Removal of litter from verges: EIR release

Information requested

Clarify BEAR/Transport Scotland’s position on removal of litter from verges, and if this is carried out in advance of any grass cutting?

Confirm how many litterers have been identified and issued with fines over the last 3 years in East Lothian on your network?

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.

Removal of litter

Our Operating Company BEAR Scotland, on behalf of Transport Scotland, are responsible for litter picking on the A1 between Old Craighall Roundabout (including the slip roads) and Thistly Cross Roundabout. Litter picking on all other areas of the A1 are the responsibility of the relevant Local Authority (East Lothian Council: New Craighall – Old Craighall and Thistly Cross Roundabout – Dunglass Bridge)

BEAR Scotland undertake litter picks on their sections of the A1 as part of a wider and continuous programme of network maintenance, including additional reactive litter picks resulting from inspections and is a frustration that we all have within the network as a byproduct of inconsiderate drivers, either throwing items from vehicles, dumping of commercial and household waste or skip lorries who fail to cover the rear of their vehicles. BEAR Scotland addresses problem areas by allocating additional resources to when they are available. BEAR Scotland are instructed to remove any litter before carrying out grass cutting.

BEAR Scotland’s grass cutting schedule has been shared with East Lothian Council and they are invited to meet to discuss the schedule in advance of grass cutting season resuming.

BEAR Scotland and Transport Scotland also hold regular meetings with East Lothian and Scottish Borders Councils to discuss grass cutting and litter picking on the A1. Where possible, assistance will be provided to help the Councils with their litter picking responsibilities.

Fines

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 neither Transport Scotland, nor its Operating Companies have the authority to issue fines for littering offences on the trunk road network. Penalties can only be issued Penalties can be issued by the police, by local authorities and by public bodies including Loch Lomond and the Trossachs National Park. You may wish to contact these authorities for further information

Further Information on enforcement for environmental crimes such as litter and fly tipping can be found here Litter and flytipping - Managing waste - gov.scot.

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 fines for littering, clearly we cannot provide information which we do not hold.

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.