The resurfacing of A40 from Raglan to Abergavenny,

The request was partially successful.

Dear Welsh Government,

I am writing to make an open government request for all the
information to which I am entitled under the Freedom of Information
Act 2000.

Please send me recorded information, which includes information
held on computers, in emails and in printed or handwritten
documents as well as images, video and audio recordings.

If this request is too wide or unclear, and you require a
clarification, I would be grateful if you could contact me as I
understand that under the Act, you are required to advise and
assist requesters.(Section 16 / Regulation 9).

If my request is denied in whole or in part, I ask that you justify
all deletions by reference to specific exemptions of the act. I
will also expect you to release all non-exempt material. I reserve
the right to appeal your decision to withhold any information or to
charge excessive fees.

If any of this information is already in the public domain, please
can you direct me to it, with page references and URLs if
necessary.

If the release of any of this information is prohibited on the
grounds of breach of confidence, I ask that you supply me with
copies of the confidentiality agreement and remind you that
information should not be treated as confidential if such an
agreement has not been signed.

I would like the above information to be provided to me as
electronic copies, via WDTK

I understand that you are required to respond to my request within
the 20 working days after you receive this letter. I would be
grateful if you could confirm in writing that you have received
this request.

:::

The information required:

Request Title within scope.

1. Could you please tell me whether the work for resurfacing of the A 40 from Raglan to Abergavenny has been contracted.

2. If so, please could I read the contract.

3. Has the decision been made as to what sort of specific resurfacing will be done?

4. If so, what s the surface and when will work on applying this surface begin? And end?

5,. Are there any plans to replace the projected resurfacing with fences or trees?

6. Or carry out this fence/tree work - alongside the resurfacing?

7.. If so, can I read the plans, or contracts.

8. I would also like a copy of any public communications on the resurfacing of this particular stretch of road ( Raglan to Abergavenny, as stated ) made in the last five years.

Yours faithfully,

Jt Oakley

Welsh Government

1 Attachment

Please find attached an acknowledgement letter to your recent request for
information. Please direct any replies to [1]es&[email address] . 
 
Kind Regards
Amanda Thomas
Cydgysylltydd Rhyddid Gwybodeth / FOI Co-ordinator
Uned Busnes y Llywodraeth / Government Business Unit
Adran yr Economi, Gwyddoniaeth a Thrafnidiaeth/ Department for Economy,
Science and Transport
Llywodraeth Cymru / Welsh Government
QED Centre, Treforest, RCT, CF37 5YR
 
 
 
On leaving the Government Secure Intranet this email was certified virus
free. Communications via the GSi may be automatically logged, monitored
and/or recorded for legal purposes.
Wrth adael Mewnrwyd Ddiogel y Llywodraeth nid oedd unrhyw feirws yn
gysylltiedig â’r neges hon. Mae’n ddigon posibl y bydd unrhyw ohebiaeth
drwy’r GSi yn cael ei logio, ei monitro a/neu ei chofnodi yn awtomatig am
resymau cyfreithiol.

References

Visible links
1. mailto:es&[email address]

Dear Welsh Government,

Thank you.

In response to your question:

Any WG statements made for the consumption of the public on this stretch of road.

If the scope of this part of the request needs to be narrowed to comply with FOIA time constraints, please do so to three.... or two years.

Yours faithfully,

Jt Oakley

Dear Welsh Government,

Clarification of scope:

This request specifies all the A40 from Raglan to Abergavenny, from the A449 turn off to Monmouth - to the Hardwick roundabout, Abergavenny.

For the avoidance of doubt, this includes the A40 road past Raglan Castle.

As this is an FOIA request, please only reply to it via the address given - WDTK.

Yours faithfully,

Jt Oakley

Welsh Government

1 Attachment

Please find attached our response to your recent request for information.
Please direct any replies to [1]es&[email address] . 
 
Kind Regards
Amanda Thomas
Cydgysylltydd Rhyddid Gwybodeth / FOI Co-ordinator
Uned Busnes y Llywodraeth / Government Business Unit
Adran yr Economi, Gwyddoniaeth a Thrafnidiaeth/ Department for Economy,
Science and Transport
Llywodraeth Cymru / Welsh Government
QED Centre, Treforest, RCT, CF37 5YR
 
 
 
On leaving the Government Secure Intranet this email was certified virus
free. Communications via the GSi may be automatically logged, monitored
and/or recorded for legal purposes.
Wrth adael Mewnrwyd Ddiogel y Llywodraeth nid oedd unrhyw feirws yn
gysylltiedig â’r neges hon. Mae’n ddigon posibl y bydd unrhyw ohebiaeth
drwy’r GSi yn cael ei logio, ei monitro a/neu ei chofnodi yn awtomatig am
resymau cyfreithiol.

References

Visible links
1. mailto:es&[email address]

Jt Oakley left an annotation ()

Thank you,

Although your letter is helpful, please note the criteria of an FOIA request.

Please send me recorded information, which includes information
held on computers, in emails and in printed or handwritten
documents as well as images, video and audio recordings

Please respond accordingly - with FILE documents as per request title/summary scope.

My understating is that you are stating that there are no files whatsoever regarding the resurfacing for this stretch of road.
However, you have previously informed me that part of the road has been resurfaced.

'Raglan Castle is located adjacent to the section of A40 between the Roundabout and the A449 Interchange, which already has a modern low noise surface course and is unlikely to be adversely affected by any noise generated on the section of A40 that has a rigid concrete construction'.

Therefore there must be documents available on this contract, since this cannot have been achieved without one being in place.

In addition, both Am and MP are stating that communications in scope have been received from the Minister.

Are you therefore stating that they do not exist - and that both MP and AM are mistaken,or deliberately misinforming the public?

http://www.southwalesargus.co.uk/news/14...

If the past 5 year scope us too narrow, I am willing to extend it to the past 10 years.
Please advise under S16.

I will await your reponse before putting this into review.

From: Jt Oakley

8 March 2016

Dear Welsh Government,

I am writing to make an open government request for all the
information to which I am entitled under the Freedom of Information
Act 2000.

Please send me recorded information, which includes information
held on computers, in emails and in printed or handwritten
documents as well as images, video and audio recordings.

If this request is too wide or unclear, and you require a
clarification, I would be grateful if you could contact me as I
understand that under the Act, you are required to advise and
assist requesters.(Section 16 / Regulation 9).

If my request is denied in whole or in part, I ask that you justify
all deletions by reference to specific exemptions of the act. I
will also expect you to release all non-exempt material. I reserve
the right to appeal your decision to withhold any information or to
charge excessive fees.

If any of this information is already in the public domain, please
can you direct me to it, with page references and URLs if
necessary.

If the release of any of this information is prohibited on the
grounds of breach of confidence, I ask that you supply me with
copies of the confidentiality agreement and remind you that
information should not be treated as confidential if such an
agreement has not been signed.

I would like the above information to be provided to me as
electronic copies, via WDTK

I understand that you are required to respond to my request within
the 20 working days after you receive this letter. I would be
grateful if you could confirm in writing that you have received
this request.

:::

The information required:

Request Title within scope.

Past tense.....

1. Could you please tell me whether the work for resurfacing of the A 40 from Raglan to Abergavenny has been contracted.

2. If so, please could I read the contract.

Future tense......

3. Has the decision been made as to what sort of specific resurfacing will be done?

4. If so, what s the surface and when will work on applying this surface begin? And end?

Please refer to Argus article......

5,. Are there any plans to replace the projected resurfacing with fences or trees?

6. Or carry out this fence/tree work - alongside the resurfacing?

7.. If so, can I read the plans, or contracts.

This should be within scope already but it limits the time scope to five years - so that unecessary work does not have to be done.......

8. I would ALSO like a copy of any public communications on the resurfacing of this particular stretch of road ( Raglan to Abergavenny, as stated ) made in the last five years.

Yours faithfully,

Jt Oakley

Link to this

Dear Welsh Government,

Jt Oakley left an annotation (24 March 2016)

Thank you,

Although your letter is helpful, please note the criteria of an FOIA request.

Please send me recorded information, which includes information
held on computers, in emails and in printed or handwritten
documents as well as images, video and audio recordings

Please respond accordingly - with FILE documents as per request title/summary scope.

My understating is that you are stating that there are no files whatsoever regarding the resurfacing for this stretch of road.
However, you have previously informed me that part of the road has been resurfaced.

'Raglan Castle is located adjacent to the section of A40 between the Roundabout and the A449 Interchange, which already has a modern low noise surface course and is unlikely to be adversely affected by any noise generated on the section of A40 that has a rigid concrete construction'.

Therefore there must be documents available on this contract, since this cannot have been achieved without one being in place.

In addition, both Am and MP are stating that communications in scope have been received from the Minister.

Are you therefore stating that they do not exist - and that both MP and AM are mistaken,or deliberately misinforming the public?

http://www.southwalesargus.co.uk/news/14...

If the past 5 year scope us too narrow, I am willing to extend it to the past 10 years.
Please advise under S16.

I will await your reponse before putting this into review.

From: Jt Oakley

8 March 2016

Dear Welsh Government,

I am writing to make an open government request for all the
information to which I am entitled under the Freedom of Information
Act 2000.

Please send me recorded information, which includes information
held on computers, in emails and in printed or handwritten
documents as well as images, video and audio recordings.

If this request is too wide or unclear, and you require a
clarification, I would be grateful if you could contact me as I
understand that under the Act, you are required to advise and
assist requesters.(Section 16 / Regulation 9).

If my request is denied in whole or in part, I ask that you justify
all deletions by reference to specific exemptions of the act. I
will also expect you to release all non-exempt material. I reserve
the right to appeal your decision to withhold any information or to
charge excessive fees.

If any of this information is already in the public domain, please
can you direct me to it, with page references and URLs if
necessary.

If the release of any of this information is prohibited on the
grounds of breach of confidence, I ask that you supply me with
copies of the confidentiality agreement and remind you that
information should not be treated as confidential if such an
agreement has not been signed.

I would like the above information to be provided to me as
electronic copies, via WDTK

I understand that you are required to respond to my request within
the 20 working days after you receive this letter. I would be
grateful if you could confirm in writing that you have received
this request.

:::

The information required:

Request Title within scope.

Past tense.....

1. Could you please tell me whether the work for resurfacing of the A 40 from Raglan to Abergavenny has been contracted.

2. If so, please could I read the contract.

Future tense......

3. Has the decision been made as to what sort of specific resurfacing will be done?

4. If so, what s the surface and when will work on applying this surface begin? And end?

Please refer to Argus article......

5,. Are there any plans to replace the projected resurfacing with fences or trees?

6. Or carry out this fence/tree work - alongside the resurfacing?

7.. If so, can I read the plans, or contracts.

This should be within scope already - but it limits the time public communication scope to five years - so that unecessary work does not have to be done.......

8. I would ALSO like a copy of any public communications on the resurfacing of this particular stretch of road ( Raglan to Abergavenny, as stated ) made in the last five years.

Yours faithfully,

Jt Oakley

Link to this

Dear Welsh Government,

Review

The response is a letter and does not confirm to the FOIAct.

As my local MP and AM are stating they have received communications in the press,

http://www.southwalesargus.co.uk/news/14...

then these are clearly missing from the response and so is any internal email ( see also other FOIA criteria below) information supporting the government response to these public representatives - on the stretch of road, which should of been supplied within the Act.

Request Title/summary within scope.

I would remind you of the Act's criteria:

It is a response to an open government request for all the
information to which I am entitled under the Freedom of Information
Act 2000.

Please send me recorded information, which includes information
held on computers, in emails and in printed or handwritten
documents as well as images, video and audio recordings.

If this request is too wide or unclear, and you require a
clarification, I would be grateful if you could contact me as I
understand that under the Act, you are required to advise and
assist requesters.(Section 16 / Regulation 9).

If my request is denied in whole or in part, I ask that you justify
all deletions by reference to specific exemptions of the act. I
will also expect you to release all non-exempt material. I reserve
the right to appeal your decision to withhold any information or to
charge excessive fees.

If any of this information is already in the public domain, please
can you direct me to it, with page references and URLs if
necessary.

Please confirm or deny whether the requested information is held ( section (Section 1(1)(a) and consider whether information should be provided under section 1(1)(b), or whether it is subject to an exemption in Part II of the Act.

If the release of any of this information is prohibited on the
grounds of breach of confidence, I ask that you supply me with
copies of the confidentiality agreement and remind you that
information should not be treated as confidential if such an
agreement has not been signed.

I would like the above information to be provided to me as
electronic copies, via WDTK. The information should be immediately
readable - and not put in a PDF or any closed form, which some
readers may not be able to read.

I understand that you are required to respond to my request within
the 20 working days after you receive this letter. I would be
grateful if you could confirm in writing that you have received
this request.

Yours faithfully,

Jt Oakley

Welsh Government

1 Attachment

  • Attachment

    ATISN 10275 internal review J Oakley Resurfancing of A40 complaint acknowledgement letter.pdf

    104K Download View as HTML

Please find attached an acknowledgement for your recent request for a
review of ATISN 10275.
 
Kind regards
Gill
 
 
Gill Barker
Head of Government Business Drafting Team / Pennaeth Tîm Drafftio Busnes
y Llywodraeth
Department for Economy, Science and Transport / Adran yr Economi,
Gwyddoniaeth a Thrafnidiaeth
 
 
 
 
 
On leaving the Government Secure Intranet this email was certified virus
free. Communications via the GSi may be automatically logged, monitored
and/or recorded for legal purposes.
Wrth adael Mewnrwyd Ddiogel y Llywodraeth nid oedd unrhyw feirws yn
gysylltiedig â’r neges hon. Mae’n ddigon posibl y bydd unrhyw ohebiaeth
drwy’r GSi yn cael ei logio, ei monitro a/neu ei chofnodi yn awtomatig am
resymau cyfreithiol.

Welsh Government

1 Attachment

Please find attached a reply to your recent request for an internal
review.
 
Regards
 
Gill Barker
Head of Government Business Drafting Team / Pennaeth Tîm Drafftio Busnes
y Llywodraeth
Department for Economy, Science and Transport / Adran yr Economi,
Gwyddoniaeth a Thrafnidiaeth
 
 
On leaving the Government Secure Intranet this email was certified virus
free. Communications via the GSi may be automatically logged, monitored
and/or recorded for legal purposes.
Wrth adael Mewnrwyd Ddiogel y Llywodraeth nid oedd unrhyw feirws yn
gysylltiedig â’r neges hon. Mae’n ddigon posibl y bydd unrhyw ohebiaeth
drwy’r GSi yn cael ei logio, ei monitro a/neu ei chofnodi yn awtomatig am
resymau cyfreithiol.

Dear Welsh Government,

Thank you.

But the WG has replied to an FOIA request, which is, of course a response to a request for public information..available for all the public to read.

Do you post FOIA requests on your website otherwise, or I could post the concern passed to the ICO for you on WDTK?

The request number is: ATISN 10305 - 2016-04-13.

Yours faithfully,

Jt Oakley

Jt Oakley left an annotation ()

How odd.

It appears that the WG can confidently answer entire requests - without having a single piece of data on any sort of file which to base their responses.

And despite a plea to refer to this decision:

Please consider the ICO's Decision on the provision original documents on file, rather than newly written letters of response.

https://ico.org.uk/media/action-weve-tak...

Jt Oakley left an annotation ()

And it appears that noise measurements are taken 'annually' - but must be destroyed, as there is no record of them on file.

Good to know the WG can remember them all to make scientific comparisons.

http://gov.wales/docs/decisions/2016/tra...

Jt Oakley left an annotation ()

According to this reply, there has never been any groundwork done, there are no plans for resurfacing the A40 at all.

Yet:

'A Welsh Government spokesman said the resurfacing of the A40 at The Bryn is being considered for funding during the 2016/17 noise reduction programme and a decision will be made later this month' .

http://www.southwalesargus.co.uk/news/14...

So logically the decision is being made without any tests on decibels, road surface etc,...which either means the spokesman was misleading the public's MP and AM representatives, or 'consideration ' has nothing to do with with actual road.

::::

Dear Welsh Government,

Please note:

According to this reply, there has never been any groundwork done, there are no plans for resurfacing the A40 at all.

Yet:

'A Welsh Government spokesman said the resurfacing of the A40 at The Bryn is being considered for funding during the 2016/17 noise reduction programme and a decision will be made later this month' .

http://www.southwalesargus.co.uk/news/14...

So logically the decision is being made without any tests on decibels, road surface etc,...which either means the spokesman was misleading the public's MP and AM representatives, or 'consideration ' has nothing to do with with actual road.

:

Yours faithfully,

Jt Oakley

Jt Oakley left an annotation ()

Referred to the ICO

Please only reply by email to save postal visits and the environment.

1. Details of the organisation your concern is about
Organisation:    Welsh Government  
Contact name:  Gill Barker  /Simon Jones
Director, Transport

Address:   
GB : Head of Government Business Drafting Team / Pennaeth Tîm Drafftio Busnes
y Llywodraeth
Department for Economy, Science and Transport / Adran yr Economi,
Gwyddoniaeth a Thrafnidiaeth

EST FOI Team
Welsh Government Treforest – QED Centre Main Avenue
Treforest Industrial Estate Ponty pridd


Postcode:  CF37 5YR   
Telephone:   none given
  
Email:
freedomofinformationofficer@wales.gsi.gov.
 ES&T-FOI@wales.gsi.gov.uk
   
2. Your relationship with the organisation
     
Member of the public
3. What is your concern?

The resurfacing of A40 from Raglan to Abergavenny,'

https://www.whatdotheyknow.com/request/t...

The WG states: 'Sections of the A40 between Raglan and Abergavenny have been identified as Priority One Noise Action Plan areas and the initial design indicates that noise fencing would be the most appropriate form of mitigation.

Logically if the WG is 'about to make a decision' on the resurfacing of this road, then it must have amassed some information on which to make its 'initial design' ..therefore this must be on file.
This file information has not been provided.

You will note that criteria:

'Please send me recorded information, which includes information
held on computers, in emails and in printed or handwritten
documents as well as images, video and audio recordings'.

And that the title of the request is within scope - as well as the following specific questions on its current status.

Therefore all of the FOIA data described by the criteria above - on this stretch of road - should have been disclosed.

The alternative is that the WG makes decisions on resurfacing roads- via its road noise policies - without any research, or discussion and without consulting its 'Priority One Noise Action Plan'.

Something else. Please give details.
     
Please send us copies of relevant documents that support your concern.

https://www.whatdotheyknow.com/request/t...

4. What have you done to raise your concern with the organisation?

As above
     
Please send copies of any documents you have showing how you raised your concern with the organisation.
https://www.whatdotheyknow.com/request/t...

5. What did the organisation say?
It provided a letter, rather than any data on file, as per FoiAct.
The request appears to have been sent to the Transport Department to answer, which has sent a letter, without reference to the FOIA criteria.
If I'd wanted a letter of explanation, I'd have written directly to the transport department.
You will note that I specifically made the distinction clear:
'Please send me recorded information, which includes information
held on computers, in emails and in printed or handwritten
documents as well as images, video and audio recordings'.

     
Please send copies of any documents you have showing the organisation’s response to your concern.

https://www.whatdotheyknow.com/request/t...
6. Reference number

ATISN 10275

Please tell us any reference number that the organisation has given you, eg account number, policy number etc.

As above.

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