Correspondence regarding 20mph speed limit review in Glasgow, Edinburgh, Aberdeen and the Highlands: FOI release

Information requested

Could you supply all documentation held by Transport Scotland, including correspondence sent and eceived (including internal), briefings, minutes/notes from meetings and analysis about cutting road speed limits from 30mph to 20mph in Glasgow, Edinburgh, Aberdeen and the Highlands, from the last month?

Response

Please find attached to this letter, FOI - 202500479025 - Annex A, which contains all the document, falling in the scope of your request, which we hold on record.

Please note within FOI - 202500479025 - Annex A there is reference to 5 additional documents (Annex 1, Annex 2, Annex 3, Annex 4 and Annex 5) they are also attached to this letter.

Whilst we aim to provide the information wherever possible, some of the information in the attached FOI - 202500479025 - Annex A has been redacted in line with the following FOISA exemptions:

Section 38(1)(b) – Personal data relating to third party

An exemption under section 38(1)(b) of FOISA (personal information) applies to some of the information requested because it is personal data of a third party, ie names and contact details of individuals, and 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 exemption 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 exemption. 

Section 36 (1) – Confidentiality in legal proceedings (covers legal advice)

An exemption under section 36(1) of FOISA (confidentiality in legal proceedings) applies to some of the information requested because it is legal advice and disclosure would breach legal professional privilege.

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 some public interest in release as part of open and transparent government, and to inform public debate. However, this is outweighed by the strong public interest in maintaining the right to confidentiality of communications between legal advisers and clients, to ensure that Ministers and officials are able to receive legal advice in confidence, like any other public or private organisation.

Section 25 (1) – Information otherwise accessible

Some of the information you have requested is available online, you will be able to find the appropriate links within FOI - 202500479025 - Annex A. Under section 25(1) of FOISA, we do not have to give you information which is already reasonably accessible to you. If, however, you do not have internet access to obtain this information from the website(s) listed, then please contact me again and I will send you a paper copy.

Section 30(c) – Prejudice to effective conduct of public affairs

An exemption under section 30(c) of FOISA (prejudice to effective conduct of public affairs) applies to some of the information requested. It is essential for officials to be able to communicate, often in confidence, with external stakeholders on a range of issues, including the implementation of 20mph speed limits. Disclosing the content of these communications, particularly without the consent of the takeholder, is likely to undermine their trust in the Scottish Government and will substantially inhibit communications on this type of issue in the future. These stakeholders will be reluctant to provide their views fully and frankly if they believe that their views are likely to be made public, particularly while these discussions are still ongoing. This would significantly harm the Government’s ability to carry out many aspects of its work, and could adversely affect its ability to continue to progress the implementation of 20mph speed limits.

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 Ministers and officials a private space within which to communicate with appropriate external stakeholders as part of the process of implementing the 20mph speed limits.

This private space is essential to enable all options to be properly considered, so that good decisions can be taken based on fully informed advice and evidence, such as that provided by Operating Companies and Local Authorities. Premature disclosure is likely to undermine the full and frank discussion of issues between the Scottish Government and these stakeholders, which in turn will undermine the quality of the communication and decision making process, which would not be in the public interest.

Whilst we aim to provide the information wherever possible, some of the information in the attached Annex 1. BEAR Scotland NW and TS meeting notes - 23-07-25 and Annex 2. Signed Delivery Letters has been redacted in line with the following FOISA exemptions:

Section 38(1)(b) – Personal data relating to third party

An exemption under section 38(1)(b) of FOISA (personal information) applies to some of the information requested because it is personal data of a third party, ie names and contact details of individuals, and 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 exemption 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 exemption.

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.

FOI 202500479025 - Information released - Annex A and Annex 1-5

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