-  Asked by:     Neil Bibby, MSP for West Scotland, Scottish Labour
 
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                                            Date lodged: Wednesday, 27 July 2016
                                        
 
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                                        Current Status:
                                            Answered by   Humza Yousaf on 22 August 2016
                                    
 
                                
                            
To ask the Scottish Government, further to the answer to question S5W-01080 by Humza Yousaf on 15 July 2016, how it assesses the endeavours to maintain the minimum staffing level.
                                Answer
                                    
On average 180 services are audited each four weekly period as part of the regular SQUIRE monitoring process.
 
                         
                        
                            
                                
                                
                                        -  Asked by:     Neil Bibby, MSP for West Scotland, Scottish Labour
 
                                        - 
                                            Date lodged: Wednesday, 27 July 2016
                                        
 
                                    - 
                                        Current Status:
                                            Answered by   Humza Yousaf on 22 August 2016
                                    
 
                                
                            
To ask the Scottish Government whether it will provide a breakdown of the payments made under the Schedule 8 scheme by Network Rail to ScotRail for disruption to services in each year since 2008.
                                Answer
                                    
Schedule 8 forms part of the Track Access Agreement between ScotRail and Network Rail. The Scottish Government is not a signatory to the Agreement and therefore does not hold the information.
 
                         
                        
                            
                                
                                
                                        -  Asked by:     Neil Bibby, MSP for West Scotland, Scottish Labour
 
                                        - 
                                            Date lodged: Tuesday, 28 June 2016
                                        
 
                                    - 
                                        Current Status:
                                            Answered by   Humza Yousaf on 26 July 2016
                                    
 
                                
                            
To ask the Scottish Government how the introduction by ScotRail of class 385 trains configured for driver-only operation will impact on disabled people and whether these services will be compliant with the operator's obligation to make all reasonable endeavours to assist disabled people.
                                Answer
                                    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.
                         
                        
                            
                                
                                
                                        -  Asked by:     Neil Bibby, MSP for West Scotland, Scottish Labour
 
                                        - 
                                            Date lodged: Tuesday, 28 June 2016
                                        
 
                                    - 
                                        Current Status:
                                            Answered by   Humza Yousaf on 26 July 2016
                                    
 
                                
                            
To ask the Scottish Government what assessment it has made of the impact that driver-only operated trains have on (a) revenue protection and (b) antisocial behaviour on ScotRail services.
                                Answer
                                    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%.
 
                         
                        
                            
                                
                                
                                        -  Asked by:     Neil Bibby, MSP for West Scotland, Scottish Labour
 
                                        - 
                                            Date lodged: Tuesday, 28 June 2016
                                        
 
                                    - 
                                        Current Status:
                                            Answered by   Humza Yousaf on 21 July 2016
                                    
 
                                
                            
To ask the Scottish Government what its position is on using the break clause in the ScotRail franchise agreement to allow for consideration to be given for a public sector bid to provide the service, and what (a) preparations and (b) discussions its officials have had regarding this.
                                Answer
                                    <>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.
                         
                        
                            
                                
                                
                                        -  Asked by:     Neil Bibby, MSP for West Scotland, Scottish Labour
 
                                        - 
                                            Date lodged: Tuesday, 28 June 2016
                                        
 
                                    - 
                                        Current Status:
                                            Answered by   Humza Yousaf on 21 July 2016
                                    
 
                                
                            
To ask the Scottish Government what its position is on ScotRail increasing the number of driver-only operated passenger services. 
                                Answer
                                    <>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.
                         
                        
                            
                                
                                
                                        -  Asked by:     Neil Bibby, MSP for West Scotland, Scottish Labour
 
                                        - 
                                            Date lodged: Tuesday, 28 June 2016
                                        
 
                                    - 
                                        Current Status:
                                            Answered by   Humza Yousaf on 21 July 2016
                                    
 
                                
                            
To ask the Scottish Government what assessment it has made of the benefits of staffing on (a) ScotRail trains and (b) railway stations.
                                Answer
                                    <>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.
                         
                        
                            
                                
                                
                                        -  Asked by:     Neil Bibby, MSP for West Scotland, Scottish Labour
 
                                        - 
                                            Date lodged: Tuesday, 28 June 2016
                                        
 
                                    - 
                                        Current Status:
                                            Answered by   Humza Yousaf on 19 July 2016
                                    
 
                                
                            
To ask the Scottish Government what discussions it has had with the UK Government regarding ScotRail using driver-only operated services and whether this complies with the operator's public equality duty required under the Equality Act 2010.
                                Answer
                                    There is no obligation for Scottish Ministers to discuss the operation of ScotRail services with the UK Government.
                         
                        
                            
                                
                                
                                        -  Asked by:     Neil Bibby, MSP for West Scotland, Scottish Labour
 
                                        - 
                                            Date lodged: Tuesday, 28 June 2016
                                        
 
                                    - 
                                        Current Status:
                                            Answered by   Humza Yousaf on 19 July 2016
                                    
 
                                
                            
To ask the Scottish Government whether it has carried out an equality impact assessment of driver-only operated trains on ScotRail services and whether such services comply with equalities legislation.
                                Answer
                                    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.
                         
                        
                            
                                
                                
                                        -  Asked by:     Neil Bibby, MSP for West Scotland, Scottish Labour
 
                                        - 
                                            Date lodged: Tuesday, 28 June 2016
                                        
 
                                    - 
                                        Current Status:
                                            Answered by   Humza Yousaf on 19 July 2016
                                    
 
                                
                            
To ask the Scottish Government  what assessment it has made of the ScotRail (a) disabled people’s protection policy and (b) operating licence obligations, and whether it considers that driver-only operated services are compliant with them.
                                Answer
                                    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.