Correspondence regarding rail services in Fife: FOI release

Information requested

For the period 1 April 2022 to 28 March 2023, please could you provide information / documents (…) in relation to the provision of passenger rail services to and from Fife:

1. A copy of the Performance Recovery Plan prepared by ScotRail and recently submitted to Transport Scotland and Scottish Rail Holdings.

2. Copies of correspondence between a) Transport Scotland and ScotRail and b) Transport Scotland and Scottish Rail Holdings relating to rolling stock, timetabling and stopping patterns of passenger rail services through Fife on the following routes:

• Edinburgh – Perth,
• Edinburgh – Dundee,
• Edinburgh – Cowdenbeath / Glenrothes with Thornton,
• Fife Circle, and
• Edinburgh – Aberdeen

3. Copies of internal communications between Transport Scotland and the Minister for Transport relating to passenger rail services on the 5 routes serving Fife.

Response

For the point 1 above

While our aim is to provide information whenever possible, in this instance the Scottish Government does not have the information you have requested.

The Performance Recovery Plan has not been provided to Transport Scotland.

With this in mind, I hereby provide you with formal notice under section 17(1) of FOISA that the Scottish Government does not have the information you have requested.

For the points 2 and 3 above

You can find information that falls in the scope of your request in the Annex A to this letter.

You will see that some of this information has been redacted in line with FOISA as per the below:-

Section 30(b)(i) - Substantial inhibition to free and frank provision of advice

An exemption under section 30(b)(i) of FOISA (free and frank provision of advice) applies to some of the information requested. This exemption applies because disclosure would, or would be likely to, inhibit substantially the free and frank exchange of advice. This exemption recognises the need for officials to have a private space within which to provide free and frank advice to colleagues within Scottish Government including Ministers.

Disclosing the content of free and frank exchange of advice regarding provision of rail services would inhibit the exchange of advice in future between officials, third parties and Ministers and this could negatively affect future decision making process. This exemption is subject to the ‘public interest test’.

Therefore, taking account of all the circumstances of this case, we have considered if the public interest in disclosing the information outweighs the public interest in applying the exemption. We have found that, on balance, the public interest lies in favour of upholding the exemption. We recognise there is a public interest in disclosing information as part of open, transparent and accountable government, and to inform public debate. However, there is a greater public interest in allowing a private space within which officials can exchange full and frank advice, as part of the process of exploring and refining the Government’s decision making process. This private space is essential to enable all options to be properly considered, based on the best available advice, so that good policy decisions can be taken. Disclosure is likely to undermine the full and frank discussion of issues between officials, third parties and Ministers, which in turn will undermine the quality of the decision making process, which would not be in the public interest.

Section 33(1)(b) - Substantial prejudice to commercial interests

An exemption under section 33(1)(b) of FOISA (Substantial prejudice to commercial interests) applies to some of the information included in the response.

This exemption applies because disclosure of this information would or would be likely to, prejudice substantially the commercial business of ScotRail. Releasing this information could hinder ScotRail from continuing to operate successfully in the commercial environment.

This exemption is subject to the ‘public interest test’. Therefore, taking account of all the circumstances of this case, we have considered if the public interest in disclosing the information outweighs the public interest in applying the exemption. We have found that, on balance, the public interest lies in favour of upholding the exemption. We recognise that there is a public interest in disclosing information as part of open and transparent government, and to help account for the expenditure of public money. However, there is a greater public interest in protecting the commercial interests of ScotRail to ensure a successful operating of the company in a commercial environment.

Section 38 (1) (b) – Third party and personal data

An exemption under section 38(1)(b) of FOISA (personal information) applies to some of the information requested because it is personal data of a third party, i.e. names and contact details of individuals and companies, and disclosing it would contravene the data protection principles in Article 5(1) of the General Data Protection Regulation and in section 34(1) of the Data Protection Act 2018.

This exemption is not subject to the ‘public interest test’, so we are not required to consider if the public interest in disclosing the information outweighs the public interest in applying the exemption.

The information that has been redacted has been clearly marked with the relevant exemption i.e. Section 30 (b)(i).

The remaining information that has been redacted is that which falls into the exemption of section 38 (1) (b) – third party personal data.

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at http://www.gov.scot/foi-responses.

202300349306_Annex_A

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32 page PDF

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