· FOI/EIR · partially withheld
Management of the M77 and A77: EIR release
Information requested
Records of monitoring inspections (and findings) in connection with term contracts for the management and maintenance of the roadway of M77 motorway and A77 (Fenwick to Kilmarnock (bellfield interchange) ) since 1/12/2017 ito present in connection with the aforesaid roads maintained by balfour beatty connect M77 GSO contract and Scotland Transerv.
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 your request.
As you may be aware, the M77 from Junction 1 to Maidenhill Farm (North of Junction 5) and the A77 are the responsibility of Scotland TranServ. Please refer to Annex A which is the inspection defect report for the section of road requested. This report includes the dates of inspections including safety patrols and details of defects.
Connect M77/GSO plc. (Connect Roads) is the DBFO company responsible for the M77/GSO DBFO project, which includes the operation and maintenance of the M77 between Junction 5 and 8, and a short length of the A77 between the end of the M77 at Fenwick and the junction with the B7038 near Meiklewood. Please see attached Annex B which is details of defects discovered by Connect for the section of road requested. Annex C details the inspections undertaken.
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.