Transport Scotland correspondence regarding ScotRail ticket prices: FOI release

Information requested

1. All correspondence sent and received by Transport Scotland, briefings for ministers, and notes and minutes held, about ScotRail ticket fare hike in April, between October 1 2023 and the date of this FOI.

2. Reasons why Newtonhill station missed out on local rail development funding?

3. All correspondence sent and received by Transport Scotland, briefings for ministers, and notes and minutes held, about ScotRail's £80m budget cut, between October 1 2023 and the date of this FOI.

4. Any discussions held by Transport Scotland regarding Alex Salmond's 2012 promise to build new High Speed Rail between Glasgow and Edinbutgh by 2024.

Response

Point 1 of your request

Please find attached to this letter Annex A, which contains the information you have requested.

While we aim to provide the information wherever possible, some of the information in the attached Annex and briefings for Ministers have been redacted or withheld in line with the following FOISA exemptions:

Section 29(1)(a) – formulation or development of government policy.

This exemption applies to some of the information you have requested because it relates to the formulation and development of the Government’s policy on ScotRail fares increase implementation.

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 that 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 high quality policy and decisionmaking, and in the properly considered implementation and development of policies and decisions. This means that Ministers and officials need to be able to consider all available options and to debate those rigorously, to fully understand their possible implications. Their candour in doing so will be affected by their assessment of whether the discussions on any future policy will be disclosed, which may undermine or constrain the Government’s future view on this or any future policy while it is still under discussion or development.

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

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 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 29(1)(a).

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

Point 2 of your request

While we aim to provide the information wherever possible, the Scottish Government does not hold the information you requested.

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

Although new railway stations at Cove and Newtonhill do not feature in the Scottish Government’s current investment programme, we are committed to on-going improvements to rail services and connectivity. Projects will be considered subject to the Scottish Government’s investment priorities for the strategic transport network, a robust business case, affordability and other competing proposals.

It might be helpful to explain that Nestrans has received funding from Transport Scotland’s Local Rail Development Fund and Bus Partnership Fund to undertake a transport appraisal which examines all transport modes to determine the most appropriate solutions to the travel corridor between Laurencekirk and Aberdeen. The appraisal is considering a number of multi-modal transport options, including options for buses and stations at Cove and Newtonhill. The appraisal is still ongoing and no final conclusion has been made at this time.

Point 3 of your request

While we aim to provide the information wherever possible, the Scottish Government does not hold the information you requested.

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

It might be helpful to note that ScotRail’s budget has not been reduced.

Point 4 of your request

While we aim to provide the information wherever possible, the Scottish Government does not hold the information you requested. This is because we do not hold record of any discussions that may have taken place.

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

You might find it helpful to note that Transport Scotland’s “High Speed Scotland Study” undertaken using STAG (Scottish Transport Appraisal Guidance), considered a range of multi-modal transport options including options for high speed rail between Glasgow and Edinburgh. Transport Scotland’s High Speed Scotland Summary Report, which includes the summary of the study, was published on the same date (21 March 2016) as HS2 Ltd’s Broad options for upgraded and high speed railways to the North of England and Scotland report.

Please see the link to Transport Scotland’s High Speed Scotland Summary Report

You can find further details on Transport Scotland’s website: High Speed Rail | Transport Scotland.

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 202400396485 - Information Released - Annex A

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