FOI/19/00304 · FOI · partially withheld
Correspondence with the UK Government regarding devolution of Network Rail: FOI release
Information requested
“Please provide copies of all correspondence between the Scottish Government and the UK Government regarding the devolution of Network Rail since 1st January 2018.”
Response
I enclose a copy of the information you requested.
Item Date From Document Title Attachment 1 10/10/18 TS UK Rail review – letter to DfT Perm Sec – October 2018 Annex 2 2 14/01/19 DfT UK Rail Review – Keith Williams call with Bill Reeve, Director of Rail, Transport Scotland, 14 January 2018 Annex 2
While our aim is to provide information whenever possible, in this instance we are unable to provide some of the information you have requested because exemptions under sections s.30(b)(i) and s.30(b)(ii) of FOISA apply to that information. The reasons why those exemptions apply are explained in the Annex to this letter.
ANNEX
REASONS FOR NOT PROVIDING INFORMATION
An exemption applies, subject to the public interest test
An exemption under section s.30(b)(i) and s.30(b)(ii) of FOISA applies to some of the information you have requested. This is because the information relates to the free and frank provision of advice and exchange of views.
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 some public interest in release as part of open, transparent and accountable government. However, this is outweighed by the strong public interest in maintaining the right to confidentiality of communications between officials, including whilst we are still developing an agreed policy position.
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.
Detected exemption language
Item Date From Document Title Attachment 1 10/10/18 TS UK Rail review – letter to DfT Perm Sec – October 2018 Annex 2 2 14/01/19 DfT UK Rail Review – Keith Williams call with Bill Reeve, Director of Rail, Transport Scotland, 14 January 2018 Annex 2 While our aim is to provide information whenever possible, in this instance we are unable to provide some of the information you have requested because exemptions under sections s.30(b)(i) and s.30(b)(ii) of FOISA apply to that information. The reasons why those exemptions apply are explained in the Annex to this letter. ANNEX REASONS FOR NOT PROVIDING INFORMATION An exemption applies, subject to the public interest test An exemption under section s.30(b)(i) and s.30(b)(ii) of FOISA applies to some of the information you have requested. 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.