GLASGOW City Council has been ordered to reveal how many unpaid low emission zone (LEZ) fines it has pursued through enforcement agencies after a watchdog rejected claims the figures were commercially sensitive.
The local authority refused to disclose how many unpaid penalties had been passed to sheriff officers or enforcement agencies, arguing that releasing the information could damage its ability to recover debts.
However, the Scottish Information Commissioner has ruled that the council was wrong to withhold the figures and ordered their release by 5 November.
The decision follows an information request dating back to January this year, when a member of the public asked how many unpaid LEZ penalties had been pursued or recovered through enforcement action since the scheme began.
The zone became active June 1 2023. Credit: Aberdeen City Council
The applicant also requested a breakdown showing how many fines had been successfully recovered, how many remained outstanding and the total amounts involved.
But the council refused the request in February, claiming the information was commercially sensitive and that its release could prejudice the authority’s financial position in relation to debt recovery.
The decision was upheld following an internal review in March, prompting the applicant to take the case to Scotland’s information watchdog.
In a ruling issued on 21 September, the Commissioner rejected the council’s argument, finding that the figures related to its financial interests rather than commercial activities.
The watchdog said that although unpaid penalties could affect the council’s finances, this did not automatically make information about their recovery commercially confidential.
The Commissioner also rejected the council’s claim that a legally binding duty of confidentiality applied to the figures.
The ruling found that the authority had failed to demonstrate a sufficient legal basis for withholding the information under the Environmental Information (Scotland) Regulations 2004.
The council had argued that protecting its ability to recover unpaid penalties was important to the operation of the LEZ scheme, which was introduced to reduce harmful vehicle emissions in Glasgow city centre.
It said revenue from penalties helped cover the scheme’s running costs, with surplus funds supporting environmental and community projects.
However, the Commissioner concluded that the public interest in revealing the figures would outweigh the arguments for keeping them confidential, even if the exemption had applied.
The watchdog highlighted the importance of allowing the public to establish whether LEZ penalties were being effectively enforced, given the considerable debate surrounding the scheme.
It also suggested that the council could publish an explanation alongside the figures if it was concerned their release might discourage motorists from paying fines.
The ruling stated that the council was not entitled to withhold the information under the commercial confidentiality exception and had failed to comply with its legal obligations to provide environmental information.
Glasgow City Council must now disclose the figures to the original applicant by 5 November 2026.
The decision does not reveal how many fines remain unpaid or the amount of money involved.
A Glasgow City Council spokesperson said: “We can confirm we have recently received the decision and are reviewing it.”
The council has the right to appeal the ruling to the Court of Session on a point of law within 42 days of being notified of the decision.
Iona Craig has an NCTJ from Glasgow Clyde, PhD in English Research from University of Strathclyde and a Masters Distinction in History from the University of Stirling. Currently working as a Journalist intern at Deadline News.
Related