Correspondence between ScotRail officials and Scottish government regarding new timetables: FOI release

Information requested

• All correspondence between ScotRail officials and Ministers or officials in the Scottish government regarding new timetables sent or received since 10th August 2022
• What discussions have taken place between Scotrail and Scottish government relating to new timetables. You then clarified your request and I have concluded that by ‘new timetables’ you meant December 2023 and June 2024 Inverclyde timetables.

Response

For the point 1 of your request:

Please see copy of the email exchange which falls in the scope of your request in Annex A.

While our aim is to provide information whenever possible, in this instance we are unable to provide some of the information you have requested because exemptions under Section: 38(1)(b) (personal information), 30(b)(ii) (Free and frank exchange of views) and 30(b)(i) (Free and frank provision of advice), of FOISA apply to that information. The reasons why these exemptions apply are explained below:-

Section 30(b)(i) - Substantial inhibition to free and frank provision of advice

An exemption under section 30(b)(i) of FOISA (free and frank provision of advice) 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 advice. This exemption recognises the need for officials to have a private space within which to provide and receive free and frank advice to colleagues within Scottish Government and third parties. Disclosing the content of free and frank exchange of advice would inhibit the exchange of advice in future between officials and third 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 a private space within which officials can exchange full and frank advice, as part of the process of exploring and refining the Government’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 good policy decisions can be taken. Disclosure is likely to undermine the full and frank discussion of issues between officials and third parties, 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 (free and frank provision 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 to have a private space within which they can exchange views with colleagues within Scottish Government and third parties. Disclosing the content of free and frank exchange of views would inhibit the exchange of views in future.

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 thinking space within which officials can exchange views with third parties. This private thinking space is essential to enable all options to be properly considered, based on the best available advice, so that good policy decisions can be taken. Disclosure is likely to undermine the full and frank discussion of issues between officials and third parties, which in turn will undermine the quality of the decision making process, which would not be in the public interest.

Section 38(1)(b) – Personal data of a third party

An exemption under section 38(1)(b) of FOISA (personal information) applies 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.

The information that has been redacted has been clearly marked with the relevant exemption i.e. Section 30 (b)(ii).

The remaining information that has been redacted is that which falls into the exemption of section 38(1)(b) – personal information.

In addition, as part of the correspondence included in the email attachments was information regarding Inverclyde timetables public consultation. The full information regarding this consultation is due to be published on ScotRail website.

Section 27(i) FOISA (Information intended for future publication) exception applies to these documents.

Section 27(1) exempts information from disclosure if an authority, or third party, plans to publish the information within 12 weeks. This exemption is subject to the ‘public interest test’. Seeing that the information will be published on ScotRail’s website in its entirety, there is no public interest in including this separately.

You might also be interested to know that Inverclyde Council will be included in the consultation process.

For point 2 of your request

I can confirm, that there have been no discussions between Scotrail and Scottish Government relating to December 2023 and June 2024 Inverclyde timetables.

Scottish Rail Holdings (SRH) oversees and manages, on behalf of the Scottish Ministers, the delivery of ScotRail services and it is therefore appropriate that SRH is involved in dealing with ScotRail’s operational matters.

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 202300371095 - Information Released - Annex A

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4 page PDF

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