Publication - FOI/EIR release

The Scotrail Franchise agreement: FOI release

Published: 30 Nov 2020

Information request and response under the Freedom of Information (Scotland) Act 2002.

Published:
30 Nov 2020
The Scotrail Franchise agreement: FOI release
FOI reference: FOI/202000101064
Date received: 20 Oct 2020
Date responded: 5 Nov 2020
Information requested

(1). "We know that the Scotrail franchise agreement states that there will not be compulsory agreements. We do not hold this information in respect of this matter for any other railway business in Scotland."

My reading of this tells me that, the no compulsory redundancies agreement lies within the Scotrail franchise agreement and with the franchise holder at the time of tendor but that there is no compulsory redundancies agreement with Transport Scotland or the Scottish government at this moment or in the past.

Would this be correct?

If so, after phase two of the EMA, is there plans or discussions directly from the Scottish government for redundancies within the Scotrail franchise and Caledonian sleeper franchise ?

(2). "The Scottish government has out in place further Emergency Measure Agreements for the Scotrail and Caledonian sleeper franchise and these are in place from 20 September 2020 to 10 January 202. During this time the train operators will receive payments to cover operating costs,as necessary because of reduced revenue"

So on top of the franchise agreement funding which Abelio recieve in an annual basis, the government have provided since March this year (2020)until January 10th 2021 a further £350 million. Out with this additional funding, did Abelio not receive funding via the franchise agreement for operating costs?

Could you also provide a full breakdown with the agreement to further funding out with the franchise agreement?

Will this money be paid back?. Will this money be held accountable to the Scottish tax payer and public?

Response

(1). The Scotrail Franchise contains a no compulsory redundancy clause which was not amended by either the original EMA or the EMA2 that commenced in October 2020.

Discussions are currently underway with Abellio ScotRail about a longer term contractual arrangement after January 2021 and these discussions do not include plans to remove the no compulsory clause after this date.

(2). EMA payments replace Franchise payments made to the Rail companies. For further information on EMA agreement please see: https://www.transport.gov.scot/media/48147/ema-abellio-scotrail-april-2020.pdf

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Contact

Please quote the FOI reference
Central Enquiry Unit
Email: ceu@gov.scot
Phone: 0300 244 4000

The Scottish Government
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