Chamber and committees

All UK train operators are obliged, when introducing new rolling stock, to ensure it is compliant with the technical specification for interoperability for persons with reduced mobility (PRM-TSI) regulations. ScotRail will therefore require Hitachi to deliver the new fleet that meets those standards as part of the acceptance process with the Office of Rail and Road.

Transport Scotland oversees the Abellio ScotRail franchise contract, on behalf of the Scottish Government, and specifies the performance levels that ScotRail should meet.

ScotRail is responsible for providing the specified services and all other functions necessary to support the delivery of train services required of an experienced train operator including operation of the train services, and all customer related services including revenue protection, and taking appropriate measures to deal with unruly behaviour by any passengers, so far as is reasonably practicable in the absence of police assistance, and calling for police assistance when required. Transport Scotland does not have any day to day involvement in this.

Also, Driver Only Operation is a misnomer in the Scottish context. As a key requirement of the existing contract ScotRail is obliged to use all reasonable endeavours to;

Have a second member of staff on each service it operates

Ensure that on each passenger there are sufficient staff whose duties include general provision of customer care duties including provision of information to passengers and ‘helping hand’ assistance to adults with small children and infirm, elderly and disabled passengers who may require such assistance.

This is audited via Transport Scotland’s Service Quality Incentive Regime.

The number of anti-social behaviour offences recorded by British Transport Police in 2015-16 was 1,404, compared to 1,498 in the previous year. This is a reduction of 6%.

<>The Scottish Government enters into all contracts in good faith and it will honour the terms of the existing ScotRail franchise contract, which commenced on 1 April 2015, a year before new powers were granted under the Scotland Act that enable a public sector operator to bid for a rail franchise. Preparatory work is underway by officials to enable a public sector body to be able to do so. ScotRail's programme in meeting its contracted obligations are kept under review and monitored closely.

<>Scottish Ministers do not set ScotRail’s operational policy. We look to the railway, the operator and unions to arrive at a safe, efficient customer focused solution. The term ‘driver only operation’ is a misnomer in the Scottish context, A key requirement of the franchise agreement is that the franchisee uses all reasonable endeavours to have a second member of staff on board each service it operates.

<>We recognise the critical importance of good staff for ScotRail services both at stations and on trains, and this is reflected in our franchise agreement, including a requirement of no compulsory redundancies during the life of the contract.

There is no obligation for Scottish Ministers to discuss the operation of ScotRail services with the UK Government.

Disabled access policy is a reserved matter for the UK Government and our franchisee is required to comply with the relevant legislation. The responsibility for regulating and enforcing the equality legislation rests with the Equality and Human Rights Commission.

Disabled access policy has not been devolved to Scottish Ministers and remains an issue that is reserved to the UK Government.

a) The responsibility for assessing Abellio ScotRail Ltd.’s Disabled People’s Protection Policy (DPPP) rests with the Office of Rail and Road (ORR). The ORR last reviewed Abellio ScotRail Ltd.’s DPPP on 18 May 2016 and published confirmation that it continued to be in compliance with their obligations.

b) Abellio ScotRail Ltd hold a current operating licence on the basis that the ORR continue to be content that that the conditions of their operating licence are being met.

The Scottish Government therefore considers that all services operated by Abellio ScotRail Ltd are compliant with their DPPP and licence obligations.

The franchise agreement contains several specific additional obligations relating to persons with disabilities including, for example, compliance with Disabled People’s Protection Policies (DPPP) and provision of alternative transportation for persons with disabilities.

Abellio provided a fully compliant bid to operate the franchise including a new fleet of trains from Hitachi which met the specification stated in the invitation to tender and have subsequently been included as commitments within the franchise agreement. The four other bids are 'Commercially Confidential'.