Undertaking of Aberdeen Route Upgrade report: FOI release

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


Information requested

A copy of the appraisal referred to in Fiona Hyslop’s reply to written question S6W-32419, i.e. any final report provided to ministers following the process.

Whether any company or organisation outside of the Scottish Government was commissioned to carry out the appraisal or part of the appraisal, and if so which.

Response

The appraisal referred to in the quoted Parliamentary Question was the Aberdeen Route Upgrade report. It was undertaken by Atkins and commissioned by Network Rail.

Whilst our aim is to provide information whenever possible, in this instance we are unable to provide a copy of thr abovementioned appraisal you have requested, because an exemption under section 33(1) (b) FOISA applies to this information. The reasons why that exemption applies are explained below.

Section 33(1)(b) - Substantial prejudice to commercial interests

The exemption under section 33(1)(b) applies because disclosure of would or would be likely to, prejudice substantially the commercial interests of ScotRail Trains Ltd(SRT). SRT has recently commenced a procurement process to replace its High Speed Trains fleet, which procurement is now live. Release of any report related to replacement of ScotRail fleet would be likely to substantially prejudice outcome of this procurement exercise, thus negatively affecting ScotRail’s commercial interests.

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 and transparent government, and to help account for the expenditure of public money. However, there is a greater public interest in protecting the commercial interests of ScotRail Trains Ltd., to ensure that SRT can obtain the best value for public money in this and any future procurement exercises.

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.

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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