A Freedom of Information (FOI) request submitted recently by this paper, to the local authority, asked for the operational time of the lights; how much money they have cost; and if there was a document containing plans for the road.
The traffic management scheme is in place as a result of a damaged footpath just before the bridge over the Kirtle Water on the B721 to the east of the village of Rigg, near Gretna.
Responding to the FOI, the local authority confirmed the temporary traffic lights have been in operation since the week commencing February 28, 2023.
However, they declined to share information on how much it has cost so far to have the lights in place, citing commercial confidentiality.
Nor did officials want to give details on their specific repair plans for the area.
Their response stated: “An exception under Regulation 10(5)(e) (confidentiality of commercial or industrial information) applies to the information requested as disclosure would, or would be likely to, prejudice substantially the confidentiality of commercial or industrial information where such confidentiality is provided for by law to protect a legitimate economic interest.
The exception is subject to the public interest test, however, the FOI response added: “Taking account of all of 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 a public interest in disclosing information as part of open and transparent government. However, it is outweighed by the public interest in protecting the commercial interests of businesses.
“From a competitive perspective, the company providing the traffic management operates in a commercial environment and the release of this information would prove highly advantageous and beneficial to any competitor.”
Last month it was confirmed that repair plans were being finalised and it was anticipated works would commence in late April or early May.
On what those plans specifically are, the response said: “While our aim is to provide information whenever possible, in this instance we are unable to provide the design drawings as an exception under Regulation 10(4)(d) of the EIRs applies to the information you have requested as the request relates to material which is still in the course of completion as the design drawings are currently in draft format and being audited by the health and safety engineer.
“This exception is subject to the ‘public interest test’ in regulation 10(1). Therefore, taking account of all of 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 exceptions as we do not wish to publicly release information that may change once finalised.
“These will be available once the drawings have been approved and released as final. Timeline for this is anticipated to be prior to works commencing in the new financial year.”
