Correspondence regarding proposals to introduce changes to the timetable because of driver shortages: FOI release

Information requested

Provide a copy of all correspondence between Scottish Government ministers/special advisers/officials and Scotrail about proposals to introduce changes to the timetable because of driver shortages.

Please also provide any correspondence between the Scottish Government and the ASLEF or RMT trade unions about pay negotiations.

Please also provide any briefing notes provided to the Transport Minister about Scotrail cancellations or the need to reduce the timetable because of driver shortages.

In each of the above, the period covered should be April 1, 2022, to 18 May 2022.

Response

Please find included in Appendix A all the information which falls into the scope of your request for information.

You will see that some information has been redacted against the following FOISA exemptions:-

Section 33(1)(b) – Substantial prejudice to commercial interests

An exemption under section 33(1)(b) of FOISA (Substantial prejudice to commercial interests) applies to some of the information requested. This exemption applies because disclosure would, or would be likely to, inhibit substantially the commercial interests of ScotRail Trains Ltd. This exemption recognises the need for officials to protect the commercial interests of an organisation that is required to enter into commercial contracts with third parties.

Disclosing the content of commercial information regarding the development of a Bill could affect the future commercial interests of a third party. 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 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 allowing ScotRail Trains Ltd commercial information to be protected. Disclosure is likely to undermine the commercial ability of an organisation, which would not be in the public interest.

Section 30(b)(i) – Substantial inhibition to free and frank exchange of advice

An exemption under section 30(b)(i) of FOISA (substantial inhibition to free and frank exchange of advice) applies to some of the information requested. The reasons why this exemption has been applied is outlined. This exemption applies because disclosure would, or would be likely to, inhibit substantially the free and frank exchange of advice. This exemption recognises the need for officials, members of a third party, to have a private space within which to provide free and frank advice amongst each other and to Ministers before the Scottish Government reaches a settled public view.

Disclosing the content of free and frank exchange of advice regarding train driver shortages would inhibit the exchange of advice in future between officials and third party representatives in relation to operational matters of running Scotland’s Railway. 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 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 allowing a private space within which officials can exchange full and frank advice, as part of the process of exploring and refining the Government’s and third party’s decision making process. This private thinking space is essential to enable all options to be properly considered, based on the best available advice, so that sound operational decisions can be taken. Disclosure is likely to undermine the full and frank discussion of issues between Government officials, third party representatives, which in turn will undermine the quality of the decision making process, which would not be in the public interest.

Section 30(b)(ii) - Substantial inhibition to free and frank exchange of views

An exemption under section 30(b)(ii) of FOISA (substantial inhibition to free and frank exchange of views) applies to some of the information requested. This exemption applies because disclosure would, or would be likely to, inhibit substantially the free and frank exchange of views. This exemption recognises the need for officials and / or a member of a third party to have a private space within which to provide free and frank views amongst each other before the Scottish Government and others and to Ministers before the Scottish Government reaches a settled public view.

Disclosing the content of free and frank exchange of views regarding train driver shortages would inhibit the exchange of views in future between officials and third party representatives in relation to operational matters of running Scotland’s Railway. 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 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 allowing a private space within which officials can exchange full and frank views, as part of the process of exploring and refining the Government’s and third party’s decision making process. This private thinking space is essential to enable all options to be properly considered, based on the best available advice, so that sound operational decisions can be taken. Disclosure is likely to undermine the full and frank discussion of issues between Government officials, third party representatives, which in turn will undermine the quality of the decision making process, which would not be in the public interest.

Section 38 (1) (b) – Third party data

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 companies, 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 33 (1)(b), Section 30 (b)(i) and Section 30 (b)(ii).

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 - 202200300946 - Appendix A

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