ScotRail Peak Fares Removal Pilot: FOI Review

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


Information requested

Original request: 202400440228 

Correspondence between the First Minister and the Cabinet Secretary responsible for Transport (and/or the minister responsible for transport) since April 2024 concerning the peak fares removal trial.

Correspondence between the Finance Secretary and the Cabinet Secretary responsible for Transport (and/or the minister responsible for transport) since April 2024 concerning the peak fares removal trial.

Response

I have now completed my review of our response to your request under the Freedom of Information (Scotland) Act 2002 (FOISA) for:

‘Correspondence between the First Minister and the Cabinet Secretary responsible for Transport (and/or the minister responsible for transport) since April 2024 concerning the peak fares removal trial.

Correspondence between the Finance Secretary and the Cabinet Secretary responsible for Transport (and/or the minister responsible for transport) since April 2024 concerning the peak fares removal trial’.

I have concluded that the decision to withhold the information contained in communications between the Cabinet Secretary for Transport with the First Minister for Scotland and the Cabinet Secretary for Finance, as requested above, should be upheld with modifications.

I have reviewed the information which fell in the scope of you request and concluded that some of the information contained in the email exchanges, can be released without the risk of prejudicing any future Ministerial communications, and it is indeed in public interest to release some of the information in the spirit of the openness and transparency.

However, whilst we aim to provide the information wherever possible, I agree that some of the information in the attached Annex should be redacted in line with the following FOISA exemptions:

Section 29(1)(b) - Ministerial communications

I agree that an exemption under section 29(1)(b) of FOISA - Ministerial communications, applies to some of the information you have requested. This exemption recognises the need for Scottish Ministers to have a private space within which they can communicate openly. This exemption applies because disclosure would, or would be likely to, inhibit substantially the openness and frankness of exchanges of communication between Ministers in the 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 space within which Ministers can exchange information, as part of the process of exploring and refining the Government’s decision making process. This private space is essential to enable all options to be properly considered, based on the best available advice, so that good quality decisions can be taken. Disclosure is likely to undermine the full and frank communication between Ministers, 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 – I note that you have not asked us to review an application of this FOISA exemption.

Please note, information that has been redacted in the attached Annex has been clearly marked with the relevant exemption i.e. 29(1)(b). The remaining information that has been redacted is that which falls into the exemption of section 38(1)(b) – third party personal data.

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at https://www.gov.scot/foi-responses.

FOI 202400440228 - Information released - Annex A

Contact

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

The Scottish Government
St Andrew's House
Regent Road
Edinburgh
EH1 3DG

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