Caledonian Sleeper information: FOI release

Information requested

Please provide the following recorded information held by Transport Scotland, for the period 25 June 2023 to the date of your searches, relating to Caledonian Sleeper onboard sleeper-cabin upgrade pricing, lastminute pricing, yield management, unsold sleeper cabins, and associated public-value / revenue / utilisation considerations.

1. Any papers, briefings, submissions, meeting notes, agendas, minutes, presentations or correspondence concerning the pricing structure for onboard sleeper-cabin upgrades operated by Caledonian Sleeper after transfer into public ownership.

2. Any records showing whether Transport Scotland reviewed, approved, discussed, challenged or monitored that pricing structure, whether directly or through sponsorship / oversight arrangements.

3. Any records concerning the retention of inherited pricing arrangements after transfer on 25 June 2023, including any discussion of whether those arrangements should be reviewed or replaced.

4. Any modelling, options papers, analyses, appraisals, spreadsheets, forecasts, business cases or assessments concerning:

• fixed onboard upgrade pricing;
• dynamic pricing;
• structured late-stage tariffing;
• revenue maximisation;
• utilisation of empty sleeper cabins; or
• revenue foregone from unsold premium capacity.

5. Any grant-agreement monitoring materials, sponsorship papers, performance reports, business-plan papers or related documents that discuss:

• sleeper-cabin utilisation;
• unsold cabins;
• upgrade pricing;
• retail or ticketing strategy; or
• best-value / public-value implications of Caledonian Sleeper pricing.

6. Any correspondence between Transport Scotland and Scottish Rail Holdings Limited, and/or between Transport Scotland and Caledonian Sleeper Limited, concerning the subjects above.

7. Any records identifying the team or role-holder responsible within Transport Scotland for oversight of these matters.

Response

For points 1 to 4 of your request

Whilst we aim to provide information whenever possible, on this occasion the Scottish Government does not hold the information you have requested.

As such, we hereby provide you with a formal notice under section 17(1) of FOISA that the Scottish Government does not have the information you have requested.

For points 5 and 6 of your request

Please find the Annex attached to this letter, which contains documents falling within the scope of your request.

Please note that FOISA gives requesters the right to information, not the right to documents. Accordingly, we have only included information contained within the documents you listed that relates to the points set out in your request.

Whilst we aim to provide information wherever possible, some of the information included in the attached Annex has been redacted in line with the following exemptions:

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. the name of an individual, 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 whether the public interest in disclosing the information outweighs the public interest in applying the exemption.

Section 33(1)(b) - Substantial prejudice to commercial interests

An exemption under section 33(1)(b) of FOISA applies to some of the information requested.

This exemption applies because disclosure of information related to the detailed utilisation of cabins would, or would be likely to, prejudice substantially the commercial interests of Caledonian Sleeper Limited.

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 an 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 Caledonian Sleeper, which operates in a commercially competitive environment. Disclosing this information would give competitors within the rail sector and aviation industry an advantage, thereby negatively affecting its commercial interests.

The information 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.

For point 7 of your request

These matters fall within the remit of Scottish Rail Holdings, who are responsible for overseeing Caledonian Sleeper Ltd. with the exception of monitoring of the Caledonian Sleeper’s adherence to the requirements set out in the Grant Agreement. This monitoring is carried out by the Sponsor Representative (Transport Scotland Rail Sponsorship and Regulation Unit).

The Caledonian Sleeper Grant agreement sets this out in schedule 11, section 1.4: caledonian-sleepergrant-agreement-current.pdf

Under Data Protection Act we are not able to provide names of role holders.

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.

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 202600510552 - Information Released - Annex

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