Trial removal of peak fares on ScotRail discussions: FOI release

Information requested

Any emails between civil servants at Transport Scotland and Ministers/Cabinet Secretaries and/or their private offices from 1st November 2023 to 1st March 2024 hat discuss the trial removal of peak fares on ScotRail trains.

Response

Please find attached to this letter Annex A, which contains the information you have requested.

While we aim to provide the information wherever possible, some of the information in the attached Annex Ahas been redacted or withheld 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 the ScotRail Peak Fares Removal Pilot. 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 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, 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 investigate the data 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 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(1)(a). 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.

FOI 202400402992 - Information released - Annex A

File type

12 page PDF

File size

183.2 kB