Publication - FOI/EIR release

Correspondence regarding Scotland specific aspect of HS2: FOI release

Published: 16 February 2022
Topic: Public sector, Transport
FOI reference: FOI/202100261368
Date received: 2 December 2021
Date responded: 6 January 2022

Information request and response under the Freedom of Information (Scotland) Act 2002

Information requested

The following information:-

I wish to request, under FoI, correspondence during 2021 between Transport Scotland and its UK Government counterparts over a Scotland specific aspect of HS2.

Response

I have attached the information you requested in Appendix A.

Some of the information has been redacted as follows in line with FOISA:

Section 27(1) – Future Publication (12 weeks)
An exemption under section 27 (1) of FOISA (Future Publication – 12 weeks) applies to some of the information requested. The reasons why this exemption has been applied is outlined in Appendix B.

Section 30(b)(ii) - Substantial inhibition to free and frank exchange of views
An exemption under section 30(b)(ii) of FOISA (substantial inhibition to free and frank exchange of views) applies to some of the information requested. The reasons why this exemption has been applied is outlined in Appendix B.

Section 33(1)(b) - Substantial prejudice to commercial interests
An exemption under 33(1)(b) of FOISA (Substantial prejudice to commercial interests) applies to some of the information requested. The reasons why this exemption has been applied is outlined in Appendix B.

Section 38 (1) (b) – Third party data
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, i.e. names and contact details of individuals and companies, 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.

For ease, the information that has been redacted in line with Section 27(1), Section 30 (b)(ii) and Section 33(1)(b) has been clearly marked as follows: -
Section 27(1)
Section 30(b)(ii)
Section 33(1)(b)

The remaining information that has been redacted is that which falls into the exemption of section 38 (1) (b) – third party data.

In addition to the information contained in Appendix A there is 3 documents as attachments to emails which fall into the scope of your request and as such I have attached these separately to this reply.

For reference these are as follows:-

1. 12 January 2021 – HS2 Gretna Data
2. 13 January 2021 – Gretna O and M Boundary 01
3. 13 January 2021 - Gretna O and M Boundary 02
4. 16 April 2021 – Letter from Mr Stevenson to Mr Matheson
5. 1 July 2021 – SMR Discussion Points
6. 30 August 2021 – Transport Scotland – SMR Workshop – Draft Minutes
7. 13 September 2021 – Transport Demand Paper
8. 28 September 2021 – Scotland Govt Engagement

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.