Dear Falkirk Council,
Could you please furnish me with details of all correspondence between:-
(I.)Keith Brown, MSP (Clackmannanshire & Dunblane) and Falkirk Council regarding a possible rail station at Bonnybridge.
(II.) Michael Matheson, MSP (Falkirk West) and Falkirk Council regarding a possible rail station at Bonnybridge.
Dates from January 1, 2011 through to current date please.
Dear Mr Shanks
Freedom of Information (Scotland) Act 2002 Request Environmental
Information (Scotland) Regulations 2004
I refer to your email dated 20 June 2011. This requests information under
the Freedom of Information (Scotland) Act 2002 (FOI Act).
I have considered your request under the FOI Act. Under section 39(2)(a)
of the FOI Act, information is exempt from disclosure if a Scottish Public
Authority is obliged to release that information under the Environmental
Information (Scotland) Regulations 2004 (the EIRs). The EIRs set out a
separate regime for access by the public to environmental information, and
the Scottish Information Commissioner encourages authorities to deal with
requests for environmental information under the EIRs rather than the FOI
Act. I consider that your request as it relates to [e.g. land, water,
planning matters] is a request for environmental information.
The section 39(2)(a) exemption under the FOI Act is not an absolute one
but is subject to the public interest test. In other words, even though
the exemption is available to the Council, it still has to consider
whether there is a greater public interest in not applying the exemption
and releasing the requested information under the FOI Act. As there is a
separate statutory right of access to environmental information, then in
my view the public interest in maintaining the exemption and allowing
access in line with the requirements of the EIRs outweighs the public
interest in disclosure of the information under the FOI Act.
I appreciate that from your point of view this is a technical distinction
and certainly the interaction between the FOI Act and the EIRs is
complicated. However, the end result is that, although I am refusing your
request under the FOI Act, I am dealing with it under the EIRs.
In relation to your request for details of all correspondence from January
1, 2011 through to current date between Keith Brown, MSP (Clackmannanshire
& Dunblane); and Michael Matheson, MSP (Falkirk West) and Falkirk Council
regarding a possible rail station at Bonnybridge we have checked our files
and have no correspondence.
Please refer to the enclosed leaflet which explains your right to complain
about the handling of your case and/or the decision made.
Acting Transport Planning Manager
Transport Planning Unit
Tel: 01324 504820
Fax: 01324 504914
Dear Julie Cole,
Thank You for the information enclosed.
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