Publication - FOI/EIR release

Information relating to alcohol ban on trains: FOI release

Published: 28 May 2024
Topic: Public sector, Transport
FOI reference: FOI/202400396620
Date received: 1 February 2024
Date responded: 28 February 2024

Information request and response under the Freedom of Information (Scotland) Act 2002

Information requested

All advice prepared for ministers about the alcohol ban on trains, including correspondence sent from organisations about the ban, including BTP, ScotRail, Transport Scotland, between September 1 2023 and the date of this FOI?
How much money has ScotRail lost out on through not selling alcohol on trains? Breakdown of costs.
All evaluations written about the peak times fare removal and correspondence/briefings about whether it should go ahead?
All correspondence with Scottish Greens about ScotRail between August 1 2023 and the date of this FOI?

Response

Please find attached in this letter Annex A, B and C which contain the material requested in questions 1, 3 and 4 respectively.

Question 2 of your request:

While we aim to provide the information wherever possible, this information has been withheld under Section 33 (1)(b).

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 requested.

This exemption applies because disclosure of this particular information would, or would be likely to, prejudice substantially the commercial interest of third parties.

While we aim to provide the information wherever possible, some of the information in the attached Annexes has been redacted in line with the following FOISA exemptions:

Section 29(1)(a) – formulation or development of government policy.

This exemption applies to some of the information you have requested because it relates to the formulation and development of the Government’s policy on ScotRail alcohol ban and ScotRail Peak Fares Removal Pilot implementation.

We recognise that 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 high quality policy and decision-making, and in the properly considered implementation and development of policies and decisions. This means that Ministers and officials need to be able to consider all available options and to debate those rigorously, to fully understand their possible implications. Their candour in doing so will be affected by their assessment of whether the discussions on any future policy will be disclosed, which may undermine or constrain the Government’s future view on this or any future policy while it is still under discussion or development.

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 and receive free and frank advice to colleagues within Scottish Government and to Ministers. Disclosing the content of free and frank exchange of advice would inhibit the exchange of advice in future between officials and between officials and Ministers.

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 and Ministers, which in turn, will undermine the quality of the decision making process, which would not be in the public interest.

Section 38(1)(b) – Personal data of a third party

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 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 29, 30, 33(1)(b). The remaining information that has been redacted is that which falls into the exemption of section 38 (1) (b) – third party 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.