Ministers communications: FOI release

Information requested

You asked for the following information:-

For all communications (emails, letters, texts, WhatsApp messages, phone calls, online meetings, in person meetings) between the Minister for Transport, Cabinet Secretary for Net Zero, Energy & Transport, First Minister, Officials working to aforementioned Ministers, Special Advisors, Transport Scotland, ScotRail, Department for Transport and the Rail Delivery Group on the Rail Fares Strategy for 2022 since 1st October 2021.

I wrote to you 22 December requesting clarification and on 24 January 2022 you confirmed the following:-

Thank you for your follow up on my initial FOI request and your request for clarification. By communications around the "rail fares strategy for 2022" I mean i would like to request the communications outlined in my initial request - concerning rail pricing and any potential fare increases to come into effect in 2022.

Response

I can confirm the following in relation to your request for information:-

Appendix A contains details of communications in relation to your request for information and Appendix B contains details of meetings.

You will see that some of the information has been redacted in line with the following FOISA exemptions:-

Section 17 Information not held
An exemption under section 17 of FOISA (Information not held) held applies to some of the information requested. The reason why this is the case is outlined in Appendix B.

Section 30(b)(i) - Substantial inhibition to free and frank exchange 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 exchange of advice. This exemption recognises the need for officials to have a private space within which to provide free and frank advice between other Scottish Government officials, Ministers, Government officials and third parties.

Disclosing the content of free and frank exchange of advice regarding ScotRail’s Fares would inhibit the exchange of advice in future between officials, Ministers and third parties in relation to areas of future policy making. 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 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 greater public interest in allowing a private space within which officials can exchange full and frank views, as part of the process of exploring and refining the Government’s decision making process. This private thinking space is essential to enable all options to be properly considered, based on the best available advice, so that good policy decisions can be taken. Disclosure is likely to undermine the full and frank discussion of issues between Ministers, officials and third parties, which in turn will undermine the quality of the decision making process, which would not be in the public interest.

Section 30(b)(ii) - Substantial inhibition to free and frank exchange of views
An exemption under section 30(b)(ii) of FOISA (free and frank provision of views) applies to some of the information requested. This exemption applies because disclosure would, or would be likely to, inhibit substantially the free and frank exchange of advice. This exemption recognises the need for officials to have a private space within which to provide free and frank advice between other Scottish Government officials, Ministers, Government officials and third parties.

Disclosing the content of free and frank exchange of advice regarding ScotRail’s Fares would inhibit the exchange of advice in future between officials, Ministers and third parties in relation to areas of future policy making. 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 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 greater public interest in allowing a private space within which officials can exchange full and frank views, as part of the process of exploring and refining the Government’s decision making process. This private thinking space is essential to enable all options to be properly considered, based on the best available advice, so that good policy decisions can be taken. Disclosure is likely to undermine the full and frank discussion of issues between Ministers, officials and third parties, which in turn will undermine the quality of the decision making process, which would not be in the public interest.

Section 33(1)(b) - Substantial prejudice to commercial interests
An exemption under section 33(1)(b) of FOISA (Substantial prejudice to commercial interests) applies to some of the information requested.
This exemption applies because disclosure of this particular information would, or would be likely to, prejudice substantially Abellio ScotRail’s commercial business.

Disclosing this information would be likely to result in data being presented that is still subject to change as it is currently going through internal checks and finalisation. 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 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 a supplier that the Scottish Government holds a contract with.

Section 38 (1) (b) – Third party data
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 companies, 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.

For ease, the information that has been redacted in line with Section 30 (b)(i), Section 30(b)(ii) and Section 33(1)(b) has been clearly marked as follows: -

Section 30(b)(i) Section 30 (b)(ii) Section 33(1)(b)
The remaining information that has been redacted is that which falls into the exemption of section 38 (1)(b) – third party data.

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at http://www.gov.scot/foi-responses.

202100265976_Appendix_A

File type

61 page PDF

File size

996.1 kB

202100265976_Appendix_B

File type

1 page PDF

File size

226.0 kB