A 77-YEAR-OLD campaigner who spent years challenging the Welsh Government over its TrawsCymru bus network has been ordered to pay £2,114.10 and now faces restrictions on future Freedom of Information (FOI) appeals on the issue. He claims he is being punished for exposing misconduct; officials and a tribunal say his actions were vexatious.
Tribunal ruling
The First-tier Tribunal (Information Rights) has ordered Dr John McTighe to pay the Welsh Government’s costs and ruled that any future FOI appeals by him on historic TrawsCymru matters can only proceed if he first obtains the Tribunal’s permission. The decision was reached on 28 August 2025 by a panel of Brian Kennedy KC, Paul Taylor and Susan Wolf, following a 2023 judgment which had already found his requests vexatious under section 14 of the FOI Act.
The panel said McTighe’s litigation amounted to “an abuse of the FOIA process,” highlighted distress caused to a named civil servant, and accepted that both a financial penalty and a curb on future appeals were in the public interest to protect resources. The order requires the costs to be paid within 28 days.
The Tribunal also noted that South Wales Police had already investigated the matters raised by McTighe and found no offences, weighing this as a factor against the public interest in allowing further appeals.
The campaigner and his claims
McTighe, a retired bus user, has challenged the Welsh Government since 2017 over timetable changes and passenger data. He alleges that TrawsCymru passenger statistics for 2018–19 were falsified to justify policy and publicity claims, including a reported “45% increase” and the success of free weekend travel.
In his papers, he argues figures were manipulated, pointing to the T2 route where patronage was recorded at 691,628—exactly double the previous year’s 345,814—before being revised back in later reports. He claims this shows the numbers were wrong. He also accuses ministers and officials of suppressing scrutiny and blacklisting him as “vexatious” from 2017.
Officials dispute these claims and police did not bring charges.
Why the Tribunal imposed sanctions
The Tribunal found McTighe had brought at least six FOI appeals on similar themes, with two earlier rulings already upholding “vexatious” findings. It said his conduct was unreasonable, obsessive, and caused “considerable distress” to a staff member.
Even after losing his 2023 appeal and being refused permission to appeal further, he continued with related proceedings and widespread email campaigns, which the panel described as part of the same pattern.
Given this history, the Tribunal ruled that a costs order and a leave requirement for future appeals were proportionate to prevent further distress and protect public funds.
McTighe insists the ruling is “punishment” for exposing wrongdoing. In emails to politicians and the press, he argues that police and the Tribunal ignored his evidence and that key documents should still be disclosed. He describes the case as a test of transparency and says there is strong public interest in how passenger data was used. He has indicated he will not pay the costs.
Under section 14 of the Freedom of Information Act, authorities can refuse requests deemed vexatious. The Tribunal accepted this position in 2023. Rule 10 of the Tribunal’s procedural rules allows costs to be awarded where a party has acted unreasonably, while Rule 5 permits case-management restrictions, such as the leave requirement now imposed.
As of 29 August 2025, the Tribunal’s order stands. McTighe owes £2,114.10 and cannot bring new appeals on historic TrawsCymru matters without permission. Supporters may see this as a chilling precedent for whistle-blowers, while officials view it as a necessary measure to protect staff and public resources.
The accuracy of the disputed passenger statistics themselves remains untested in court.
