ScotRail’s alcohol survey results: FOI release

Information requested

1. Could you supply the full results of the booze ban consultation i.e how many votes for each category?

2. Could you supply all correspondence sent and received and minutes/notes from meetings about the booze ban from the last three months?

3. Could you supply all documentation held surrounding the opening of Levenmouth station, including invites, correspondence, setting up of the event?

Response

For Point 1 of your request

In response to ScotRail’s alcohol survey results the number of responses received were 2,296 between the research timeframe of 7-15 December 2023.

Q1 : Would you be supportive of ScotRail removing the alcohol ban on trains?

• 56% in favour of removing the ban.
• 29% in favour of retaining the ban.
• 15% responded maybe/don’t know.

Q2 : If the current alcohol ban remained in place, would this impact on your decision to travel with ScotRail in the future?

• 28% would be less inclined to travel.
• 21% would be more inclined to travel.
• 51% said it would not affect them either way.

For Point 2 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 has 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 alcohol ban on ScotRail trains.

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 29(1)(b) - Ministerial communications

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 30(b)(i) – 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 provision of advice.

This exemption recognises the need for officials to have a private space within which to provide free and frank advice to Ministers and officials before the Scottish Government reaches a settled public view. Disclosing the content of free and frank advice on the Scottish Government’s policy on alcohol ban on ScotRail trains will substantially inhibit the provision of such advice in the future, particularly because these discussions are still ongoing, and decisions have not been taken.

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 maintaining an environment in which information can be exchanged without prejudice in the future, enabling Ministers to make well informed future policy decisions having considered all available advice and information.

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.

For point 3 of your request

Whilst our aim is to provide information whenever possible, in this instance the costs of locating, retrieving and providing the information you have requested would exceed the upper cost limit of £600.

Under section 12 of FOISA, public authorities are not required to comply with a request for information if the authority estimates that the cost of complying would exceed the upper cost limit, which is currently set at £600 by Regulations made under section 12.

You may wish to reduce the scope of your request to make it more manageable to allow us to comply with your request without breaching the cost of compliance limit.

You could consider making your request more specific or provide time frames for your request in order to secure the information you are looking for.

If you would like to reduce the scope of your request, you may find it helpful to look at the Scottish Information Commissioner’s ‘Tips for requesting information under FOI and the EIRs’ on his website at:
http://www.itspublicknowledge.info/YourRights/Tipsforrequesters.aspx.

You may also find it helpful to look at the Scottish Information Commissioner’s ‘Tips for requesting information under FOI and the EIRs’ on his website at: https://www.itspublicknowledge.info/how-do-i-ask

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 202500452128 - Information released - Annex A

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