Figures in addition to the response to FOI 202200303520: FOI release
Information request and response under the Freedom of Information (Scotland) Act 2002.
Information requested
With reference to FOI/202200303520, figures for the same FY periods (22/23) detailing the actual income (for Q1) and the projected income for the whole financial year (recognising that the figures relating to the previous financial year will not be released due to the commercial sensitivities).
Response
For ease we have appended information relating to FOI 202200303520 (Annex A).
While our aim is to provide information whenever possible, in this instance an exemption under section 33(1)(b) of FOISA (Substantial prejudice to commercial interests) applies to the information requested. This exemption applies because disclosure of ScotRail’s forecasted income for FY 22/23 and actual income for Q1 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 other parties. 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’s commercial information to be protected until this information has been fully audited. Disclosure before the figures have been fully audited is likely to undermine the commercial ability of ScotRail, which would not be in the public interest.
Copies of ScotRail’s accounts including actual revenue figures should be available at Companies House and ought to provide the detail that you require in due course.
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.
Contact
Please quote the FOI reference
Central Enquiry Unit
Email: ceu@gov.scot
Phone: 0300 244 4000
The Scottish Government
St Andrews House
Regent Road
Edinburgh
EH1 3DG
There is a problem
Thanks for your feedback