Passenger services on the Alloa-Dunfermline rail line: EIR release

Information requested

Studies, reports and internal planning documents held by the Scottish Government, relating to the possible restoration of passenger services on the Alloa-Dunfermline rail line - date range from 2010-2024.

Response

As the information you have requested is ‘environmental information’ for the purposes of the Environmental Information (Scotland) Regulations 2004 (EIRs), we are required to deal with your request under those Regulations.

We are applying the exemption at section 39(2) of the Freedom of Information (Scotland) Act 2002 (FOISA), so that we do not also have to deal with your request under FOISA. 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, because there is no public interest in dealing with the same request under two different regimes. This is essentially a technical point and has no material effect on the outcome of your request.

We enclose Annex A, which includes copies of documents you requested.

The reopening of the Alloa to Dunfermline line for rail passenger services was appraised as part of the second Strategic Transport Projects Review (STPR2), which final recommendations were published in December 2022. The transport appraisal process that supported the review extended over a period from 2019 to 2022 and was undertaken in stages as outlined in the Scottish Transport Appraisal Guidance. Noted below are the relevant or related publications that set-out those steps and the evidence of the transport challenges, opportunities and option development process. However, the option to re-establish passenger services was not included in the final STPR2 recommendation after careful consideration of the relevant evidence.

The initial-appraisal-case-for-change-edinburgh-and-south-east-scotland-region-report.pdf (transport.gov.scot) contains details of the transport problems and opportunities that helped develop the specific regional transport planning objectives which included the area of west Fife.

This document forms part of the long-list of options that were “sifted in” for further consideration national-case-for-change-report-appendix-e-options-sifted-in-for-further-consideration-through-stpr2.pdf (transport.gov.scot). Options Edin 1011 and FV (Forth Valley) 1462 are noted as the establishment of passenger services between Alloa and Dunfermline.

The final-technical-report-28-december-2022-stpr2.pdf (transport.gov.scot) and detailed-appraisal-summary-table-edinburgh-and-south-east-scotland.pdf (transport.gov.scot), confirms the transport appraisal process and that the Alloa – Dunfermline rail option does not form part of the final 45 STPR2 Recommendations.

Whilst our aim is to provide information whenever possible, in this instance we are unable to provide some of the information in Annex A because exceptions under Regulation 10(5)(f), Regulation 11(2) and Reg 10(4)(d), apply to that information. The reasons why these exceptions apply are explained below:-

Regulation 10(5)(f): Third party interests

This exception applies to some of the information because disclosure of this particular information would, or would be likely to prejudice substantially the confidentiality of commercial information provided by Aecom Jacobs and thus cause substantial harm to its interests. Specifically, disclosing this information would, or would be likely to, give Aecon Jacobs’ competitors an advantage, as it contains both confidential and potentially price sensitive information, and so could significantly harm its activities on an open market.

This exception 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 exception. We have found that, on balance, the public interest lies in favour of upholding the exception. 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 funds. However, there is a greater public interest in protecting interests of businesses involved in Scottish Government’s activities, to allow for third parties to share information with the Scottish Government freely and with confidence, so the Scottish Government has reliable information, which enables it to make good policy decisions, therefore the exception applies.

Regulation 10(4)(d) - Material in the course of completion, unfinished documents, or incomplete data

The exception under Regulation 10(4)(d) applies to some information which has been withheld in full. This is because the document in question, is unfinished.

This exception 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 exception. We have found that, on balance, the public interest lies in favour of upholding the exception. Whilst we recognise that there may be some public interest in providing the information, as part of open and transparent government, however we cannot provide information which is not finalised, as it could mislead the public. With this in mind, the public interest is better served by withholding this information.

Regulation 11(2) – Personal data relating to third party

An exception under regulation 11(2), Personal information of the EIRs 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 exception 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 exception.

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.

EIR 202400417712 - Information released - Annex A

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7 page PDF

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726.7 kB