Publication - FOI/EIR release

Accident statistics for junction of Southern Upland Way and A1: EIR release

Published: 24 Feb 2021

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

Published:
24 Feb 2021
Accident statistics for junction of Southern Upland Way and A1: EIR release
FOI reference: FOI/202100134734
Date received: 10 Jan 2021
Date responded: 20 Jan 2021
Information requested

Information in relation to the A1, North of Grantshouse:

"I would like to know how many accidents have occurred at and around this Junction in the past 10 years. I would also like to know the cause of these accidents. Finally I would like to know the status of the drainage on this section of the highway and also what maintenance and flood preventative works have been implemented too."

"With regards to the status of the drainage I wish to know have the drains been cleared on a regular basis and if they have been cleared, have they been blocked or not fulfilling their requirement?"

"With regards to the maintenance and flood preventative works, I would like information covering the last 10 years. I'd also like to add another question too which is there any surface water issues that have been made apparent on this section of the highway in the past 10 years?"

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.

Based on the plan provided by you we have assumed the location to be the Blackburn junction that is at the south end of the Penmanshiel Dual. The extents have been assumed at 200m either side of the junction.

Accident History

Please see Annex A to this response for details of the personal injury accident history between 1 January 2010 and 30 October 2020. Transport Scotland does not hold information relating to damage only accidents (i.e. not involving an injury).

While our aim is to provide information whenever possible, in this instance we are unable to provide some of the information you have requested because an exception under regulation 10(5)(d) (Confidentiality of proceedings) of the EIRs applies to that information. This is because accident causation factors are sensitive and therefore not released. The reasons for not releasing this data include preventing any prejudice to any subsequent prosecutions as a result of an accident or causing harm or distress to an individual.

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. While we recognise that there may be some public interest in information about accidents causes there is a greater public interest in ensuring that its release does not undermine possible subsequent prosecutions.

Drainage

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. We do not have the information you have requested because, other than over edge drainage into the verge, there is no other drainage at this location. As such, there is no relevant inspection or maintenance records.

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. While we recognise that there may be some public interest in information about drainage, clearly we cannot provide information which we do not hold.

Surface Water/Flooding Incidents

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. We do not have the information you have requested because there has been no surface water or flooding incidents recorded for the location and date range requested.

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. While we recognise that there may be some public interest in information about flooding, clearly we cannot provide information which we do not hold.

Lastly, as there has been no flooding issues there has been no flood preventative works put in place.

About FOI

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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
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