ScotRail Peak Fares Removal Pilot documentation: FOI release

Information requested

1. Confirmation of who took the decision to reintroduce peak rail fares. Who was present at the meeting and who had to agree for the decision to become official.

2. The date the decision was taken to reintroduce peak rail fares.

3. A copy of the information that was put before the Ministers who made the decision to reintroduce peak rail fares. I’m not talking about free and frank advice, I’m talking about facts and decisions that were laid out in front of Ministers before they took the decision.

4. A copy of the communication that informed wider Scottish Rail Holdings, ScotRail and Scottish Government that the decision was taken. Again, don’t redact things because its free and frank advice. I’m talking about the full text or body of words that confirmed the decision to Include each message or email or letter sent to Scottish Rail Holdings, ScotRail leadership and wider Scottish Government.

5. Any sentences in the minutes of the meeting in which the decision was taken that reveals the rationale for the decision.

Response

For point 1 of your request:

The Cabinet Secretary for Transport, Fiona Hyslop took the decision to end the ScotRail Peak Fares Removal Pilot.

For point 2 of your request:

The decision to end the ScotRail Peak Fares Removal Pilot was taken on 12 August 2024.

For point 3 of your request:

The information, which illustrated the impact of the Peak Fares Removal Pilot on modal shift from car to rail in peak times, which is included in the Final Evaluation Report was provided to Ministers. This report can be found here: ScotRail Peak Fares Removal Pilot - Final Evaluation Report - August 2024 | Transport Scotland

There is some additional information which was provided to Ministers. This can be found in Annex A, which is attached to this letter.

For Point 4 of your request:

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

For Point 5 of your request:

The Scottish Government does not hold the information you have requested. We have no record of meeting minutes that detail the rationale for the decision. The decision was based on the details contained within the final evaluation report which has been provided above.

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

Exemptions
Whilst we aim to provide the information wherever possible, some of the information in the attached Annex A, has been withheld in line with the following FOISA exemptions:

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

This exemption applies to the information you have requested because it relates to the 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 in Annex A 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 - 202400438588 - Information Released - Annex A

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