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FOI/202100224562 · FOI/EIR · not held

Payments made to Jacobs and BEAR Scotland: EIR release

Published
2021-08-13
Received
2021-07-19
Responded
2021-08-10
Directorate
Topic
Money and tax, Public sector, Transport
Exemptions
20, 39(2), 10(4)

Information requested

1. Any documentation, correspondence, notes, emails etc within Transport Scotland and with any external individuals organisations about the compulsory purchase of any land within Glen Croe including the Old Military road. 2. Details of any payments made to Jacobs, or companies in which they are a significant shareholder, and the services which those payments relate to. On 20 July you clarified that you wished "information on all payments made to Jacobs." On 26 July you further clarified that you would like "information separately for all of the Jacobs variations you list. Appreciate you don't have shareholding information but I understand Jacobs have a major interest in Bear Scotland so please include that company."

Response

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 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 you request. Please see the table below response for details of payments made to Jacobs and BEAR between the financial years 2016/17 until 2020/21:

Jacobs Engineering UK Limited Jacobs UK Limited Jacobs Consultancy UK Ltd Bear Scotland Limited (CIS only) Total £433,973.06 £109,330,548.10 £176,443.85 £506,098,365.61 £616,039,330.61

These payments are for the following services: Capital Works Roads Improvements Routine and Winter Maintenance Network Strengthening Major Public Transport Projects Rail Franchise Under the terms of the exception at regulation 10(4)(a) of the EIRs (information not held), Transport Scotland is not required to provide information which it does not have. We do not have the information you have requested as no CPO process was required to purchase land in Glen Croe, including the Old Military Road. 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. While we recognise that there may be some public interest in information about Compulsory Purchase Orders, 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.

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

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. Please see the table below response for details of payments made to Jacobs and BEAR between the financial years 2016/17 until 2020/21: Jacobs Engineering UK Limited Jacobs UK Limited Jacobs Consultancy UK Ltd Bear Scotland Limited (CIS only) Total £433,973.06 £109,330,548.10 £176,443.85 £506,098,365.61 £616,039,330.61 These payments are for the following services: Capital Works Roads Improvements Routine and Winter Maintenance Network Strengthening Major Public Transport Projects Rail Franchise Under the terms of the exception at regulation 10(4)(a) of the EIRs (information not held), Transport Scotland is not required to provide information which it does not have.

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