish Government contracts, to ensure that we are always able to obtain the best value for public money.

Fort Augustus - Inverness -
Please see Annex D to this response which is a record of works carried out between Fort Augustus and Inverness including total costs for this stretch of the A82.

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 specific scheme costs would, or would be likely to, prejudice substantially the confidentiality of commercial information provided by our Operating Company and thus cause substantial harm to their commercial interests. Disclosing this information would be likely to give their competitors an advantage in future similar tendering exercises, which would substantially prejudice their ability to submit competitive tenders and so could significantly harm their commercial businesses.

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 tender for, or enter into Scottish Government contracts, to ensure that we are always able to obtain the best value for public money.

Future works -
Please see Annex E to this response which is a summary of works currently scheduled for the A82
from Bridge of Orchy to Inverness for financial year 2020/2021. Unfortunately, with the current ongoing working restrictions, which have arisen due to the Covid 19 / coronavirus, some of this work cannot be undertaken at this time and we are unable to commit to the precise schedule in this table at the present time.

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 specific scheme costs would, or would be likely to, prejudice substantially the confidentiality of commercial information provided by our Operating Company and thus cause substantial harm to their commercial interests. Disclosing this information would be likely to give their competitors an advantage in future similar tendering exercises, which would substantially prejudice their ability to submit competitive tenders and so could significantly harm their commercial businesses.
 
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 tender for, or enter into Scottish Government contracts, to ensure that we are always able to obtain the best value for public money.

About FOI

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.

FOI-202000031352 Annex A

3 page PDF
68.8 kB

FOI-202000031352 Annex B

7 page PDF
333.4 kB

FOI-202000031352 Annex C

6 page PDF
102.6 kB

FOI-202000031352 Annex D

9 page PDF
120.1 kB

FOI-202000031352 Annex E

8 page PDF
391.8 kB

Contact

Please quote the FOI reference
Central Enquiry Unit
Email: ceu@gov.scot
Phone: 0300 244 4000

The Scottish Government
St Andrews House
Regent Road
Edinburgh
EH1 3DG