Correspondence regarding peak rail fares: FOI release

Information requested

Any correspondence from January 2024 to April 2024 inclusive regarding the reinstatement of peak rail fares between:

Ministers and officials of Transport Scotland

Between the offices of Patrick Harvie and Lorna Slater and the offices of Humza Yousaf and Fiona Hyslop.

The office of Fiona Hyslop and Transport Scotland.

You have then clarified that your request was for:
Correspondence from ministerial private offices and can I specify that that should include all briefing materials and policy submissions relating to Peak Fares.

Response

For point 2 of your request

The Scottish Government does not have all the information you have asked for. Specifically, we do not hold any correspondence related to the reinstatement of peak fares on ScotRail services between offices of:

Patrick Harvie MSP or Lorna Slater MSP in their respective former Ministerial capacities, and offices of Fiona Hyslop, the Cabinet Secretary for Transport or the office of the former First Minister, Humza Yousaf.

This is a formal notice under section 17(1) of FOISA that the Scottish Government does not have the information you have requested.

For the remainder of your request:

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

Whilst we aim to provide the information wherever possible, the information you have asked for – briefing materials and policy submissions relating to Peak Fares, has been withheld in line with the following FOISA exemption: Section 29(1)(a) – formulation or development of government policy. This exemption applies to the information you have requested because it relates to the formulation and development of the Government’s policy in relation to 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 information rigorously, to fully understand its 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 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.

Please note; information which has been redacted has been clearly marked with the relevant exemption i.e. (S29(1)(a). The remaining information which 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 https://www.gov.scot/foi-responses.

FOI 202400432379 - Information Released - Annex A

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