EIR/202500479050 · FOI/EIR · not held
Correspondence regarding the A9 Dualling Project and Impact Reports: EIR release
Information requested
1. A record of all meeting requests from Members of the Scottish Parliament (MSPs) to Transport Scotland on the topic of the A9 Dualling Project, and subsequent Impact Reports and consultations since May 1st, 2021.
I'd like to know the date of each request with the name of each MSP who made such a request, as well as information on whether each request was accepted or rejected by Transport Scotland.
2. A record of all meeting requests from Members of the Scottish Parliament (MSPs) to Transport Scotland on the topic of the A96 Dualling Project, and subsequent Impact Reports and consultations since May 1st, 2021.
I'd like to know the date of each request with the name of each MSP who made such a request, as well as information on whether each request was accepted or rejected by Transport Scotland.
3. A record of all meeting requests from Members of the Scottish Parliament (MSPs) to Transport Scotland on the topic of the Nairn Bypass and subsequent Impact Reports and consultations since May 1st, 2021.
I'd like to know the date of each request with the name of each MSP who made such a request, as well as information on whether each request was accepted or rejected by Transport Scotland.
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.
1. A record of all meeting requests from Members of the Scottish Parliament (MSPs) to Transport Scotland on the topic of the A9 Dualling Project and subsequent Impact Reports and consultations since May 1st, 2021. I'd like to know the date of each request with the name of each MSP who made such a request, as well as information on whether each request was accepted or rejected by Transport Scotland.
Date of Request MSP Requesting Request Response 27 January 2022 Fergus Ewing MSP Rejected 5 April 2023 John Swinney MSP Accepted 30 June 2023 John Swinney MSP Accepted 27 May 2025 John Swinney MSP Rejected 16 July 2025 John Swinney MSP Accepted
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. The impact reports and consultations for the A9 Dualling Programme are available on the Transport Scotland website.
A9 Dualling Perth to Inverness
2. A record of all meeting requests from Members of the Scottish Parliament (MSPs) to Transport Scotland on the topic of the A96 Dualling Project [Programme], and subsequent Impact Reports and consultations since May 1st, 2021. I'd like to know the date of each request with the name of each MSP who made such a request, as well as information on whether each request was accepted or rejected by Transport Scotland.
While our aim is to provide information whenever possible, in this instance Transport Scotland does not have the information you have requested. 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. Transport Scotland does not have the information you have requested because no meeting requests have been received from MSPs to Transport Scotland on the topic of the A96 Dualling since 1 May 2021.
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 the requested information, clearly, we cannot provide information which we do not hold.
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. The impact reports and consultations for the A96 Dualling Programme are available on the Transport Scotland website.
A96 Dualling Inverness to Aberdeen | Transport Scotland
3. A record of all meeting requests from Members of the Scottish Parliament (MSPs) to Transport Scotland on the topic of the Nairn Bypass and subsequent Impact Reports and consultations since May 1st, 2021. I'd like to know the date of each request with the name of each MSP who made such a request, as well as information on whether each request was accepted or rejected by Transport Scotland.
While our aim is to provide information whenever possible, in this instance Transport Scotland does not have the information you have requested. 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. Transport Scotland does not have the information you have requested because no meeting requests have been received from MSPs to Transport Scotland on the topic of the Nairn Bypass since 1 May 2021.
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 the requested information, clearly, we cannot provide information which we do not hold. 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. The impact reports and consultations for the A96 Dualling Inverness to Nairn (including Nairn Bypass) are available on the Transport Scotland website.
A96 Inverness to Nairn including Nairn Bypass | Transport Scotland
About FOI
The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at https://www.gov.scot/foi-responses.
Contact Please quote the FOI reference Central Correspondence Unit Email: contactus@gov.scot Phone: 0300 244 4000 The Scottish Government St Andrew's 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. 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.
Attachments
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