Publication - FOI/EIR release

Proposed provision of complementary airline tickets or rail travel for Ukrainian citizens: FOI release

Published: 19 December 2023
Topic: Public sector
FOI reference: 202200288287
Date received: 16 March 2022
Date responded: 22 April 2022

Information request and response under the Freedom of Information (Scotland) Act 2002.

Information requested

Any and all correspondence between Transport Scotland (including any staff member) and:

any Member of Parliament, Member of the Scottish Parliament, Member of the Welsh Assembly, Member of the London Assembly, or other elected representative within the United Kingdom;
any train operating company within the United Kingdom;
the Department for Transport (including any minister);
any other government department;
any transport executive within the United Kingdom; and
any official from the department’s counterpart in any European Union country (plus Switzerland) and the United States,

--regarding the discussed or proposed provision of complementary airline tickets or rail travel for Ukrainian citizens fleeing their war in their home country.

A copy of all internal notes and emails between Transport Scotland staff, or minutes of any meeting, where this subject was brought up, was also requested.

Response

Please find attached copies of the information we hold which has been requested.

An exemption under section 33(1)(b) of FOISA (disclosure would (or would be likely to) prejudice substantially the commercial interests of any person or organisation) applies to some of the information you have requested because it is commercially sensitive. This exemption has been applied where necessary and, where appropriate, the relevant information has been redacted.

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, transparent and accountable government, and to inform public debate.

However, there is a greater public interest in protecting the commercial interests of companies which enter into correspondence or contracts with Transport Scotland, to ensure that we are always able to obtain the best value for public money and can maintain good relationships with the private sector.

While our aim is to provide information whenever possible, in this instance we are also unable to provide some of the information you have requested because an exemption under section s.38(1)(b) (personal information) of FOISA applies to that information. This section of FOISA applies because it is concerned with the personal data of third parties. In this case, this relates to details of Scottish Government and Transport Scotland officials (below the position of Director) and external correspondents.

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 http://www.gov.scot/foi-responses.