Transport Scotland meets regularly with a range of industry stakeholders including Network Rail and the Department of Transport to discuss a range of topics including industrial relations issues. The Minister for Transport and Islands has also recently had a number of discussions with both the RMT and the ScotRail Alliance to encourage both parties to continue to talk in order to find an operational solution.

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.

<>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.

<>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.

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

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.

The design of the fleet has been agreed and the first tranche of class 385s are currently being built and tested in Japan. Work begins next month to assemble the remainder of the fleet at Hitachi’s new factory in Newton Aycliffe, County Durham. ScotRail plan to introduce them into service between autumn 2017 and early 2019 on various routes in the central belt.

The timing of modifications on the production schedule and related costs are a commercial matter for ScotRail and Hitachi.

(a) The franchise agreement is not in breach of the Equality Act 2010. 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.

(b) 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.