EIR/202500454231 · FOI/EIR · partially withheld
Defect data for the A78: EIR release
Information requested
I’m contacting you to obtain a freedom of information report, into know reported defects on the A78 road that maintained by Amey. Unfortunately my car has suffered pot hole damage on the same section of carriageway twice now in a two year period. Areas of concern I’m looking for reported defects is from Kilwinning heading south to Irvine & from Monkton heading north to the Dundonald slip road.
On 25 February you clarified that you would like the defect data to cover the "last 3 months minimum but six would be better back dated from present day."
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.
Please see Annex A to this response for a copy of all defects identified on the A78 between Kilwinning heading south to Irvine & from Monkton heading north to the Dundonald slip road for the period 25/08/2024 – 25/02/2025.
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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.