Briefing Pack prepared for Net Zero, Energy and Transport Committee: FOI release

Information requested

The briefing pack that was prepared for Fiona Hyslop for her appearance before the Net Zero, Energy and Transport Committee on 21 February 2025.

Response

Section 25 Exemptions

Some of the information you have requested is available from Scottish Parliament and Scottish Government websites. Under section 25(1) of FOISA, we do not have to give you information which is already reasonably accessible to you. If, however, you do not have internet access to obtain this information from the website(s) listed, then please contact me again and I will send you a paper copy.

The links to the information included within the budget pack, that are available to view online, are listed below:

• The Cabinet Secretary’s Opening Statement can be read in the NZET Committee’s Official Report on pages 2-3
• 2025-26 Transport budget tables are available in the published 2025-26 Scottish Budget on pages 72-75
• The NZET Committee’s 2025-26 Pre-Budget Scrutiny Letter is available on the Scottish Parliament’s website
• The response to the NZET Committee’s letter is also available on the Scottish Parliament’s website
• Information relating to transport-related PQs can be viewed on the Scottish Parliament’s website
• Transport Level 4 Budget Tables are included within the Supporting Documents that accompany the 2025-26 Scottish Budget, available on the Scottish Government’s website
• The Scottish Parliament Information Centre (SPICe) Briefing into the Scottish Budget 2025-26 is available on the Scottish Parliament’s website
• Transport statistics included within the briefing can be viewed in the Transport and Travel in Scotland 2023 report, published on 27 November 2024, which is available on Transport Scotland’s website.

Section 29 Exemption

An exemption under section 29(1)(a) of FOISA (formulation or development of government policy) applies to some the information requested because it relates to the formulation of the Scottish Government’s transport policy.

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 decision-making, 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 will be disclosed in the near future, when it may undermine or constrain the Government’s view on that policy while it is still under discussion and development.

Section 30 Exemption

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. The exemption recognises the need for officials to have a private space within which to provide free and frank advice to Scottish Ministers before the Scottish Government reaches a settled public view. Disclosing the content of free and frank advice would have a negative impact upon the delivery of high-quality policy and decision-making.

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 some public interest in release because due its relevance to the 2025-26 Scottish Budget. However, this is outweighed by the public interest in officials being able to provide free and frank advice to Scottish Ministers.

Release of information

I include below some of the information you requested from the briefing pack:

Transport Scotland Monitoring – Data week ending 15 December (Not published)

The following was observed on Scotland’s transport network week ending 15 December, which represents a fairly typical picture for the second half of 2024.

Rail patronage was down 9% on the equivalent week in 2019.

Concessionary bus patronage (excludes travel with the under 22 free bus travel) was down 21% on the equivalent week in 2019.

Car traffic was up 1% on the equivalent week in 2019.

HGV traffic was up 1% on the equivalent week in 2019.

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.