Seòmar agus comataidhean

The Scottish Government does not hold any contracts with P&O Ferries, and has no plan to issue guidance to public bodies regarding bookings with P&O Ferries.

Anti-social behaviour is unacceptable on Scotland's Railway and in wider society. The Scottish Government intends to have discussions with stakeholders about potential routes for banning people who commit anti-social behaviour on railways, including the use of measures available under current antisocial behaviour legislation, and the extent to which any additional powers or offences might be desirable.

I recently met with the Chief Constable of British Transport Police and discussed anti-social behaviour on trains, including the importance of collaboration with Police Scotland, facilitating and encouraging passengers to report incidents of anti-social behaviour as they happen, and aspects of anti-social behaviour on trains linked to football matches.

Abusing or threatening railway workers could lead to prosecution under current legislation, such as section 38 of the Criminal Justice and Licensing (Scotland) Act 2010, or the common law, for example for a breach of the peace. It is considered that primary legislation may be required to create a new offence that involves the threatening or abuse of railway workers specifically and that is something we will wish to explore within our deliberations. Conversations with Justice colleagues are at a preliminary stage and will continue, in tandem with Trade Union consultation, to explore all possible legal options which may be available.

Our Fair Fares Review is in its initial planning stages. I recently undertook to provide the Scottish Parliament's Committee for Net Zero, Energy and Transport with further details on the Scottish Government's plans and timescales for the review. I will share this information with the Committee after the pre-election period for the Scottish local government elections. The Scottish Government engages and consults extensively with stakeholders, transport users and delivery partners, including Trade Unions, on a range of transport issues and this approach will be reflected throughout the course of the Fair Fares Review.

The Scottish Government is continuing to take action to make public transport more affordable through schemes such as the current ScotRail promotional campaign which will enable people to travel for half the normal price on off-peak train services across Scotland next month and the “Kids Go Free” promotion which enabled children to travel for free on Scotland's Railway during its first weekend in public ownership.

There are no current plans to deploy Operator of Last Resort (OLR) arrangements for Caledonian Sleeper services. Consequently, the Scottish Government has not undertaken an assessment of the costs associated with OLR at this time.

Transport Scotland on behalf of Scottish Ministers has contingency arrangements in place for OLR which could be mobilised in the event a franchise agreement is terminated or otherwise comes to an end and no further franchise agreement has been entered into, in line with the Scottish Ministers’ duty under Section 30 of the Railways Act 1993.

There is no management fee payable under the Temporary Measures Agreement (TMA), instead there is a small, capped, incentive payment – linked strictly to performance.

As the performance payments relate to potential future revenues receivable by Serco Caledonian Sleepers Limited, this information is currently commercially sensitive.

Overall values will be determined following a full financial reconciliation after the end of the TMA term on 31 March 2023.

In February 2021, when the scale and pace of the recovery from the impact of the Covid 19 pandemic remained uncertain, a prior information notice (PIN) was published to preserve the Scottish Ministers’ ability to award a Temporary Measures Agreement (TMA) for the Caledonian Sleeper franchise from March 2022, following expiry of the Emergency Measures Agreement, should it be necessary at that stage to continue such support.

The TMA, signed on 28 February 2022, is an agreement between the Scottish Ministers and Serco Caledonian Sleepers Limited (‘Serco’). The TMA does not represent a unilateral decision taken by the Scottish Government.

The necessity of a TMA with Serco, to continue Emergency Measures type support for the Caledonian Sleeper franchise, was considered by the Scottish Government at various points during 2021 and in the early part of 2022.

Thereafter, on 25 February 2022, the Scottish Government presented a draft version of the TMA to Serco for consideration. The TMA was finalised and agreed between the Scottish Ministers and Serco on 28 February 2022.

It was announced that the Scottish Government had agreed a new Temporary Measures Agreement with Serco Caledonian Sleepers Limited in a letter to the Convener of the Scottish Parliament’s Net Zero, Energy and Transport Committee on 17 March 2022. An announcement was also published on the Transport Scotland website on the same day.

https://www.parliament.scot/-/media/files/committees/net-zero-energy-and-transport-committee/correspondence/2022/20220317_jenny_gilruth_msp_to_convener_additional_funding_support.pdf .

https://www.transport.gov.scot/news/ministerial-statement-additional-funding-support-for-rail-services/ .

In addition to taking forward a National Conversation on rail, we will be consulting specifically on women’s safety when using public transport.

The specific means by which we carry out this engagement will be informed by initial discussions with women’s groups organisations, Trade Union partners and wider stakeholders. A range of options will be presented for how this engagement takes place. It is envisaged that these will include options for engagement that is open to all, focussed on specific groups or combines elements of both.

Specific timescales will be outlined following initial discussions with the relevant representative groups on the preferred approach for carrying out this engagement.

Transport Scotland officials are currently finalising the programme of activities for the National Rail Conversation and more information, including how (a) trade unions and (b) the public can get involved, will be announced in May after the Local Elections.