FOI/202400436483 · FOI · partially withheld
ScotRail Peak Fares Removal Pilot: FOI release
Information requested
Correspondence between the First Minister and the Cabinet Secretary responsible for Transport (and/or the minister responsible for transport) since April 2024 concerning the peak fares removal trial.
Correspondence between the Finance Secretary and the Cabinet Secretary responsible for Transport (and/or the minister responsible for transport) since April 2024 concerning the peak fares removal trial.
Response
Please find attached to this letter annex A which contains the material requested.
Whilst we aim to provide the information wherever possible, some of the information in the attached annex has been redacted in line with the following FOISA exemptions:
Section 29(1)(b) - Ministerial communications
An exemption under section 29(1)(b) of FOISA - Ministerial communications, applies to some of the information you have requested. This exemption recognises the need for Scottish Ministers to have a private space within which they can communicate openly. This exemption applies because disclosure would, or would be likely to, inhibit substantially the openness and frankness of exchanges of communication between Ministers in the future.
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 Ministers can exchange information, as part of the process of exploring and refining the Government’s decision making process. This private space is essential to enable all options to be properly considered, based on the best available advice, so that good quality decisions can be taken. Disclosure is likely to undermine the full and frank communication between Ministers, which in turn, will undermine the quality of the decision making process, which would not be in the public interest.
Section 38(1)(b) – Personal data of a third party
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 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.
Please note, information that has been redacted has been clearly marked with the relevant exemption i.e. 29(1)(b). The remaining information that has been redacted is that which falls into the exemption of section 38(1)(b) – third party personal 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 https://www.gov.scot/foi-responses.
Detected exemption language
Whilst we aim to provide the information wherever possible, some of the information in the attached annex has been redacted in line with the following FOISA exemptions: Section 29(1)(b) - Ministerial communications An exemption under section 29(1)(b) of FOISA - Ministerial communications, applies to some of the information you have requested. This exemption recognises the need for Scottish Ministers to have a private space within which they can communicate openly. This exemption applies because disclosure would, or would be likely to, inhibit substantially the openness and frankness of exchanges of communication between Ministers in the future. 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.