Questions relating to the Emergency Measures Agreement (EMA): FOI release

Information requested

1. I've read the EMA agreement and am I right in saying that Abellio actually submitted a budget claim to you and are therefore responsible for planning the perceived staffing requirements and wages bill?

2. Is it true that they were given a £12 million management fee?

3. Also, do you have any direct say in staffing levels and appointments to vacant posts or is that reserved to the Executive Team of Abellio?

4. The reason I am asking is it seems they are trying to close posts and are, in this case, targeting someone with Mental Health Issues. It would assist me in a particular case as they say they have no jobs to accommodate this particular individual whereas I believe there are plenty; I believe more than a few hundred. I have been unsuccessful in obtaining a list of current vacant posts thus far and am hoping that you have responsibility in this area and I can obtain it via a Freedom of Information request.

5. It has been a common tactic of Abellio and their predecessors to run the service with as few staff as possible, despite the issues it causes, to maximise profits. Indeed, at the moment any appointments.

Response

1. The EMA requires that Abellio ScotRail submits a budget to Transport Scotland for the day to day operations of the ScotRail franchise. The day to day running of the operations at ScotRail is the responsibility of the management team of Abellio ScotRail. It would not be appropriate for Scottish Ministers to plan or instruct the day to day staffing of the operations at ScotRail.

2. To date no management fee has been paid to Abellio ScotRail.

3. As per the Franchise Agreement, Scottish Minister have no locus in staffing levels and appointments to vacant posts as this is considered an operational matter for which Abellio ScotRail is responsible.

4. Staffing vacancies are a matter for Abellio ScotRail and as such Transport Scotland does not hold the information in relation to a list of current Abellio ScotRail vacancies that you have requested.

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

It should be noted however that any issues between employee and employer in relation to terms and conditions of employment is a matter between relevant parties with appropriate trade union representation when required.

5. As stated above, the matter of staff numbers in relation to Abellio ScotRail is an operational matter for which they are responsible for.

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.