Publication - FOI/EIR release

Upgrades carried out at Strone point on A83: FOI release

Published: 10 October 2017
Topic: Public sector, Transport

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

FOI reference: FOI/17/02054
Date received: 11 September 2017
Date responded: 6 October 2017

Information requested

The minor upgrades carried out at Strone point on the A83, which I believe will be covered under Class 2 of your FOI publication schedule.

The works are described on this page of your website:

https://www.transport.gov.scot/projects/a83-improvements/a83-improvements/#37412

The information I would like to request is:

1. The document which would have been produced before the project was undertaken which would have defined in detail the works to be carried out (e.g. what new markings were to be installed, how much the carriage way would be widened, what biker guards would be installed etc).

2. The document produced at the end of the project which would have specified how the project met the objectives defined in the prior document, and inherently would show whether all the planned upgrades were made.

3. Any statistics available which show the rate and severity of accidents both before and after the works were carried out.

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.

I would like to clarify that the A83 Strone Point Improvement Scheme has not yet been completed and a Contractor was appointed earlier this year and discussions regarding a start date are ongoing. Also please note that the information on our website is currently being updated as the information displayed is out of date.

1. Please refer to Annex A and B of this request which is the Prequalification Questionnaire and Tender documentation for the A83 Strone Point Improvement Scheme. In relation to Annex B, An exception under regulation 11(2) of the EIRs (personal information) applies to some of the information requested because it is personal data of a third party and disclosing it would contravene the data protection principles in Schedule 1 to the Data Protection Act 1998. 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.

2. While our aim is to provide information whenever possible, in this instance Transport Scotland 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. The reason why that exception applies is that the works have not started so we are unable to provide the document requested.

3. While our aim is to provide information whenever possible, in this instance Transport Scotland 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. The reason why that exception applies is that the works have not started so we are unable to provide accident figures for you at this time.

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