Publication - FOI/EIR release

Correspondence between Transport Scotland and Scottish Ministers: FOI Review

Published: 9 September 2024
Topic: Public sector, Transport
FOI reference: FOI/202300377919 review of 202300364187
Date received: 22 September 2023
Date responded: 23 October 2023

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

Information requested

Original request - 202300364187

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 1 January 2019 and 30 june 2023 relating to the following A9 dualling sections:

A9 Tay Crossing to Ballinluig
A9 Pitlochry to Killiecrankie
A9 Glen Garry to Dalwhinnie
A9 Dalwhinnie to Crubenmore
A9 Tomatin to Moy.

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 1 January 2019 and 30 june 2023 relating to:

what money is currently available for the A9 dualling programme as of June 30?
if that money has been ring-fenced?
whether the cash earmarked for A9 dualling has been used for anything else?

Response

Further to my acknowledgement of 2 October 2023, I have now completed my review of our response to your request under the Environmental Information (Scotland) Regulations 2004 (EIRs) for: “minutes of meetings, presentations and emails - between Transport Scotland and Scottish Ministers between 1 January 2019 and 30 june 2023 relating to the following A9 dualling sections:

A9 Tay Crossing to Ballinluig
A9 Pitlochry to Killiecrankie
A9 Glen Garry to Dalwhinnie
A9 Dalwhinnie to Crubenmore
A9 Tomatin to Moy.

what money is currently available for the A9 dualling programme as of June 30?
if that money has been ring-fenced?
whether the cash earmarked for A9 dualling has been used for anything else?”

You then clarified our query in relation to the first part of your request, specifically the nature of the information that you are requesting in respect of the particular sections of the A9 dualling programme which you confirmed with the following -

“Regarding that query, I am interested in information that pertains to:

decision-making about when any of the aforementioned dualling projects could proceed or otherwise
the discussions or debates regarding those decisions between Transport Scotland and Scottish Ministers
the decisions, discussions or debates regarding funding for these projects between Transport Scotland and Scottish Ministers.”

Response to your Review Request – FOI 202300377919

I have concluded that the original decision should be confirmed, with modifications.

The reason I have reached this conclusion is that we could have been clearer in our original response to you in relation to some of the information that was previously withheld. I believe that some of that information can now be released. However, in the main I still uphold the decision to apply an exception under regulation 10(4)(e) of the EIRs (internal communications) as it applies to some of the information requested because it is internal communication between Transport Scotland/ Scottish Government officials and Scottish Ministers.

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 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 and therefore would not be appropriate to release information ahead of that process concluding.

I have reconsidered the Public Interest Test and the exception applied in this case and I appreciate your concerns surrounding the high degree of sensitivity and public interest in the A9 Dualling Programme. However, I believe that the Public Interest Test had been appropriately applied in this case.

In the response to your request (FOI 202300364187) we advised you that some information has previously been released and asked you if it was relevant. You advised that “I should have added that the links you sent from previous FOI and EIRs did not contain the information I was seeking”. However I am of the view that some of that information is within the scope of your request (FOI 202300364187). I believe that we could have been more clear in identifying that this was the case in our response to you of 9 August 2023.

The link to the information is: https://www.gov.scot/publications/foi-202300344674/

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. If, however, you do not have internet access to obtain this information from the website(s) listed, then please contact me again and I will send you a paper copy.

My review of your case has concluded that the following extracts of information contained in the following Briefings could have been released to you when your case was first looked at.

Please find attached at Annexes A, B and C the information I believe should have been disclosed to you as per your original request. Please note that some of this information has been extracted from those aforementioned documents as this is information I consider to be in the scope of your request.

Annex A - Attached as PDF to this e-mail.

1. (A9 P12 Procurement PIN) – A9 DUALLING PROGRAMME – TOMATIN TO MOY – PUBLICATION OF PRIOR INFORMATION NOTICE – 18 February 2021
2. Emails associated with 1 above.
3. (A9 Dualling T-M Proceed to Procurement Note) - A9 DUALLING PROGRAMME – TOMATIN TO MOY – PUBLICATION OF CONTRACT NOTICE – 29 July 2021
4. Emails associated with 2 above.
5. Extract from Briefing: (Tomatin to Moy – Procurement Advice Note) – 28 July 2021
6. Emails associated with 3 above.

Annex B – Attached as pdfs to this e-mail

i. FW_ IMMEDIATE - A9 Dualling Forthcoming Made Orders Redacted 121023
ii.Submission to Minister on A9 Tay Crossing to Ballinluig etc R 121023
iii.Submission to Ministers on A9 Tomatin to Moy made Order publication - 16 Feb 21 Redacted 121023
iv.Submission to Ministers on made Order publication - 8 March 2021 Redacted 121023
v.FW A9 Dualling - Tay Crossing to Ballinluig & Pitlochry to Killiecrankie etc. Redacted 121023
vi.FW Official Sensitive - Minute to Cab Sec - A9 Dualling - Tomatin to Moy etc. Redacted 121023

Annex C – Attached as pdfs to this e-mail

i. A9 Dalwhinnie to Crubenmore - e-mail from Cab Sec to TS - Redacted 201023
ii.A9 Dalwhinnie to Crubenmore - Minute to the Cabinet Secretary for Transport - 15 October 2020 - Redacted
iii.A9 Glen Garry to Dalwhinnie - e-mail from Cab Sec to TS - Redacted 201023
iv.A9 Glen Garry to Dalwhinnie - Minute to Cabinet Secretary for Transport - May 2019 - Redacted
v.A9 Pitlochry to Killiecrankie - e-mail from Cab Sec to TS - Redacted 201023
vi.A9 Pitlochry to KIlliecrankie - Minute to the Cabinet Secretary for Transport - October 2019 – Redacted
vii.A9 Tay Crossing to Ballinluig - e-mail from Cab Sec to TS - Redacted 201023
viii.A9 Tay Crossing to Ballinluig - Minute to Cab Sec - 1 February 2021 – Redacted
ix.A9 Tomatin to Moy - Minute to the Cabinet Secretary for Transport - 13 December 2019 - Redacted

An exception under regulation 10(4)(e) of the EIRs (internal communications) applies to some of the information requested because it is internal communication between Transport Scotland/ Scottish Government officials and Scottish Ministers.

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.

As noted in the original response to your FOI request, work to determine the most suitable procurement options for the remaining sections of the A9 dualling is now in the final stages ahead of advice being provided to Ministers for decision. This is a complex exercise which looks at a number of factors including how the project can be delivered most efficiently by the industry, whilst minimising disruption to road users and helping to support economic recovery post-COVID. This work is expectedto conclude in Autumn 2023 and an update on a new timescale for completion will be provided to the Scottish Parliament at that 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.