Transport Scotland materials regarding the removal of Scotrail peak fares: FOI release

Information requested

With regards to the response to parliamentary written question reference S6W-40314, I am requesting:

1. Copies of meeting notes, emails and/or reports from ministers/officials/consultants or thirdparties which include the options explored to find a solution which addresses the exclusion of intra-Scottish train travel to/from Lockerbie station from the removal of Scotrail peak fares policy.

I am specifically interested in whether any options were explored other than the provision of a Scotrail service to/from Lockerbie on the West Coast Main line. i.e. "workarounds" to avoid investing in a new Scotrail service to/from Lockerbie but which would have allowed those travelling to/from Lockerbie, within Scotland, to benefit from the policy. For example (but not limited to), working with the Rail Delivery Group to create discounted tickets for intra-Scotland travel equivalent to the effective discounts being given on Scotrail services, application of a pro-rata discount at the point of sale, or the instituting of a Lockerbie rail card to affect the same.

2. Copies of notes/emails/reports between ministers/officials/consultants or third-parties discussing the exclusion of commuters using Lockerbie station from the Scotrail peak-fare removal policy. 

3. Any correspondence/notes between the Scottish Government / Transport Scotland and Network Rail/Rail Delivery Group and/or Scotrail regarding efforts made to identify any other stations within Scotland which are not served by Scotrail services, as part of the study into the removal of off-peak fares.

4. Any other associated information which may be pertinent to enquiring as to how much or how little effort was put in by ministers/officials into the recognition that users of Scottish railway stations not served by Scotrail services would be excluded from the peak-fare removal initiative.

Response

Please find attached to this letter Appendix A, which contains the information we hold, which falls in the scope of your request.

While we aim to provide the information wherever possible, some of the information in the attached Appendix has been withheld in line with the following FOISA exemptions:

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 colleagues. Disclosing the content of free and frank advice on the work undertaken to consider an inclusion of stations not served by ScotRail in the Scottish Government’s initiative to remove rail peak fares, would 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 stronger public interest in preserving an environment where officials and Ministers can exchange advice freely, ensuring that future decisions are well-informed and based on comprehensive input.

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.

Information, which has been withheld has been clearly marked in the document, i.e redacted s30(b)(i), the remaining information has been withheld under section 38(1)(b).

In addition, the following document has not been included in the Appendix: Rail Policy - Peak Fares Removal - Outline Business Case for Peak Fares Removal - June 2025 details – Objective (attachment to the email of 11 June 2025 17:12).

This is because the Outline Business Case has been published on Transport Scotland website and you can access it here: ScotRail Peak Fares Permanent Removal Outline Business Case

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.

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 202500485199 - Information released - Appendix A

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PDF

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263.7 kB