Correspondence regarding A96 omission from Infrastructure Delivery Plan 2026: FOI release

Information requested

All correspondence between Shona Robison, Fiona Hyslop, and their advisors, regarding the initial omission of the A96 from the Infrastructure Delivery Plan 2026 that was published on 13 January 2026 and then corrected on 14 January 2026.

Response

I enclose a copy of the information you requested in Annex A.

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 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 that exemption applies are explained in the Annex to this letter.

Annex - Reasons for not providing information

An exemption applies

An exemption under section 30(b)(i) (free and frank provision of advice) of FOISA 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. Disclosing the content of free and frank advice in relation to internal processes and decision making will substantially inhibit the provision of such advice in the future, particularly because relates to preparation of Ministerial advice and publications.

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 free and frank advice to Ministers as part of the internal process of preparation of documents for publication and the reasons for such a publication error.

An exemption under section 38(1)(b) (personal information) of FOISA applies to some of the information you have requested because it is personal data. Therefore, personal information such as names and contact details of individuals have been redacted.

Releasing this information 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.

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FOI 202600501669 - Information Released - Annex A

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