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· FOI · not held

Queensferry Crossing post completion information: FOI release

Published
2017-12-20
Received
Responded
Directorate
Topic
Public sector
Exemptions
33(1), 17(1), 33, 6, 25(1)

Information requested

No request text extracted.

Response

1. (a & b) While our aim is to provide information whenever possible, your request for this information is refused under Freedom of Information (Scotland) Act 2002 (FOISA) Section 33(1) (b). This exemption applies because disclosure of this information would (or would be likely to) prejudice substantially and have a detrimental effect on the commercial interests of the contractors - Forth Crossing Bridge Constructors (FCBC).

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. We recognise that there is a public interest in disclosing information as part of open and transparent government, and to help account for the expenditure of public money. However, there is a greater public interest in protecting the commercial interests of companies which enter into Transport Scotland contracts, to ensure that we are always able to obtain the best value for public money.

2. While our aim is to provide information whenever possible, as this information is not held by Transport Scotland. This is a formal notice under section 17(1) of FOISA that Transport Scotland does not have the information you have requested.

At the Scottish Parliament Rural, Economy and Connectivity Committee on 31 May 2017, FRC Project Director, David Climie explained, in response to an enquiry from a Committee member that Transport Scotland does not typically put penalties in a contract – there are liquidated damages in a contract. If a project should overrun the agreed contractual date, there is a loss of benefit, referred to as liquidated damages. In not having the project delivered, we would assess what the liquidated damages would be. Notwithstanding this, as with any contract, there are also avenues for the contractor to apply for an extension of time if events occur for which they are not liable.

3. While our aim is to provide information whenever possible, your request for this information is refused under Freedom of Information (Scotland) Act 2002 (FOISA) Section 33(1) (b) – that disclosure of this information would (or would be likely to) prejudice substantially and have a detrimental effect on the commercial interests of the contractors - Forth Crossing Bridge Constructors (FCBC). 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. We recognise that there is a public interest in disclosing information as part of open and transparent government, and to help account for the expenditure of public money. However, there is a greater public interest in protecting the commercial interests of companies which enter into Transport Scotland contracts, to ensure that we are always able to obtain the best value for public money.

4. There are no Statutory utilities bodies connected to the Queensferry Crossing, ie, electric, gas, water or communications out with those used for the sole purpose of operating the Queensferry Crossing.

5. Traffic count data for the Queensferry Crossing from 30th August 2017 to 11 September 2017 is enclosed as an attachment to this response.

6. No data is available for the Forth Road Bridge for this period as the data collection site was faulty. This was repaired in February 2017. While our aim is to provide information whenever possible, as this information is not held by Transport Scotland. This is a formal notice under section 17(1) of FOISA that Transport Scotland does not have the information you have requested.

7. The numbers of vehicles each day on average which crossed the Forth Road Bridge in (a) June 2017, (b) July 2017 and (c) August 2017 are as follows:

June 2017 – 78,066 July 2017 – 76,513 August 2017 – 78,238

8. Traffic Scotland on behalf of Transport Scotland have been monitoring traffic volumes on the M90 after the initial events and these have returned to levels consistent with that of the Forth Road Bridge previously and are generally satisfied with how the Queensferry Crossing is performing.

Traffic Scotland will continue to monitor the performance of the roads approaching the Queensferry Crossing and the information gathered will assist in understanding traffic patterns as people get used to using the new bridge.

9. While our aim is to provide information whenever possible, your request for all of this information is refused under Section 33.1 (b) of the Freedom of Information (Scotland) Act 2002 (FOISA) as this information relates to a live and on-going contract and disclosure would (or would be likely to) prejudice substantially the commercial interests of the Contractor, Forth Crossing Bridge Constructors FCBC.

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. We recognise that there is a public interest in disclosing information as part of open and transparent government, and to help account for the expenditure of public money. However, there is a greater public interest in protecting the commercial interests of companies which enter into Transport Scotland contracts, to ensure that we are always able to obtain the best value for public money.

10 (a). While our aim is to provide information whenever possible, this information is not held by Transport Scotland. This is a formal notice under section 17(1) of FOISA that Transport Scotland does not have the information you have requested.

10 (b). While our aim is to provide information whenever possible, this information is not held by Transport Scotland. This is a formal notice under section 17(1) of FOISA that Transport Scotland does not have the information you have requested.

10 (c). This the information is contained within Section 6.3 of the Forth Replacement Crossing DMRB Stage 3 Scheme Assessment Report. Part 2: Engineering, Traffic and Economic Assessment which was published in 2009 - Scheme assessment report

Under section 25(1) of FOISA, we do not have to give you information which is already reasonably accessible to you. If, however, you do not have internet access to obtain this information from the website listed, then please contact me again and I will send you a paper copy.

One of the fundamental aims of the Forth Replacement Crossing Project is to maintain traffic capacity at 2006 levels and not to increase capacity except through public transport improvements. Traffic patterns have now returned to similar levels to those previously experienced on the Forth Road Bridge. These will of course continue to be monitored closely.

11. While our aim is to provide information whenever possible, this information is not held by Transport Scotland. This is a formal notice under section 17(1) of FOISA that Transport Scotland does not have the information you have requested.

12. While our aim is to provide information whenever possible, this information is not held by Transport Scotland. This is a formal notice under section 17(1) of FOISA that Transport Scotland does not have the information you have requested.

Detected exemption language

(a & b) While our aim is to provide information whenever possible, your request for this information is refused under Freedom of Information (Scotland) Act 2002 (FOISA) Section 33(1) (b). This exemption applies because disclosure of this information would (or would be likely to) prejudice substantially and have a detrimental effect on the commercial interests of the contractors - Forth Crossing Bridge Constructors (FCBC). 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.

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