Transport Scotland's involvement in ScotRail Alcohol Policy Reversal: FOI release

Information requested

Information regarding Transport Scotland’s involvement in the lifting of the alcohol ban on ScotRail services.

1. Any briefing documents, reports, meeting notes, or correspondence from 2023 to present regarding the reintroduction of alcohol consumption on ScotRail trains

2. Any records of internal discussion on:

• Passenger or staff safety
• Anti-social behaviour
• Staff union positions- Public or stakeholder consultation

3. Any correspondence with:

• ScotRail
• Scottish Rail Holdings
• Ministers or special advisers
• regarding the alcohol policy change

Response

Please find attached to this letter, Annex A, which contains 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 25(1) of FOISA - Information otherwise accessible

Some of the information falling in the scope of your request has been published on the Scottish Government website further to an earlier FOI response, and you can find the response at ScotRail’s alcohol survey results: FOI release - gov.scot.

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 listed, then please contact us again and we will send you a paper copy.

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 because it relates to the formulation and development of the Government’s policy on removing alcohol ban 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 decision-making. 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.

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.

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 30(b)(ii) - Substantial inhibition to free and frank exchange of views

An exemption under section 30(b)(ii) of FOISA (free and frank exchange of views) applies to some of the information requested. This exemption applies because disclosure would, or would be likely to, inhibit substantially the free and frank exchange of views in the future.

This exemption recognises the need for officials and Ministers to have a private space within which to provide and receive free and views to colleagues within Scottish Government and to Ministers. Disclosing the content of free and frank exchange of views would inhibit the exchange of views in future between officials and between officials and Ministers.

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 officials can exchange their views, 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 policy decisions can be taken. Disclosure is likely to undermine the full and frank discussion and exchange of views between officials and Ministers, which in turn, will 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 202500477652 - Information released - Annex

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