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Publication - FOI / EIR Release

Implementation of Low Emission Zone: EIR release

Published: 10 Apr 2018

Information request and response under the Environmental Information (Scotland) Regulations 2004.

FOI reference: FOI/18/00047
Date received: 8 January 2018
Date responded: 3 April 2018

Information requested

1. Information sent to local authorities, namely, Glasgow City Council, Edinburgh City Council, Dundee City Council and Aberdeen City Council regarding the implementation of Low Emission Zone,

2. An outline to councils detailing the funding allocation to implement these zones,

3. Email correspondence between Transport Scotland officials and local authorities discussing Low Emission Zones.'

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 indealing 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. I enclose a copy of some of the information you requested under points 1 and 3 of your request in PDF format.

2. An exception under Regulation 11(2) of the EIRs (personal information) applies to some the information requested because it is personal data of a third party and disclosing it would contravene the data protection principles in Schedule 1 to the Data Protection Act 1998.

3. While our aim is to provide information whenever possible, in this instance we are unable to provide any of the information you have requested under point 2 of your query and some of the information requested under point 1 and 3 because an exception under Regulation 10(4)(d) (Material in the course of completion, unfinished documents, or incomplete data) of the EIRs applies to that information.

4. The reasons why the exceptions apply are explained below.

Reasons for not providing information

Exceptions apply.

Reg 10(4)(d).

An exception under Regulation 10(4)(d) (Material in the course of completion, unfinished documents, or incomplete data) of the EIRs applies to some the information you have requested.

In relation to point 2 of your query; the mechanism for distributing funding for Low Emission Zones to Local Authorities is currently being worked on by Transport Scotland and has not yet been completed.

Additionally some information requested under point 1 and 3 is being used in the formulation of policy and is therefore incomplete or in draft version.

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. We recognise that there is some public interest in release as part of an open, transparent and accountable government and to inform public debate. However, there is greater public interest in high quality policy and decision-making and in the properly considered implementation and development of policies and decisions.

Reg 11(2).

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 Schedule 1 to the Data Protection Act 1998.

Personal data such as names, email addresses and telephone numbers of third parties have not been disclosed.

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

FOI18-00047 - related documents.pdf

88 page PDF
1.4MB

Contact

Please quote the FOI reference

Central Enquiry Unit
Email: ceu@gov.scot
Phone: 0300 244 4000

The Scottish Government
St Andrew's House
Regent Road
Edinburgh
EH1 3DG

Published:
10 Apr 2018
Implementation of Low Emission Zone: EIR release