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FOI/202300379411 · FOI/EIR · partially withheld

A9 Perth to Inverness dualling programme: EIR release

Published
2024-02-19
Received
2023-10-04
Responded
2023-11-01
Directorate
Topic
Public sector, Transport
Exemptions
20, 39(2), 11(2), 34(1)

Information requested

Alex Neil, former Infrastructure Minister, told Holyrood's Citizen Participation Committee today: "On 28 May 2012 I received a detailed memorandum addressed to me and Keith Brown, who was my deputy as the minister for housing and transport.

“Annex D gives the outline programme bit by bit for the completion of the A9.”

Luncarty to Birnam due to be finished 2019 Birnam to Ballinluig 2024 Pitlochry to Killiecrankie 2022 Killiecrankie to Glen Garry 2024 Glen Garry to Crubenmore 2024 Crubenmore to Kincraig 2025 Kincraig to Dalraddy 2017 Dalradie to Slochd 2025 Tomatin to Moy 2021

Please send me this memorandum from 28 May 2012.

Response

As all of 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.

In response to your request above, please refer to attached Annex A which contains the information requested.

An exception under regulation 11(2) of the EIRs (personal information) applies to some of the information requested because it is personal data of a third party and disclosing it would contravene the data protection principles in Article 5(1) of the General Data Protection Regulation and in section 34(1) of the Data Protection Act 2018. This exception 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 exception.

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at http://www.gov.scot/foi-responses.

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. An exception under regulation 11(2) of the EIRs (personal information) applies to some of the information requested because it is personal data of a third party and disclosing it would contravene the data protection principles in Article 5(1) of the General Data Protection Regulation and in section 34(1) of the Data Protection Act 2018.

Attachments

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