Gateway Review Fleet Renewal Programme information: EIR release

Information requested

(…) Please supply all items of information in the Gateway Review completed in 2025 on the 'Fleet Renewal Programme' (…)

Response

As the information you have requested is ‘environmental information’ for the purposes of the Environmental Information (Scotland) Regulations 2004 (EIRs), we are required to deal with your request under those Regulations. We are applying the exemption at section 39(2) of the Freedom of Information (Scotland) Act 2002 (FOISA), so that we do not also have to deal with your request under FOISA.

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, because there is no public interest in dealing with the same request under two different regimes. This is essentially a technical point and has no material effect on the outcome of your request.

We have interpreted your request to be for a copy of the review report and the information contained within it.

Please find attached to this letter a copy of the report, as requested.

Please note that Gateway Reviews are conducted for the Scottish Government and associated public sector organisations to help support the successful delivery of projects by ensuring that good programme and project management practice is being used; that key risks are actively managed and to identify any learning points for better practice. The report contains only a snapshot of the project at a particular point in time and since it was produced, progress has been made in addressing recommendations, which would alter the assessment of the risks identified during the process of preparing the report.

Whilst we aim to provide information wherever possible, some of the information included in the report has been redacted in line with the following EIR exceptions:

Regulation 11(2) EIR (personal data relating to third party)

An exception under regulation 11(2) of EIRs (personal data) applies to some of the information requested because it is personal data of a third party, i.e. names/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.

Regulation 10(5)(f) (third party interests)

Some of the information in the attached report has been withheld under Regulation 10(5)(f) of EIRs (third party interests).

The exception under Regulation 10(5)(f) applies because disclosure of the information included in the report would or would be likely to cause substantial harm to commercial interests of ScotRail Trains Ltd (SRT) and Scottish Rail Holdings, of whom SRT is a subsidiary. SRT, with an oversight from SRH, is currently undertaking procurement processes to replace some of its rolling stock, with procurements at different stages of completion.

This exception 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 and transparent government, and to help account for the expenditure of public money. However, there is a greater public interest in protecting the commercial interests of ScotRail Trains Ltd., to ensure that SRT can obtain the best value for public money in current and any future procurement exercises.

Regulation 10(5)(e) (confidentiality of commercial or industrial information)

Some of the information in the attached report has been withheld under Regulation 10(5)(e) of EIRs (confidentiality of commercial or industrial information).

The exception under Regulation 10(5)(f) applies because disclosure of the amount of funding allowing ScotRail to conduct and complete the fleet procurement would or would be likely to cause substantial harm to commercial interests of ScotRail Trains Ltd (SRT) and Scottish Rail Holdings, of whom SRT is a subsidiary. SRT with an oversight from SRH is currently undertaking procurement processes to replace some of its rolling stock, with procurements at different stages.

This exception 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 and transparent government, and to help account for the expenditure of public money. However, there is a greater public interest in protecting the commercial interests of ScotRail Trains Ltd., to ensure that SRT can obtain the best value for public money in current and any future procurement exercises.

Information in the attached report has been marked to show which exception applies, i.e. Regulation 10(5)(f) and (e). The remaining information has been withheld under Regulation 11(2).

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.

EIR 202500494957 - Information released - Annex A

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