Transport Scotland - First Minister's visit to ScotRail: FOI release

Information requested

1. Please send all correspondence relating to today’s visit to ScotRail.

2. Please can you also confirm the following:
- If advice was given to Ministers regarding purdah or general election restrictions (in line with “Ministers will be advised accordingly throughout the pre-election period, supported by the Cabinet Secretariat”, https://www.gov.scot/publications/pre-election-period-advice-letter-to-the-first-minister/. If it was, please include this in above correspondence.

3. Can you confirm if the First Minister’s visit today was on Scottish Government business?

4. Can you confirm how many Scottish Government officials attended this visit?

5. Were there any SNP staff in attendance?

Response

Point 1 of your request

Whilst our aim is to provide information whenever possible, in this instance the costs of locating, retrieving and providing all the correspondence requested would exceed the upper cost limit of £600.

Under section 12 of FOISA public authorities are not required to comply with a request for information if the authority estimates that the cost of complying would exceed the upper cost limit, which is currently set at £600 by Regulations made under section 12. You may, however, wish to consider reducing the scope of your request in order that the costs can be brought below £600. You could reduce the scope of information you are seeking by narrowing down the request with a specific timeframe or a specific subject or business area.

You may also find it helpful to look at the Scottish Information Commissioner’s ‘Tips for requesting information under FOI and the EIRs’ on his website at: https://www.itspublicknowledge.info/how-do-i-ask. 

Point 2 of your request

I can confirm that advice was provided by officials to Ministers, after careful consideration of the pre-election guidance principles, confirming that the First Minister’s attendance at the official opening of the Levenmouth Rail Link was consistent with the guidance.

Transport is a devolved matter and the opening of the Levenmouth Rail Link did not raise any specific reserved or crossborder issues. The Scottish Government’s commitment to and investment in the route are well known and no new announcements were made. The launch event was planned well ahead of the UK Government calling the General Election on 22 May.

The official opening of the Levenmouth Rail Link was an essential business, improving connectivity for residents, visitors and businesses and encouraging the switch from car to rail travel to help Scotland reach net zero targets. Whilst our aim is to provide information whenever possible, in this instance we are unable to provide the information requested in point 2 of your request because an exemption under section 30(b)(ii) (the free and frank exchange of views for the purposes of deliberation) applies to it. The reasons for applying this exemption are set out below.

Paragraph 2.1 of the Scottish Ministerial Code provides that "the privacy of opinions expressed and advice offered within the Government should be maintained" at all times. Advice on the application of pre-election guidance is an essential element which supports and assists collective discussion in the private space which Ministers need to reach agreed positions.

Properly functioning decision-making processes within government are generally recognised to be of vital public interest: Cabinet government is based on the principle of collective responsibility, which the Scottish Ministerial Code defines in the following terms:

"The principle of collective responsibility requires that Ministers should be able to express their views frankly in the expectation that they can argue freely in private while maintaining a united front when decisions have been reached. This in turn requires that the privacy of opinions expressed and advice offered within the Government should be maintained. The internal processes through which a Government decision has been made should not normally be disclosed." 

(Scottish Ministerial Code, 2018 edition, paragraphs 2.1 and 2.4)

Advice on the conduct of government business during pre-election periods is invariably produced on the assumption that it will not be disclosed until a significant amount of time has elapsed. Section 30(b)(ii) (the free and frank exchange of views for the purposes of deliberation) recognises the need to allow officials and Ministers some private space for discussion. 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, transparent and accountable government, and to inform public debate. However, there is a greater public interest in maintaining the process of achieving collective responsibility within a private space within which policy positions can be explored and refined by Ministers in order that the Government, as a whole, can reach a final decision. This private thinking space also allows for all options to be properly considered, so that good policy decisions can be taken. Premature 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 policy-/decision-making process.

Point 3 of your request
The First Minster’s attendance of the opening of Levenmouth Railway was on official Scottish Government Business.

Point 4 of your request
23 Scottish Government officials attended the event. Officials attending the event were either supporting the First Minister and Cabinet Secretary, or directly involved in the delivery of the rail project which, due to its scale, required a significant effort of those involved.

Point 5 of your request
No SNP staff attended the event.

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.