A96 Corridor Review: FOI release
Information request and response under the Freedom of Information (Scotland) Act 2002
Information requested
1. All documents and advice, submissions and information provided to the minister and exchanges with officials and any other bodies such as HIE, relating to the advice to which the minister referred as having been commissioned, and all subsequent advice preferred to her please.
2. More specifically, the impact the growth of jobs in the renewables industry may have on the volume - and type (e.g. heavy / large loads) of traffic required to use the A96.
Response
Information provided includes:
Annex A - A submission from Transport Scotland officials to the Cabinet Secretary for Transport relating to Renewables. Please note that some of this information is out of scope of the request, therefore has been redacted.
Annex B – Meeting Notes between Transport Scotland officials and the Cabinet Secretary for Transport, which mention renewables. Please note that some of this information is out of scope of the request, therefore has been redacted.
While our aim is to provide information whenever possible, in this instance we are unable to provide some of the information contained in the document because of exemptions under sections 30(b)(i) (free and frank provision of advice) and 38(1)(b) (personal information) of FOISA applies to that information. The reasons why both exemptions apply are explained in the Annex to this letter.
While our aim is to provide information whenever possible, in this instance the Scottish Government does not have the information you have requested in your further clarification email. The reasons why we do not have the information are explained in the Annex to this letter.
ANNEX
1. Reasons for not providing information
An exemption applies to Annex A document:
An exemption under section 30(b)(i) of FOISA (free and frank provision of advice) applies to some of the information requested. This exemption applies because disclosure would, or would be likely to, inhibit substantially the free and frank provision of advice. This exemption recognises the need for officials to have a private space within which to provide free and frank advice to Ministers before the Scottish Government reaches a settled public view. Disclosing the content of free and frank advice on how transport may support the renewables potential of Scotland will substantially inhibit the provision of such advice in the future, particularly because these discussions and research are still ongoing and decisions have not been taken.
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. We recognise that there is a public interest in disclosing information as part of open, transparent and accountable government, and to inform public debate. However, there is a greater public interest in allowing a private space within which officials can provide full and frank advice to Ministers, as part of the process of exploring and refining the Government’s position on how transport can further support the renewables industry, until the Government as a whole can adopt a strategy that is sound and likely to be effective. This private thinking space is essential to enable all options to be properly considered, based on the best available advice, so that good decisions can be taken. Premature disclosure is likely to undermine the full and frank discussion of issues between Ministers and officials, which in turn will undermine the quality of the decision making process, which would not be in the public interest.
An exemption under section 38(1)(b) of FOISA (personal information) applies to the information requested. Names and contact information is considered to be personal data and has therefore been marked as ‘redacted’ in the attached document.
An exemption applies to Annex B document:
An exemption under section 38(1)(b) of FOISA (personal information) applies to the information requested. Names and contact information is considered to be personal data and has therefore been marked as ‘redacted’ in the attached document.
2. Reasons for not providing information
The Scottish Government does not hold the information requested
The Scottish Government does not have the information you have asked for because there have been no documents, advice or submissions provided to the Minister relating to the impact of volume and type (e.g. heavy / large loads) of traffic required to use the A96, due to the growth of jobs in the renewables industry.
As such, I hereby provide you with formal notice under section 17(1) of FOISA that the Scottish Government does not have the information you have requested.
About FOI
The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at https://www.gov.scot/foi-responses.
Contact
Please quote the FOI reference
Central Correspondence Unit
Email: contactus@gov.scot
Phone: 0300 244 4000
The Scottish Government
St Andrew's House
Regent Road
Edinburgh
EH1 3DG