Dear Sir/Madam

Internal review of Freedom of Information request - McGill's Bus Services Limited

Further to my email of Friday 23rd October 2009 I have now completed my review of our response to your request made under the Freedom of Information (Scotland) Act 2002 (FOISA) for details of fraudulent activity by McGill's Bus Services Limited. The outcome of this review is detailed below.

The specific information requested and any similar information is considered to be exempt from disclosure under Section 35(1)(a-c) (Law enforcement) and 36(1) (Confidentiality of communications) of the Freedom of Information (Scotland) Act 2002. It is considered that disclosure would, or would be likely to, prejudice substantially the prevention or detection of crime; the apprehension or prosecution of offenders; and the administration of justice. I do acknowledge that these exemptions should have been made clearer in the original response from Transport Scotland. Note that these principles apply to any request for information related to fraudulent activity. It should not be interpreted as either a confirmation or denial of any such activity on the part of the operator referred to above.

As the exemptions are 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 the information outweighs the exemption. We have found that, on balance, the public interest lies in favour of upholding the exemption. In all such cases there is an important public interest in the proper administration of justice.

If you are unhappy with the outcome of this review you have the right to appeal to the Scottish Information Commissioner about our decision within 6 months of receiving this letter. You can contact the Commissioner at:

Kinburn Castle

Doubledykes Road

St Andrews

Fife

KY16 9DS

Email: [email address]

Tel: 01334 464610

Yours sincerely

Steven McMahon

Economic Adviser

Transport Scotland

Strategy and Investment Directorate

Transport Economics Analysis and Research

0141 272 7568