A9 Dualling Programme: EIR release

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


Information requested

I am writing to request further information regarding the ongoing A9 Dualling Programme.

I would like to request a copy of the detailed cost breakdown and any relevant risk registers for all sections of the project that have them available.

Furthermore, I would appreciate any information regarding the efficacy of any completed parts of the programme, such as Post Opening Project Evaluations (POPEs). These would be for the Kincraig to Dalraddy and the Luncarty to Pass of Birnam sections of the dualling project.

Response

I have provided a response to each of your questions as follows;

I would like to request a copy of the detailed cost breakdown

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. I can confirm that costs incurred on the A9 Dualling Programme up to 18 October 2023 were released under Environmental Information (Scotland) Regulations 2004. Reference 202300384280 and can be accessed via the Scottish Government’s website online at; A9 Dualling Spending Category Breakdown: EIR release - gov.scot (www.gov.scot)

Furthermore, information relating to project estimates as part of the A9 Dualling Programme are available under the individual sections on our A9 Dualling website at the following link: Development of A9 Programme - A9 Dualling.

any relevant risk registers for all sections of the project that have them available.

Please find attached copies of risk registers for the A9 Dualling programme and projects. Some of this information has been redacted, further details provided below.

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 officials and its advisors. The reasons why that exception applies are explained below.

This exception is subject to the ‘public interest test’. This means we have taken account of all the circumstances of the case and considered whether, on balance, disclosing the information is outweighed by the public good to be had by applying the exception. We have found that, on balance, the public interest lies in favour of applying the exception and I have outlined the (specific) reasons for this below.

We do recognise that there is some public interest in releasing this information as part of open, transparent and accountable government, and to inform public debate. However, this is outweighed by the ability for Transport Scotland officials to be able to discuss, debate and deliver high quality policy including the decision-making processes in a private thinking space and ensuring it can be conducted in an environment which does not hamper this process. In order to do so they must be able to properly discuss risks identified, debate and exchange views. Officials need to be able to consider all available options and to debate those rigorously, to fully understand their possible implications and therefore it would not be appropriate to release information ahead of that process concluding.

Furthermore, I would appreciate any information regarding the efficacy of any completed parts of the programme, such as Post Opening Project Evaluations (POPEs). These would be for the Kincraig to Dalraddy and the Luncarty to Pass of Birnam sections of the dualling project.

An exception under regulation 10(4)(a) of the EIRs (information not held) applies to the information you have requested regarding the efficacy of the completed parts of the programme. This exception applies because this information has not been prepared. Transport Scotland plans to undertake project evaluation of the several sections of the A9 dualling programme using Scottish Trunk Road Infrastructure Project Evaluation (STRIPE) Guidance. Transport Scotland is not required to provide information which it does not have.

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. While we recognise there may be some public interest in post opening evaluations, clearly we cannot provide information which we do not hold.

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 202400420790 - Information Released - Annex

Contact

Please quote the FOI reference
Central Enquiry Unit
Email: ceu@gov.scot
Phone: 0300 244 4000

The Scottish Government
St Andrews House
Regent Road
Edinburgh
EH1 3DG

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