A96 corridor review: EIR release

Information requested

All correspondence regarding the dualling of the A96 since January 2024.

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.

Please refer to Annex A which contains extracts from briefings, emails, and minute of meeting sent to Ministers in relation to the A96 dualling from 1 January 2024 to 22 July 2024.

Please refer to Annex B which contains correspondence sent and received in relation to the A96 dualling from 1 January 2024 to 22 July 2024.

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 and/or affordability of the A96 dualling. 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 and/or affordability of the A96 dualling will be disclosed in the near 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.

Additionally, an exception under regulation 10(4)(d) of the EIRs (unfinished or incomplete information) applies to some of the information you have requested because it is material which is still in the course of completion. 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 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.

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 and B contained within this response.

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 and Annex B from the period from 2 April 2024 to 2 July 2024. 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 below relevant reference number:

• FOI 202400421478

Furthermore, information on the Initial Appraisal: The Case for Change Report and Stakeholder & Public Engagement Consultation Report are accessible via the links below:

Initial Appraisal: Case for Change - December 2022 - A96 Corridor Review | Transport Scotland

Stakeholder & Public Engagement Consultation Report - December 2022 - A96 Corridor Review | Transport Scotland

Further Information

Please see the following information regarding Annex B:

Although falling outwith the scope of your request, we have also included a request received on 20 December 2023. The response was issued from Transport Scotland officials on 12 January 2024.

Correspondence issued on 11 March 2024 from the Cabinet Secretary for Transport, Fiona Hyslop MSP in relation to the publication of Made Orders for the A96 Inverness to Nairn (incl. Nairn Bypass) scheme. The first was a template letter and was issued to the following constituency and regions MSPs:

• Karen Adam MSP – Banffshire and Buchan Coast
• Alexander Burnett MSP – Aberdeenshire West
• Jackie Dunbar MSP – Aberdeen Donside
• Fergus Ewing MSP – Inverness and Nairn
• Richard Lochhead MSP - Moray
• Gillian Martin MSP – Aberdeenshire East
• Audrey Nicoll MSP – Aberdeen South and North Kincardine
• Kevin Stewart MSP – Aberdeen Central
• Ariane Burgess MSP - Highlands and Islands
• Tim Eagle MSP - Aberdeenshire West
• Maggie Chapman MSP - North East Scotland
• Maurice Golden MSP - North East Scotland
• Rhoda Grant MSP - Highlands and Islands
• Jamie Halcro Johnston MSP - Highlands and Islands
• Liam Kerr MSP - North East Scotland
• Douglas Lumsden MSP - North East Scotland
• Michael Marra MSP - North East Scotland
• Edward Mountain MSP - Highlands and Islands
• Emma Roddick MSP - Highlands and Islands
• Douglas Ross MSP - Highlands and Islands
• Mercedes Villalba MSP - North East Scotland
• Tess White MSP - North East Scotland

Due to the size of the files we are unable to upload the documents referred to above.

If you wish to consider, please contact us at the address below and we will be happy to provide.

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.