FOI/202600516051 · FOI · partially withheld
Transport Scotland - Demand Responsive Transport (DRT) fare comparison analysis: FOI release
Information requested
Information relating to Transport Scotland’s determination that a proposed Demand Responsive Transport (DRT) service submitted by McColl’s Travel Ltd is not an eligible service under the National Concessionary Travel Schemes.
Your request consisted of six sections, we have responded to these below:
You asked for:
1. A list of all DRT services considered as “comparable services” in reaching this determination. 2. The adult single fare structures used for each comparator. 3. The mileage bands or journey distances used in the comparison. 4. Any criteria, thresholds or internal guidance used to determine what constitutes “significantly higher” fares under:
Article 5(2)(c) and Article 5(3) of the 2006 Order; and Article 17 of the 2021 Order.
5. Any internal reports, analysis or briefing documents used in reaching the decision. 6. Any internal or external correspondence relating to the assessment of this proposal.
Response
Some of the information you have requested is provided at Annex A and Annex B. An exemption under section 33(1)(b) of FOISA (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 the commercial interests of other bus operators. The process of setting of fares and pricing for contracts is confidential, and disclosing this information would be likely to give competitors an advantage in setting fares and in tendering for contracts to provide services, which would substantially prejudice their ability to submit competitive tenders and so could significantly harm their commercial business.
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. However, there is a greater public interest in protecting the commercial interests of companies which operate in the commercial bus market and also tender for public contracts.
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.
Detected exemption language
An exemption under section 33(1)(b) of FOISA (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 the commercial interests of other bus operators. 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.