Transport Scotland correspondence regarding removing peak fares for Northern Isles ferries: FOI release

Information requested

You asked for "All correspondence to/from the Cabinet Secretary for Transport and Transport Scotland about the removal of peak fares for islanders on the Northern Isles ferry service between 1 January 2024 and 26 February 2026".

Response

I enclose a copy of most of the information you requested.

While our aim is to provide information whenever possible, in this instance we are unable to provide some of the information you have requested because an exemption(s)of FOISA applies to that information under section(s) 29(1)(a) policy formulation, 29(1)(c) - Advice by Law Officers, 30(b)(i) - Substantial inhibition to free and frank provision of advice, 30(b)(ii) - Substantial inhibition to free and frank exchange of views, 33(1)(b) - Substantial prejudice to commercial interests , and 38(1)(b) personal information.

The reasons why these exemptions apply are explained below:

Section 29(1)a is to protect the integrity of the policy-making process, allowing for "safe space" to develop policy before final decisions are made.

Section 29(1)(c) exemption protects legal advice confidentiality, requiring a public interest test to determine if disclosure outweighs the need for confidentiality.

Section 30(b)(i) and 30(b)(ii) exempts information if disclosure would, or would be likely to, inhibit substantially: the free and frank provision of advice or the free and frank exchange of views for the purposes of deliberation.

Section 33(1)(b) is a qualified exemption that allows the refusal of a request for information if its disclosure would, or would be likely to prejudice substantially the commercial interests of any person, company, partnership or public authority.

Section 38(1)(b) is to withhold names, contact details, or identifying information of individuals.

The exemptions applied are 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 it involves financial information, contractual information, advice and views. However, this is outweighed by the public interest in protecting confidentiality of advice and views, financial and contractual information and data.

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FOI 202600508626 - Information Released - Annex

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