Transport Scotland or Scottish Government requests to Network Rail to or look at cutting or returning any operations, maintenance and renewals funding: EIR release

Information requested

1. Has Transport Scotland or Scottish Government requested Network Rail to or look at cutting or returning any operations, maintenance and renewals funding in CP6? This would include the future years of CP6.
2. If any request was made for a cut or reduction. How much was asked for?
3. All correspondence between transport scotland and network rail relating to any request made?

Response

I can confirm the following in response to the above:

1. Has Transport Scotland or Scottish Government requested Network Rail to or look at cutting or returning any operations, maintenance and renewals funding in CP6? This would include the future years of CP6?
2. If any request was made for a cut or reduction. How much was asked for?
   In July 2020, as we started to emerge from the COVID-19 restrictions, Transport Scotland, to ensure the best use of public funds, asked Network Rail to consider whether it would be able to fully recover its OM&R works programme and deliver it efficiently by the end of Control Period 6 (2019-2024).
   
   In particular, Transport Scotland asked Network Rail to approach the Office of Rail and Road (ORR) to seek permission to reduce the overall funding requirements in Control Period 6 (2019 – 2024) by at least £67m. This was based on the projected Network Grant requirements from Network Rail for FY 2020/21 (£462m) set against the Scottish Government budget (£529m). It is Transport Scotland’s role as funder to ensure that any budget is properly allocated and utilised in a way that delivers the maximum benefit against public funds.
   
   In August 2021, following discussions with Network Rail Scotland regarding revenue loss due to the pandemic and therefore the challenge of restoring the net cost to Government of the rail sector to sustainable levels, Transport Scotland asked that Network Rail look for a reduction in its baseline budget of approximately £65 million in both FY 2022-23 and FY 2023-24.
   
   However, despite the above work in 2020 and 2021, to examine the option of Network Rail reducing its funding requirement it was agreed that there would be no requirement to change the overall Control Period 6 (2019 – 2024) funding levels at this point in time. The overall planned rail infrastructure budget for Control Period 6 (2019-2024) currently remains at £2,245m.
3. All correspondence between Transport Scotland and Network Rail relating to any request made?
   All correspondence between Transport Scotland and Network Rail falling within the scope of your request is contained in Appendix A and also contained with the pdf file attached.
   
   Some information has been redacted against the following exceptions:
   
   Section 10(5)(e)
   An exception under regulation 10(5)(e) of EIRs (Substantial prejudice to confidentiality of commercial or industrial information) applies to some of the information you have requested. This exception applies because the disclosure would, or likely to harm the commercial interests of a third party.
   
   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 some public interest in release because where possible we would share financial information of a third party if the release of information did not impact on their commercial business. However, this is outweighed by the public interest in upholding the confidentiality of a third party’s commercial information which could impact upon their ability to secure value for public money.
   
   Section 11(2)
   An exemption under Section 11(2) of the EIRs (Third party personal data) 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 10(5)(e) and has been clearly marked.
   
   The remaining information that has been redacted is that which falls into the exemption of section 11(12) – third party personal data.

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Letter to Andrew Haines - refund position - 202200300321

File type

3 page PDF

File size

146.7 kB

Appendix A - 202200300321

File type

5 page PDF

File size

116.6 kB