Funding of Edinburgh’s tram transport network documentation: EIR Review

Information requested

Original request: 202500472717

Information recorded by the Scottish Government in the last twenty four months, relating to the funding of Edinburgh’s tram transport network.

This should include copies of documents, correspondence and minutes of meetings with the City of Edinburgh Council and other parties related to the current and future financing of current tram services, the preparation of business cases and future construction work for new tram routes in Edinburgh. The information should include advice and recommendations on funding options for Edinburgh’s trams by the Scottish Government, the City of Edinburgh Council and other parties.

Response

Further to my letter of 6 August 20205, I have now completed my review of the response to your request under the Environmental Information (Scotland) Regulations 2004 (EIRs) for: “information recorded by the Scottish Government in the last twenty four months, relating to the funding of Edinburgh’s tram transport network.

• This should include copies of documents, correspondence and minutes of meetings with the City of Edinburgh Council and other parties related to the current and future financing of current tram services, the preparation of business cases and future construction work for new tram routes in Edinburgh. The information should include advice and recommendations on funding options for Edinburgh’s trams by the Scottish Government, the City of Edinburgh Council and other parties.”

I have concluded that our response should be confirmed with modifications.

In summary, you are not happy that some of the information requested was withheld on the grounds that it would include personal information, and that some meeting notes were still to be finalised.

On the first point, you were provided with ‘Document 1’ because it mentioned the tram network or funding options. The ‘personal information’ that was redacted from this document was simply the name and email address of the person who drafted the document. This information was correctly withheld under regulation 11(2) of the EIRs for the reasons set out in the initial response, but I apologise for any misunderstanding and consider that this point could have been more clearly conveyed to you. 

On the release of the draft meeting minute, I have concluded that the exception at regulation 10(4)(d) of the EIRs applies to this information for the reasons set out in the initial response. I have also reconsidered the public interest test in relation to this information, and I agree with the original rationale: “However, this is outweighed by the public interest in ensuring that unfinished or incomplete information which is still in being worked on or is under active consideration is not disclosed when it might misinform the public or give a misleading impression of the Government’s view or position on the matter to which the information relates.”

You were informed that the meeting note would be released “in the next 4-6 weeks”. Transport Scotland officials have recently contacted CEC officials to ask them to sign off the meeting minute and I understand that the deadline noted, as adjusted, still stands. I have asked my colleagues to contact you as soon as the minutes are agreed.

Other material
In the course of undertaking my review I have identified other material that was relevant to your original request and that should have been disclosed to you. I apologise for these omissions and have asked the original responding team to consider how improvements could be made to their processes to avoid such a situation reoccurring. 

The material in question is as follows:

1. A Transport Scotland briefing for the Transport Scotland chief executive’s meeting with the chief executive of City of Edinburgh Council (CEC) (Appendix A)
2. Correspondence between the Cabinet Secretary for Transport and the CEC Transport and Environment convener (Appendix B).
3. Email correspondence between CEC and Transport Scotland officials (Appendix C).
4. Correspondence between the Cabinet Secretary for Transport and Cllr Arthur (Appendix D).
5. Correspondence between Transport Scotland and a member of the public (Appendix E).
6. Correspondence between the Cabinet Secretary for Transport and Angus Robertson MSP (Appendix F).

Please note that I am unable to provide all of the above information in full because exceptions apply under the EIRs. This includes exceptions under regulation 11(2) of the EIRs (personal information) which applies to personal data of a third party, where disclosing it would contravene the data protection principles in Article 5(1) of the General Data Protection Regulation and in section 34(1) of the Data Protection Act 2018. This exception is not subject to the ‘public interest test’, so we are not required to consider if the public interest in disclosing the information outweighs the public interest in applying the exception.

The specific exceptions are as follows:

• In relation to point 1 above I have redacted information that I consider falls under the heading of ‘Internal communications’ (EIR Regulation 10(4)(e)). It is internal communication between Scottish Government officials, providing a briefing for a meeting. This exception is subject to the public interest test. Therefore, taking account of all the circumstances of this case, I have considered if the public interest in disclosing the information outweighs the public interest in applying the exception. I have found that, on balance, the public interest lies in favour of upholding the exception. I recognise that there is some public interest in release as part of open, transparent and accountable government, and to inform public debate. However, there is a greater public interest in allowing officials to brief freely and provide advice/ comment on the possible actions of the Scottish Government in a highly sensitive area. It does not necessarily represent the views of Scottish Ministers and disclosing the information may potentially mislead public discussion of an important issue. Officials’ candour in providing advice will be affected by their assessment of whether the discussions on such matters will be disclosed in the near future, when it may undermine or constrain the Government’s view on that issue while it is still under discussion and development.
• Point 2: I have redacted the convener’s mobile phone number as this is personal information
• Point 3: I have redacted officials’ names as this is personal information
• Point 5: I have redacted names as this is personal information

Further, please note that any information in the above documents that does not relate to your original request has been deemed ‘out of scope’ and therefore removed.

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.

EIR 202500477075 - Information released - Annex A

File type

PDF

File size

235.0 kB