A96 dualling (Aberdeen to East Huntly) and the A96/A920 junction at Colpy: EIR release

Information requested

Please provide me with all recorded information of correspondence - including but not limited to minutes of meetings, presentations and emails - between Transport Scotland and Scottish Ministers between 18 September 2017 and 18 September 2023 relating to dualling the A96 Aberdeen to East Huntly, including Inverurie and Keith bypass, and Nairn to Inverness.

Can I have a copy of the same with specific mention of the Colpy A96/A920 junction.

Please provide me with all recorded information and correspondence - including but not limited to minutes of meetings, presentations and emails - between Transport Scotland and Scottish Ministers between 18 September 2017 and 18 September 2023 relating to:

–what money is currently available for the A96 dualling programme?

–if that money has been ring-fenced?

–whether the cash earmarked for A96 dualling has been used for anything else?

We sent an email on 20 September 2023 requesting clarification. Following our receipt of your clarification on 26 September 2023, it was confirmed that your request is specific to:

Hello
Thanks for getting in touch
Q - Please could you clarify the specific information you are seeking in relation to the schemes in your request above.
A - A copy of correspondence mentioning upgrades or consultations regarding the A96 from Aberdeen to East Huntly, the A96 Inverurie and Keith bypass, and the A96 Nairn to Inverness. Also the A96 Colpy junction.
Q - Could you also please clarify a more specific timescale as the timescale you have requested between 18 September 2017 and 18 September 2023 is considered too long in duration to allow the information requested to be identified.
A - Correspondence between 01 January 2021 and 18 September 2023 would be ideal, thanks. Thanks

Response

As all of 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 extracts of correspondence between Transport Scotland officials and Scottish Ministers between 01 January 2021 and 18 September 2023 relating to dualling the A96 Aberdeen to East Huntly, including Inverurie and Keith bypass, Nairn to Inverness and the Colpy A96/A920 junction.

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 Annex A 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 timetable and/or financing of the A96 Dualling Programme. This exception has been applied to Annex A 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 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 discussions on timetable and/or financing of the A96 Dualling Programme will be disclosed in the future, when it 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 government policy and if released would otherwise impact on effective conduct of public affairs.

What money is currently available for the A96 dualling programme?

Spend on our trunk road improvement projects is managed within the Capital Land and Works allocation of £121.9 million as part of the Motorway and Trunk Roads Spending Plans set out in the Scottish Budget: 2023-24. This covers preparation and delivery of a range of projects and programmes including A9 Dualling Perth to Inverness, the A83 Rest and Be Thankful medium and long options and improvements to the A96 corridor as well as a number of other projects and programmes. Spend on each individual project is managed with the Capital Land and Works allocation budget line which reflects the scope of work anticipated to be taken forward within the financial year.

If that money has been ring-fenced?

We are refusing your request under the exception at regulation 10(4)(a) of the EIRs. Under the terms of the exception at regulation 10(4)(a) of the EIRs (information not held), the Scottish Government is not required to provide information which it does not have. The Scottish Government does not have the information you have requested because there has been no correspondence in relation to money being ring-fenced.

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. While we recognise that there may be some public interest in the requested information, clearly, we cannot provide information which we do not hold.

Whether the cash earmarked for A96 dualling has been used for anything else?

We are refusing your request under the exception at regulation 10(4)(a) of the EIRs. Under the terms of the exception at regulation 10(4)(a) of the EIRs (information not held), the Scottish Government is not required to provide information which it does not have. The Scottish Government does not have the information you have requested because there has been no correspondence in relation to whether the cash earmarked for the A96 Dualling Programme has been used for anything else.

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. While we recognise that there may be some public interest in the requested information, clearly, we cannot provide information which we do not hold.

Under regulation 6(1)(b) of the EIRs, we do not have to give you information which is already publicly available and easily accessible to you in another form or format. We have applied this regulation to Annex A from the period from January 2021 to 18 September 2023. This information has been released under Freedom of Information which can be accessed via the Scottish Government’s website online at https://www.gov.scot/publications/. Please see list below of relevant reference numbers:

• FOI 202200324323
• FOI 202200305664
• FOI 202200334072
• FOI 202100251442

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.

EIR 202300376421 - Information released - Annex A

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