FOI/202500477494 · FOI/EIR · cost limit
Car congestion zones and charging ports: EIR release
Information requested
1. Could you supply all documentation held by Transport Scotland, including correspondence sent and received (including internal), minutes/notes from meetings, briefings, and analysis, about progress being made on reducing car kilometres driven by 20 per cent by 2030, from the last three months?
2. Could you supply all documentation held by Transport Scotland, including correspondence sent and received (including internal), minutes/notes from meetings, briefings, and analysis, about car congestion zones, from the last three months?
3. Could you supply all documentation held by Transport Scotland, including correspondence sent and received (including internal), minutes/notes from meetings, briefings, and analysis, about progress on installing 24,000 car charging ports by 2030?
Could you also figures for how many have been installed so far, broken down by year?
4. Could you supply all documentation held by Transport Scotland, including correspondence sent and received (including internal), minutes/notes from meetings, briefings, and analysis, about introducing an air departure tax, from the last three months?
5. Could you supply all documentation held by Transport Scotland, including correspondence sent and received (including internal), minutes/notes from meetings, briefings, and analysis, about ULEZ in Scotland, from the last three months?
Response
As the information you have requested for part one, two, three and five 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.
For parts one, two, three and five of this request, 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.
Part Four of the request has been responded to under the Freedom of Information (Scotland) Act 2002 (FOISA). ADT is a tax policy which sits within the Finance portfolio under the Cabinet Secretary for Finance. We have considered that this part of your request regarding ADT requests tax information rather than environmental information.
PART ONE
In terms of progress on the commitment to reduce car use by 20%, the Cabinet Secretary provided parliament with an update on this commitment in response to Parliamentary Question S6O-04409. Assessments of policies contained within the Climate Change Plan (update), including a 20% reduction in car km driven by 2030 are published annually. The latest publication dated 20 May 2025 is available at Climate Change Plan: monitoring report 2025 - gov.scot.
On 12 June 2025, the renewed policy statement on achieving car use reduction was published, which confirmed that the 20% reduction in car use by 2030 is no longer Scottish Government policy, stating: We will revise the existing car use reduction target, informed by the advice of the Climate Change Committee and other relevant evidence, to develop a new, longer-term target which will support our 2045 net zero target.
Searches have been conducted and extracts made from relevant documents that reference progress on reducing car kilometres driven by 20 per cent by 2030. These are largely in relation to the publication of the renewed policy statement of car use reduction. These extracts are available in ANNEX B of this response.
PART TWO
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 reason we have applied this exception is set out in ANNEX A of this response
PART THREE
For simplicity, for the second part of your request, please find below a table breaking down the total cumulative number of public charge points installed yearly from year end 2019 to year end 2024.
Year End Total Public Devices Change on Last Year (%) Change on Last Year (#) 2019 1,922 - - 2020 2,192 14.0% 270 2021 2,816 28.5% 624 2022 3,758 33.5% 942 2023 4,592 22.2% 834 2024 6,138 33.7% 1,546
Data source: Dft Electric vehicle charging infrastructure statistics - GOV.UK
For the first part of your request, while our aim is to provide information whenever possible, under the exception at regulation 10(4)(b) of the EIRs a public authority may refuse a request for information if it is ‘manifestly unreasonable’. The Scottish Information Commissioner’s guidance on the regulation 10(4)(b) exception at: http://www.itspublicknowledge.info/Law/EIRs/EIRsExceptions.aspx says that there may “be instances where it is appropriate for the Commissioner to consider the proportionality of the burden on the public authority in terms of the costs and resources involved in dealing with a request when considering the application of this exception”.
As the exception is conditional we have applied the ‘public interest test’. This means we have, in all circumstances of this case, considered if the public interest in disclosing 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.
The reasons we have applied this exception is explained in ANNEX A to this letter
PART FOUR
While our aim is to provide information whenever possible, in this instance we are unable to provide some of the information you have requested because exemptions under section 38(1)(b) (personal information) apply to that information. This exemption is not subject to the ‘public interest test’, so we are not required to consider if the public interest in disclosing the information outweighs the public interest in applying the exemption.
Exemption under sections 30(b)(i) and (ii), 33(1)(b) and 38(1)(b) of FOISA applies to some of the information you have requested.
Section 30(b)(i) and (ii) - free and frank provision of advice or exchange of views
We have also 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.
Section 33(1)(b) - information that would (or would be likely to) prejudice substantially the commercial interests of any person or organisation
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.
An exemption under section 29(1)(a) of FOISA (formulation or development of government policy) applies to some of the information requested.
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.
The reason why these exemptions apply are explained in ANNEX A below.
Searches have been made within Transport Scotland’s systems and information in scope relating to ADT extracted. These extracts are contained within ANNEX B to this response.
PART FIVE
While our aim is to provide information whenever possible, in this instance, under the exception at regulation 10(4)(b) of the EIRs a public authority may refuse a request for information if it is ‘manifestly unreasonable’.
The Scottish Information Commissioner’s guidance on the regulation 10(4)(b) exception at: http://www.itspublicknowledge.info/Law/EIRs/EIRsExceptions.aspx says that there may “be instances where it is appropriate for the Commissioner to consider the proportionality of the burden on the public authority in terms of the costs and resources involved in dealing with a request when considering the application of this exception”.
As the exception is conditional, we have applied the ‘public interest test’. This means we have, in all circumstances of this case, considered if the public interest in disclosing 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.
The reasons we have applied this exception is explained in ANNEX A to this letter
REASONS FOR NOT PROVIDING INFORMATION
Exceptions apply.
For part two of your request, regulation 6(1)(b) of the EIRs applies.
All of the information you have requested has been provided previously under part three of your previous request REF 202500475013 issued on 6th August that requested:
All documentation held about ‘the congestion charges’, including correspondence sent and received (including internal), briefings, minutes/notes from meetings and analysis, from the last three months.
Further searches were carried out to cover the additional timescale requested and the addition of “congestion zone”, however no additional information was identified.
I have included a copy of the information supplied previously for part three of EIR REF 202500475013, which will also be available in the coming days by searching the reference number at Publications - gov.scot
For part three and part five of your request, while our aim is to provide information whenever possible, under the exception at regulation 10(4)(b) of the EIRs a public authority may refuse a request for information if it is 'manifestly unreasonable'. The Scottish Information Commissioner's guidance on the regulation 10(4)(b) exception at: http://www.itspublicknowledge.info/Law/EIRs/EIRsExceptions.aspx says that there may “be instances where it is appropriate for the Commissioner to consider the proportionality of the burden on the public authority in terms of the costs and resources involved in dealing with a request when considering the application of this exception”. As the exception is conditional we have applied the 'public interest test'. This means we have, in all the circumstances of this case, considered if the public interest in disclosing information outweighs the public interest in applying the exception.
While we recognise that there may be some public interest in information about the Scottish Government’s commitment to “approximately 24,000 charge points by 2030”, this is outweighed by the public interest in ensuring the efficient and effective use of public resources by not incurring excessive costs when complying with information requests.
You may however wish to consider reducing the scope of your request in order to make it more manageable. You may also find it helpful to look at the Scottish Information Commissioner’s ‘Tips for requesting information under FOI and the EIRs’ on his website at: http://www.itspublicknowledge.info/YourRights/Tipsforrequesters.aspx.
For part five, while we recognise that there may be some public interest in “supplying all documentation held by Transport Scotland, including correspondence sent and received (including internal), minutes/notes from meetings, briefings, and analysis, about ULEZ in Scotland, from the last three months”, this is outweighed by the public interest in ensuring the efficient and effective use of public resources by not incurring excessive costs when complying with information requests.
You may however wish also to consider reducing the scope of this request in order to make it more manageable. You may also find it helpful to look at the Scottish Information Commissioner’s ‘Tips for requesting information under FOI and the EIRs’ on his website at: http://www.itspublicknowledge.info/YourRights/Tipsforrequesters.aspx.
Part 4 answered under Freedom of Information (Scotland) Act 2002 (FOISA). Exemptions apply
An exemption under section 38(1)(b) (Personal Information) of FOISA applies to some of the information you have requested. This has been applied to names, email addresses, contact numbers, pronouns and salutations where necessary. The exemption applies to all individuals named in the attached e-mail chains who are below Senior Civil Service grade in the Scottish Government. Section 38(1)(b) is being applied as disclosure of the information requested would contravene the data protection principles in Article 5(1) of the GDPR.
Section 30(b)(i) and (ii) - free and frank provision of advice or exchange of views
Information is exempt under section 30(b) if the disclosure would have an inhibiting effect on the provision of advice or on the exchange of views. Taking account of all the circumstances of this case, we have found on balance that there is a need to withhold some of the information under this exemption to allow free and frank views in relation to ADT.
Section 33(1)(b) - information that would (or would be likely to) prejudice substantially the commercial interests of any person or organisation
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 withholding this information as releasing this would, or would be likely to, prejudice substantially the commercial interests of the person or organisation mentioned.
An exemption under section 29(1)(a) of FOISA (formulation or development of government policy) applies to some of the information requested.
We recognise that there is a public interest in disclosing information as part of open, transparent and accountable government, and to inform public debate. However, there is a greater public interest in high quality policy and decision-making, and in the properly considered implementation and development of policies and decisions. This means that Ministers and officials need to be able to consider all available options and to debate those rigorously, to fully understand their possible implications. Their candour in doing so will be affected by their assessment of whether the discussions on ADT will be disclosed in the near future, when it may undermine or constrain the Government’s view on that policy while it is still under discussion and development.
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.
Detected exemption language
For parts one, two, three and five of this request, 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. Year End Total Public Devices Change on Last Year (%) Change on Last Year (#) 2019 1,922 - - 2020 2,192 14.0% 270 2021 2,816 28.5% 624 2022 3,758 33.5% 942 2023 4,592 22.2% 834 2024 6,138 33.7% 1,546 Data source: Dft Electric vehicle charging infrastructure statistics - GOV.UK For the first part of your request, while our aim is to provide information whenever possible, under the exception at regulation 10(4)(b) of the EIRs a public authority may refuse a request for information if it is ‘manifestly unreasonable’.