Transport minister meeting with Fergus Ewing MSP: EIR release

Information requested

Please supply all items of information held in relation to the briefing prepared for transport minister Jenny Gilruth for her meeting with Fergus Ewing MSP about road safety on 25 October 2022, and all notes and records of the event, and associated correspondence.

This is listed in the Scottish Government's ministerial engagements

https://www.gov.scot/publications/ministerial-engagements-travel-and-gifts-october-2022/

This should include all material prepared for Ms Gilruth in preparation for the meeting including briefing papers, emails and media clippings, and all notes and records of the meeting, including any media recordings and transcripts.

In order to fulfil this request as cheaply and efficiently as possible, it is suggested that copies of original files are released in PDF format, or their original media format.

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.

In response to your request above, please refer to Annex A which contains correspondence sent to/from the Minister for Transport in relation to the Minister for Transport’s meeting with Fergus Ewing MSP on 25 October 2022.

Please refer to Annex B which contains material prepared for the meeting and email attachments sent to the Minister for Transport in relation to the Minister for Transport’s meeting with Fergus Ewing MSP on 25 October 2022.

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 Article 5(1) of the General Data Protection Regulation and in section 34(1) of the Data Protection Act 2018. 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. This exception has been applied to Annexes A and B contained within this response.

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 an exception under regulation 10(4)(e) of the EIRs (internal communications) applies to some of the information because it is internal communication between Transport Scotland / Scottish Government officials and Scottish Ministers about the Minister for Transport’s meeting with Fergus Ewing MSP on 25 October 2022. This exception has been applied to Annex B contained within this response. The reasons why that exception applies are explained below.

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 some public interest in release as part of open, transparent and accountable government, and to inform public debate. However, this is outweighed by the public interest in maintaining high quality policy and decision-making, and in the properly considered implementation and development of briefing material, policies and decisions. This means that Ministers and officials need to be able to consider all available options and to debate those rigorously, to fully understand their possible implications.

Their candour in doing so will be affected by their assessment of whether disclosing the drafting of documents and advice rather than representing the settled view or position of the Minister may undermine or constrain the Government’s view on that policy while it is still under development. The information requested is internal communication regarding development of briefing material and government policy and if released would otherwise impact on effective conduct of public affairs.

An exception under regulation 10(5)(b) of the EIRs (substantial prejudice to course of justice) also applies to some of the information you have requested because it is in relation to details of road accidents contained within the road safety briefing, enclosed in Annex B which relate to ongoing Police investigations and potential prosecutions.

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, transparent and accountable government, and to inform public debate. However, this is outweighed by the strong public interest in maintaining the right to confidentiality of ongoing Police investigations. Transport Scotland retains this information for general operational purposes only.

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.

FOI 202300338584 - Information released - Annex B

File type

21 page PDF

File size

343.4 kB

FOI 202300338584 - Information released - Annex A

File type

7 page PDF

File size

318.3 kB