Transport Scotland - New rail rolling stock for ScotRail procurement plan queries: EIR release

Information requested

Has a deal to procure new rolling been done by the Scottish Government, or approved by the Scottish Government on behalf of Transport Scotland?
You may wish to consider this as a FOI enquiry.
If so, what are the terms and cost to the Scottish people?

Is it correct that you have favoured a 30 year leasing arrangement similar to PFI deal you reject 17 years ago? A deal that will cost we Scottish citizens an extra £362 million over the term of the contract compared to alternative proposals. That is just over £18 million EVERY year for thirty years. An alternative funding model was proposed in a report by academics at the University of Glasgow and supported by rail union ASLEF. Why was it caste asunder?

Is this a way to encourage citizens to support self determination for Scotland? By resurrecting the failed PFI funding model that is still costing us dear?

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.

Below we provide information for the points, which are valid in the context of the legislation in place.

Our Rail Recharged: Scotland’s Fleet Transition Strategy, published in November 2025, sets out how we will replace our fleets as they reach the end of their operational life.

There are currently 2 procurements underway, which have been approved by Transport Scotland and Scottish Ministers. One for the replacement of High Speed Trains serving intercity routes, and second for the suburban fleet replacement.

We can confirm that ScotRail has now awarded a contract for High Speed Trains (HST) replacement to Beacon for the provision of twenty two (22) Class 222 trains. The trains will be extensively overhauled and refurbished before delivery to ScotRail, supported by £67 million of investment by the Scottish Government. These trains will be leased from Beacon, a rolling stock leasing company (ROSCO) to ScotRail in a similar manner as the High Speed Trains have been leased.

Whilst we aim to provide information where possible, we are not in a position to share any details of the procurement of ScotRail suburban fleet, which is underway.

An exception under Regulation 10(5)(e) of EIRs applies to this information. This exception applies because disclosure would, or would be likely to, prejudice substantially the commercial interests of ScotRail.

This exception recognises the need for public bodies to protect commercial interests of third parties (including train operating companies). Disclosing the content of commercial information regarding procurement of replacement suburban fleet, which is currently underway, could significantly affect the commercial interests of ScotRail, who operates in a competitive environment.

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 exception. We have found that, on balance, the public interest lies in favour of upholding the exception.

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 commercial interests of publicly owned ScotRail to ensure that ScotRail can obtain the best value for public money in current and any future procurement exercises.

We appreciate the findings of the report commissioned by ASLEF, to which you are referring. It is important to clarify that the Scottish Government is limited in how much it can borrow. The use of Green Bonds would not change that limitation and would require increased borrowing limits to be put in place.

Leasing is a well-established means to finance the procurement of new trains, enabling costs to be spread over a number of years and reducing the upfront capital investment required from a limited capital budget.

With the magnitude of our ambitions regarding rail decarbonisation and fleet replacement, it is imperative that there is a relentless focus on cost and delivery efficiency, and maximising benefits.

ASLEF’s recent report on Green Bonds provided a useful contribution, and we remain open to further discussion and analysis alongside current Scottish Government policy for the procurement of significant contracts in the future.

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.