Correspondence regarding Class 222 trains on ScotRail services: EIR release

Information requested

Correspondence referring to the potential use of Class 222 trains on ScotRail services, since January 2023.

Response

As the information you have requested is 'environmental information' for the purposes of the Environmental Information (Scotland) Regulations 2004 (EIRs), we are required to deal with your request under those Regulations. We are applying the exemption at section 39(2) of the Freedom of Information (Scotland) Act 2002 (FOISA), so that we do not also have to deal with your request under FOISA.

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, because there is no public interest in dealing with the same request under two different regimes. This is essentially a technical point and has no material effect on the outcome of your request.

Please find attached documents, which include the information requested by you.

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 exceptions under regulations 10(4)(e) (Internal Communications) and 11(2) (Personal data relating to third party) of the EIRs apply to that information. 

The reasons why these exceptions apply are explained below.

Explanation of Exceptions

Regulation 11(2) EIR (personal data relating to third party)

An exception under regulation 11(2) of EIRs (personal data) applies to some of the information requested because it is personal data of a third party, i.e. names/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.

Regulation 10(4)(e) EIR (Internal Communications)

An exception under Regulation 10(4)(e) of the EIRs applies to some of the information you have requested. Regulation 10(4)(e) allows a Scottish public authority to withhold internal communications. 

This exception also applies to communications with third parties, or which contain information received from third parties.

This exception 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 exception. We have found that, on balance, the public interest lies in favour of upholding the exception. 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 allowing officials and Scottish Government’s delivery partners, including sponsored bodies, a private space within which to communicate as part of the process of exploring the Government’s options, allowing to make decisions; in this instance it relates to decisions relating to replacement of rolling stock.

This private space is essential to enable all options to be properly considered, so that good decisions can be taken based on fully informed advice and evidence. Disclosure is likely to undermine the full and frank discussion of issues and available options between the Scottish Government and these stakeholders, which in turn will undermine the quality of the decision making process, which would not be in the public interest.

All redactions have been clearly marked within the attached document and relevant exceptions annotated. i.e Reg 10(4)(e); the remaining data has been redacted under Reg 11(2).
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.

EIR 202500450828 - Information Released - Documents

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