202300345993 · FOI/EIR · partially withheld
Safety inspection of Kingston Bridge M8: EIR release
Information requested
I am currently in dialogue with Amey OW Ltd, regarding damage sustained to my vehicle whilst driving on the Kingston Bridge M8, Westbound on 2/11/22 around 19:00.
As part of the investigation into the damage of my vehicle, Amey has stated that an inspection of that section of the M8 was undertaken on the 31/10/22 and no noticeable defects were noted or identified. This is their rationale for releasing them of any negligence in this case.
I have since contacted Amey asking for evidence that the inspection was carried out on 31/10/22.
Unfortunately they are unable to provide said information and have instructed me to contact Transport Scotland to receive this evidence.
I am now submitting to you a Freedom of Information request to obtain a copy or proof that the identified inspection did take place at the date and place specified.
The information I request is:
A copy of any inspection paperwork for the Kingston Bridge, M8 Westbound from 31/10/22-2/11/22 Confirmation that the inspection specified in Amey's response did in fact take place.
As 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 yourrequest 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.
Response
Please see Annex A and B to this response for copies of the inspection paperwork which also confirms a safety inspection was carried out on 31 October 2022.
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.
Detected exemption language
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.