Documentation about the A96 dualling project: EIR release

Information requested

1. Could you supply the full cost of the A96 dualling project so far, and the current progress made on it?
2. Could you supply all documentation you hold about the A96 Climate test report, including the report itself, correspondence sent and received about it, minutes/notes from meetings about it, from the last three months.
3. Could you supply all documentation you hold about the A96 dualling project including correspondence sent and received about it, minutes/notes from meetings about it, policy discussions from the last three months.

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.

Following receipt of your request for information we sent an email on 8 July 2024 for clarification:

“In order to identify and locate the information that you have asked for we need some further information from you.

With regards to questions 2 and 3, in order to narrow the scope of your request, I would be grateful if you can confirm that your request relates to meetings/correspondence with Ministers about the A96 Corridor Review.”

The following response was received:

“Yeah that's correct, meetings and correspondence with ministers.”

Please find below response to requests for information you made in your email.

Response to your request

1. Could you supply the full cost of the A96 dualling project so far, and the current progress made on it?

The total spent on the A96 Dualling Programme including the A96 Corridor Review, up to date of your request is £89,370,698.78. This figure comprises expenditure on A96 Dualling Inverness to Nairn (inc Nairn Bypass), A96 Preliminary Engineering Support Services, A96 Strategic Environmental Assessment, A96 Dualling Outline Business Case, A96 Dualling Hardmuir-Fochabers, A96 Dualling East Huntly-Aberdeen and the A96 Corridor Review.

The total spent on the A96 Corridor Review, including consultation as part of the Review, up to the date of your request is £5,903,697.25.

Current Progress

The Scottish Government is committed to improving the A96, including dualling Inverness to Nairn and the Nairn Bypass, and will take forward an enhancements programme on the A96 corridor that improves connectivity between surrounding towns, tackles congestion and addresses safety and environmental issues.

The current plan is to fully dual the route and, as part of this process, we are undertaking a transparent, evidence-based review of the programme which includes a climate compatibility assessment and other statutory assessments. This is sensible good governance for major investment of this kind.

Following publication of the initial appraisal report (Initial Appraisal: The Case for Change Report) and the accompanying consultation report, Transport Scotland has been pushing forward with the extensive detailed appraisal work required to appropriately inform the review. It is expected that the draft outcomes from the review will be consulted on in the coming months, before a final decision can be reached.

The evidence-led transport appraisal that supports the A96 Corridor Review, along with the feedback from stakeholders will assist in planning how transport improvements along the corridor are prioritised and the review’s results will inform our timescales going forward. Like all capital investment decisions the delivery and construction of any potential transport improvements that come from the Review will be subject to completing the necessary statutory process and the normal Scottish Government capital spending review cycle.

In addition to the above, the Scottish Government is committed to dualling the Inverness to Nairn section of the A96 including the Nairn bypass. Dualling from Inverness to Nairn as well as a bypass of Nairn is separate from the wider A96 Corridor Review process, as it has already received Ministerial consent following a Public Local Inquiry. The publication of Made Orders for the scheme on 12 March (Major Milestone towards delivering a Nairn Bypass | Transport Scotland) is a major step forward in delivering around 31 km of new dual carriageway between Inverness and Hardmuir. Completion of the statutory process clears the way for Ministers to acquire the land required to construct the scheme and Transport Scotland is pressing ahead with the procedural steps to make this happen. Work has also commenced to determine the most suitable procurement option for delivering the scheme and thereafter a timetable for progress can then be set in line with available budgets.

Design development on the A96 Dualling Hardmuir to Fochabers and A96 Dualling East of Huntly to Aberdeen Schemes is paused pending the final outcome of the A96 Corridor Review.

Following clarification we have provided a combined response to your questions 2 and 3.

In your request, you asked for the ‘A96 Climate test report’ however I have interpreted that you are asking for the Climate Compatibility Assessment report which is part of the wider A96 Corridor Review.

Please refer to Annex A in response to your request for information which includes correspondence sent to or from Ministers relating to the A96 Corridor Review and A96 Dualling Programme from 2 April 2024 to 2 July 2024.

Please refer to Annex B which contains extracts of briefings sent to or from Ministers relating to the A96 Corridor Review and A96 Dualling Programme from 2 April 2024 to 2 July 2024.

Following publication of the initial appraisal report and the accompanying consultation report at the end of last year, Transport Scotland continues to push forward the necessary further detailed work to inform the remaining stages of the review.

These include a robust appraisal of the retained options alongside a Climate Compatibility Assessment and also a range of statutory assessments (including a Strategic Environmental Assessment), with outcomes from this expected to be ready in the coming months for final public consultation, before a final decision can be reached.

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, we are unable to provide some of the information requested because an exception under regulation 10(4)(d) of the EIRs (unfinished or incomplete information) applies to the Climate Compatibility Assessment report and the wider A96 Corridor Review because it is material which is still in the course of completion. The Climate Compatibility Assessment report and the wider A96 Corridor Review reports will not be finalised until the reports are published as part of the final public consultation, expected in the coming months.

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. This is outweighed by the public interest in ensuring that unfinished or incomplete information which is still being worked on is not disclosed when it might misinform the public.

We are also unable to provide some of the information requested because of a further exception under regulation 10(4)(e) of the EIRs (internal communications) which applies to some of the information requested because it is internal communication between Transport Scotland / Scottish Government officials and Scottish Ministers. 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 Scottish Government, its Ministers and 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, debate and exchange views on how implementing policy will be undertaken and part of this is the development of briefing material, the deliberations that have taken place and the decisions made until policy is finalised. 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 it would not be appropriate to release information ahead of that process concluding. If released would otherwise impact on effective conduct of public affairs.

A further exception under the same regulation 10(4)(e) of the EIRs (internal communications) applies to some of the information you have requested because it is internal communication of the Scottish Cabinet Ministers about the A96 Dualling Programme.

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, there is a greater public interest in allowing Cabinet Ministers a private space within which issues can be explored and refined, until the Government as a whole can reach a decision that is sound and likely to be effective. This private thinking space also allows for all options to be properly considered, so that good decisions can be taken. Premature disclosure is likely to undermine the full and frank discussion of issues between Cabinet Ministers, which in turn will undermine the quality of the decision making process.

Paragraph 2.1 of the Scottish Ministerial Code provides that "the privacy of opinions expressed and advice offered within the Government should be maintained" at all times. Cabinet papers/agendas/minutes are essential elements which support and assist collective discussion in the private space which Ministers need to reach agreed positions.

The weekly meeting of the Scottish Cabinet is the highest decision-making forum within the Scottish Government, and it follows that all information considered by Cabinet must be handled with great care.

Properly functioning Cabinet processes are generally recognised to be of vital public interest: Cabinet government is based on the principle of collective responsibility, which the Scottish Ministerial Code defines in the following terms:

"The principle of collective responsibility requires that Ministers should be able to express their views frankly in the expectation that they can argue freely in private while maintaining a united front when decisions have been reached. This in turn requires that the privacy of opinions expressed and advice offered within the Government should be maintained. The internal processes through which a Government decision has been made should not normally be disclosed." (Scottish Ministerial Code, 2018 edition, paragraphs 2.1 and 2.4)

Cabinet papers are invariably produced on the assumption that they will not be disclosed until a significant amount of time has elapsed.

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 202400421478 - Information Released - Annex A and B

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50 page PDF

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