Correspondence regarding peak rail fares: FOI release

Information requested

Please provide all ministerial correspondence from 1 April 2025 to 6 May 2025 that relate to the decision to scrap peak rail fares as announced in the Programme for Government on 6 May 2025.

You then clarified that by ‘ministerial correspondence’ you mean all correspondence between Scottish Ministers; between Ministers and their Officials; and correspondence received by Ministers from external correspondents.

Response

Please find attached to this letter, Annex A, which contains all documents, falling in the scope of your request, which we hold on record.

Whilst we aim to provide the information wherever possible, some of the information in the attached Annex has been redacted in line with the following FOISA exemptions:

Section 29(1)(a) – Formulation or development of government policy.

An exemption under section 29(1)(a) of FOISA - Formulation or development of government policy, applies to some of the information you have requested. 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 abolishing of peak fares on ScotRail services.

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. This means that officials and Ministers 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 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. This private space is essential to enable all options to be properly considered, so that good quality decisions can be taken. Disclosure would be likely to undermine the full and frank communications between Ministers in the future, which in turn, would undermine the quality of the decision making process, which would not be in the public interest.

Section 30(b)(i) of FOISA (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 between officials and Ministers. This exemption recognises the need for officials to have a private space within which to provide free and frank advice to Ministers before the Scottish Government reaches a decision. Disclosing the content of free and frank advice regarding the policy on removal of peak fares from ScotRail services would or would be likely to substantially inhibit the provision of advice 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 and officials can exchange information and advice as part of the process of exploring and refining the Government’s decision making. 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 would be likely to undermine the full and frank communications between officials and Ministers in the future, which in turn, would undermine the quality of the decision-making process, which would not be in the public interest.

Section 38(1)(b) – Personal data relating to 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 in the attached Annex that has been redacted has been clearly marked with the relevant exemption i.e. Section 30 (b)(i).

The remaining information that has been redacted is that which falls into the exemption of section 38 (1) (b) – third party and 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 202500465043 - Information Released - Annex

File type

PDF

File size

371.3 kB