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202200323664 · FOI · partially withheld

Caledonian Sleeper performance and contracts: FOI release

Published
2023-12-05
Received
2022-10-06
Responded
2022-11-02
Directorate
Topic
Public sector
Exemptions
38(1), 34(1), 20

Information requested

Communication between the Scottish Government and Serco regarding the termination of Serco's contract to run the Caledonian Sleeper service. Performance figures for the Caledonian Sleeper service over the last 10 years, including % of cancelled or late trains if available, customer satisfaction if available, and any other indicators for which consistent data is kept for the purposes of making decisions on the Caledonian Sleeper. Analysis done by the Scottish Government regarding the financial performance of the Caledonian Sleeper in the last year (2021-2022).

Response

I would refer you to Appendix A for the documents that fall within scope noting that 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. The information you have requested is published on the Office of Rail and Road (ORR) website (National Archives) and can be accessed here. To note, this information is available up to 2019/2020. Serco Caledonian Sleepers Limited’s financial statements for the period 2021-2022 have not yet been finalised and audited. Once complete these will be published on Companies House and will be available for public consumption.

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

Response I would refer you to Appendix A for the documents that fall within scope noting that 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.

Attachments

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