Publication - FOI/EIR release

Information regarding Scottish Roads Partnership compensation claims: EIR release

Published: 25 September 2017
Topic: Public sector, Transport

Information request and response under the Environmental Information (Scotland) Regulations 2004.

FOI reference: FOI/17/01973
Date received: 28 August 2017
Date responded: 21 September 2017

Information requested

M8 M73 M74 Motorway Improvements Project

I am making an official request under The Freedom of Information (Scotland) Act 2002 for details of the number of vehicles who have made a claim for damage by sheet metal/road signs since the road project begun and have been paid compensation. If it is not possible to provide the information requested due to the information exceeding the cost of compliance limits identified in Section 12, please provide advice and assistance, under your Section 16 obligations, as to how I can refine my request to be included in the scope of the Act. In any case, if you can identify ways that my request could be refined please provide further advice and assistance to indicate this.
I am also making an official request under The Freedom of Information (Scotland) Act 2002 for details of the number of other vehicles who have made a claim for damage by sheet metal/road signs since the road project begun between the months of Jan 17-July 17. If it is not possible to provide the information requested due to the information exceeding the cost of compliance limits identified in Section 12, please provide advice and assistance, under your Section 16 obligations, as to how I can refine my request to be included in the scope of the Act. In any case, if you can identify ways that my request could be refined please provide further advice and assistance to indicate this.
I am also making an official request under The Freedom of Information (Scotland) Act 2002 for details of the number of claimants who have taken their claim to the Scottish courts for compensation . If it is not possible to provide the information requested due to the information exceeding the cost of compliance limits identified in Section 12, please provide advice and assistance, under your Section 16 obligations, as to how I can refine my request to be included in the scope of the Act. In any case, if you can identify ways that my request could be refined please provide further advice and assistance to indicate this.
I am also making an official request under The Freedom of Information (Scotland) Act 2002 for a copy of the FLJV's Traffic Safety Control Officers' daily report for the 25/26th of February 2017 and the 4/5th March 2017. If it is not possible to provide the information requested due to the information exceeding the cost of compliance limits identified in Section 12, please provide advice and assistance, under your Section 16 obligations, as to how I can refine my request to be included in the scope of the Act. In any case, if you can identify ways that my request could be refined please provide further advice and assistance to indicate this.
I am also making an official request under The Freedom of Information (Scotland) Act 2002 for a copy of the in house and external mechanics reports relating to my claim against the SRP, details of which can be found by contacting [redacted]. If it is not possible to provide the information requested due to the information exceeding the cost of compliance limits identified in Section 12, please provide advice and assistance, under your Section 16 obligations, as to how I can refine my request to be included in the scope of the Act. In any case, if you can identify ways that my request could be refined please provide further advice and assistance to indicate this.

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.

1. Scottish Roads Partnership (SRP), the contractor for the project, confirm that since the commencement of the project three vehicles which made claims in relation to damage by road signs have been paid compensation.

2. SRP confirm that two vehicles made claims in relation to damage by road signs between January 2017 and July 2017.

3. While our aim is to provide information whenever possible, in this instance the Scottish Government does not have the information you have requested. Therefore we are refusing your request under the exception at regulation 10(4)(a) of the EIRs. However, you may wish to contact The Scottish Courts and Tribunals Service (SCTS) who may be able to help you. Information to assist in requesting information from SCTS can be found at the following link: Scottish Courts - Freedom of Information

4. Please find attached redacted copies of the requested reports. An exception under regulation 10(5)(e) of the EIRs (substantial prejudice to confidentiality of commercial information) applies to some of the information you have requested. This exception applies because disclosure of this particular information would, or would be likely to, prejudice substantially the confidentiality of commercial information provided by SRP and thus cause substantial harm to their commercial interests. Disclosure of this information may give advantages to competitors in future similar tendering exercises and would prejudice Scottish Roads Partnership in relation to its on-going commercial relationships with third-parties engaged or to be engaged in the delivery of construction activities as part of the project.

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. We recognise that there is a public interest in disclosing information as part of open and transparent government, and to help account for the expenditure of public money. However, there is a greater public interest in protecting the commercial interests of companies which enter into Scottish Government contracts, to ensure that we are always able to obtain the best value for public money.

5. SRP consulted with in house mechanics verbally and do not hold any recorded information in respect of this discussion. Therefore we are refusing your request under the exception at regulation 10(4)(a) of the EIRs.

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at http://www.gov.scot/foi-responses