Possible Bonnybridge Railway Station

Mark made this Freedom of Information request to Transport Scotland

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

The request was successful.

Dear Transport Scotland,

Could you please furnish me with details of all correspondence
between :-

(I.)Keith Brown, MSP (Clackmannanshire & Dunblane Constituency) and Transport Scotland regarding a possible new rail station at Bonnybridge, Falkirk District.

(II.) Michael Matheson, MSP (Falkirk West Constituency) and
Transport Scotland regarding a possible new rail station at
Bonnybridge, Falkirk District.

Dates from August 01, 2012 through to December 31, 2012 please.

Yours faithfully,

Mark Shanks

Transport Scotland

 Your e-mail will now be forwarded to the appropriate person within the
agency for them to take any action. If a response is required this will be
given within 20 working days.

Thank you.

Transport Scotland:

0141 272 7100

show quoted sections

 

show quoted sections

Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.

Transport Scotland

Dear Mr Shanks

Thank you for your request dated 11 January 2013 under the Freedom of
Information (Scotland) Act 2002 (FOISA) for details of all correspondence
between:-

·       Keith Brown, MSP (Clackmannanshire & Dunblane Constituency) and
Transport Scotland regarding a possible new rail station at Bonnybridge,
Falkirk District; and

·       Michael Matheson, MSP (Falkirk West Constituency) and Transport
Scotland regarding a possible new rail station at Bonnybridge, Falkirk
District.

You have requested this information for the period from 01 August 2012 to
31 December 2012.

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. 

As the exemption is 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 under
FOISA 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.

We received your request on 11 January 2013 and will respond in accordance
with the EIRs by 08 February 2013.

If you have any queries, please contact me quoting case number
FOI/13/000025.

Regards

Rose Tweedale

Rail Policy Officer

Rail Policy Team

Transport Scotland

Buchanan House

0141 272 7553

show quoted sections

Transport Scotland

Dear Mr Shanks

Thank you for your request dated 11 January 2013 under the Freedom of
Information (Scotland) Act 2002 (FOISA) for details of all correspondence
between:-

·       Keith Brown, MSP (Clackmannanshire & Dunblane Constituency) and
Transport Scotland regarding a possible new rail station at Bonnybridge,
Falkirk District; and

·       Michael Matheson, MSP (Falkirk West Constituency) and Transport
Scotland regarding a possible new rail station at Bonnybridge, Falkirk
District.

You have requested this information for the period from 01 August 2012 to
31 December 2012.

Environmental Information

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. 

As the exemption is 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 under
FOISA 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.

Exception 10(4)(a)

Following a search of our paper and electronic records, I have established
that the information you require is not held by the Scottish Government. 
For that reason we are refusing your request under the exception at
regulation 10(4)(a) of the EIRs.

As the exception is conditional we are required to apply the ‘public
interest test’.  This means we have, in all the circumstances of this
case, considered if the public interest in disclosing 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.  While we recognise that there may be some public interest in
information about correspondence between Keith Brown MSP and Transport
Scotland and Michael Matheson MSP and Transport Scotland regarding
Bonnybridge Station, clearly we cannot provide information which we do not
hold.

Review Request

I am sorry we are unable to assist with your enquiry.  If you are unhappy
with this response to your request, you may ask us to carry out an
internal review, by writing to David Middleton, Chief Executive of
Transport Scotland, at Buchanan House, 58 Port Dundas Road, Glasgow, G4
0HF

Your request should explain why you wish a review to be carried out, and
should be made within 40 working days of receipt of this letter, and we
will reply within 20 working days of receipt.  If you are not satisfied
with the result of the review, you then have the right to make a formal
complaint to the Scottish Information Commissioner.

Regards

Rose Tweedale

Rail Policy Officer
Rail Policy Team

Transport Scotland

Buchanan House

0141 272 7553

show quoted sections

 

show quoted sections

Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.

Dear Transport Scotland,

The same question had been asked previously on various dates on a number of occasions by me to your predecessor and had been fully answered.

Can you tell me why all of a sudden the question is "not in the public interest" and the information "is not held" by a Scottish Government agency when it clearly was before on both accounts?

It seems to me that 7,500 people living in Bonnybridge have fallen under the "not in the public interest" category.

This must be the new SNP's "open, transparent Government" they were talking about not so long ago.

Yours faithfully,

Mark Shanks

Transport Scotland

I will be out of the office until Monday, 11 February 2013.

My emails will not be read in my absence.

If you have an urgent enquiry, please contact John Maxwell on 0141 272
7589.

Thanks.

Rose

show quoted sections

 

show quoted sections

Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.

Transport Scotland

Dear Mr Shanks

Thank you for your email.

It may be helpful if I clarify that the email is stating that I have
searched our systems and have found no correspondence between:

·       Keith Brown, MSP (Clackmannanshire & Dunblane Constituency) and
Transport Scotland regarding a possible new rail station at Bonnybridge,
Falkirk District; and

   

·       Michael Matheson, MSP (Falkirk West Constituency) and Transport
Scotland regarding a possible new rail station at Bonnybridge, Falkirk
District.

Therefore, there was no information to disclose.

The public interest test has to be applied as we are required to treat
your request under the Environmental Information (Scotland) Regulations
2004 rather than the  Freedom of Information (Scotland) Act 2002.  We have
applied the exemption so that we do not have to deal with the request
twice but this is a technical point and has no material affect on the
outcome of your request.

I hope this helps.

Regards

Rose Tweedale

Rail Policy Officer

Rail Policy Team

Transport Scotland

Buchanan House

0141 272 7553

show quoted sections