Please Come Clean on BMK08!

Scottish Salmon Watch has appealed to the Scottish Information Commissioner (SIC) to force the disclosure of documents in relation to Benchmark's 'Clean Treat' method of lice treatment and has asked both the Scottish Environment Protection Agency (SEPA) and the Scottish Government to review their refusal of information in relation to the secret chemical treatment BMK08 (perhaps also known as Ectosan).

Scottish Salmon Watch's letter to the Scottish Government dated 21 February 2020 includes:

The letter went on to cite a plethora of press coverage – including:

The review letter to the Scottish Government dated 21 February 2020 concluded:

A similar letter was sent by Scottish Salmon Watch to SEPA dated 21 February 2020.

The review letter to SEPA concluded:

Scottish Salmon Watch's appeal filed with the Scottish Information Commissioner on 21 February 2020 included:

Scottish Salmon Watch's letter of appeal (21 February 2020) concluded:

So whilst the Scottish Government and SEPA refuse to disclose information on Clean Treat and BMK08 (which could be the same as Ectosan) investors are pumping money in Benchmark. 

Is BMK08 destined to be a magic bullet or will it be remembered as a toxic trade like a failed Ponzi scheme?  

Whatever the case, surely the public has a right to know certainly before BMK08 is used on Scottish salmon farms (if it has not been used already)?  

When asked for a site visit to the Clean Treat operation and specific information on BMK08, Benchmark replied to Scottish Salmon Watch: 

So whilst SEPA and the Scottish Government are busy behind the scenes protecting big business from public scrutiny, Benchmark employees continue to pump their own money into Clean Treat and lure in investors betting on the future of BMK08.    Does Benchmark already know that the Scottish Government and SEPA has granted permission to use BMK08 across Scotland?

In December 2019, Scottish Salmon Watch reported:

In November 2019, Scottish Salmon Watch won a landmark FOI victory when the Scottish Information Commissioner forced the Scottish Government to disclose 'commercially damaging' data on 'Scottish' salmon.

Read more via:

FOI Victory: Scottish Ministers Forced to Come Clean on 'Scottish' Salmon 

'Scottish' Salmon Exposed As Made in Ireland & Iceland

Scottish Salmon Watch visited Benchmark's Laboratory at Ardtoe in July 2019:

SEPA's lack of transparency in terms of toxic chemical use by salmon farming operations is shocking.  Scottish Salmon Watch Tweeted yesterday (26 February 2020):

Read more via:

Sunday Times: "Official fears revealed over toxic threat of salmon trade"

Cleaning Tox-Sick Scottish Salmon

CleanTreat FOI Disclosures by the Scottish Government to Scottish Salmon Watch

Media Backgrounder: Chemically Embalmed Scottish Salmon

All is Not Well With Sick Scottish Salmon

Update:

SEPA refuse to disclose information on the use of the toxic neonicotinoid insecticide Imidacloprid in salmon farming citing commercial confidentiality https://t.co/6dqW4x0iel @ScottishEPA @FOIScotland If disclosed it would prejudice economic interests @WeAreBenchmark @FerdOwner pic.twitter.com/m88qS2Tv2A

— Don Staniford (@TheGAAIA) June 30, 2020

Our Ref          202000275
   
11 June 2020
 
Dear Mr Staniford
 
Application for Decision by the Scottish Information Commissioner
Public Authority: Scottish Environment Protection Agency

I wrote to you in March to let you know that we were closing the office because of the COVID-19 virus. In line with government guidance, the office premises remain closed.
For the past 12 weeks, my two deputies and I have been working hard to keep the work of the wider Enforcement Team going. While we have been able to accept new applications, respond to enquiries and progress some cases (including issuing a number of decisions), the work we have been able to do has been limited.
The good news is that we are finally able to access our IT systems remotely and so can now access your case file. Five additional members of the team are also now working remotely. We hope to be able to continue to roll out remote access to other members of the Enforcement Team over the next month or so.
I am sorry that your investigation has been delayed, but we should now be able to make some progress. We’ll be in touch as soon as we can.
If you have any questions about your case, or decide you no longer want the investigation to go ahead, please email sjenkins@itspublicknowlede.info.
Thank you for your continued patience. 
 
Yours sincerely

Margaret Keyse
Head of Enforcement

From: Wendy Snedden <wsnedden@itspublicknowledge.info>
Date: Mon, Aug 17, 2020 at 4:24 PM
Subject: Application for Decision by the Scottish Information Commissioner – Scottish Salmon Watch and the Scottish Environment Protection Agency – 202000275
To: salmonfarmingkills@gmail.com <salmonfarmingkills@gmail.com>

Our Ref:     202000275

Date:          17 August 2020

Dear Mr Staniford

Application for Decision by the Scottish Information Commissioner

Applicant:  Scottish Salmon Watch (SSW)

Public Authority:  Scottish Environment Protection Agency (SEPA)

I refer to previous correspondence regarding SSW’s application to the Commissioner.  This relates to its information requests of 23 October 2019 to SEPA, seeking information concerning the treatment of wellboat discharges.

I will investigate SSW’s application and will be your point of contact with this office.  If you have any queries, or would like a progress report at any time, please contact me by email at wsnedden@itspublicknowledge.info.

Scope of investigation

My investigation will be limited to the matter raised in SSW’s application to the Commissioner.  This is to ascertain whether SEPA was entitled to withhold some of the information SSW requested (in part 6 of its request) under the exception in regulation 10(5)(e) (Confidentiality of commercial or industrial information) of the Environmental Information (Scotland) Regulations 2004 (the EIRs).

Public Interest Test

SEPA is withholding some of the information SSW asked for under an exception which is subject to the public interest test, i.e. regulation 10(5)(e) (Confidentiality of commercial or industrial information).  More information about the public interest test can be found here:

http://www.itspublicknowledge.info/Law/FOISA-EIRsGuidance/ThePublicInterestTest/ThePublicInterestTestEIRs.aspx

This means that the Commissioner must balance the public interest in favour of disclosing the information against any public interest there may be in not disclosing it.  I have already noted the public interest arguments set out in SSW’s application to the Commissioner, and note your subsequent emails of 5 and 17 March 2020.   Please let me have any additional comments SSW wishes to submit on why it believes disclosing the information would be in the public interest.

Please provide any further comments by close of business on Tuesday, 1 September 2020.

I will now contact SPEA and give it an opportunity to comment on SSW’s application.  The Commissioner is required, by law, to give authorities an opportunity to comment.

Once I have considered the submissions from both SSW and SEPA, I may contact you again to explore whether it is possible to resolve SSW’s application without the need for a formal Decision Notice.

It is important that you let me know about anything which may be relevant to the investigation.  If SEPA contacts you in relation to SSW’s application, or if SSW finds it no longer needs a decision from the Commissioner, please let me know as soon as possible.   Please also let me know if your contact details change.

Over the last few months, we have received many more applications than usual and our office premises remain closed due to the impact of the Covid-19 pandemic, although staff are working remotely.  This means there might be a slight delay in progressing SSW’s application, however please be assured we will do so as quickly as possible.

I am now on leave until 31 August 2020, however my emails are being monitored in my absence.  On my return, I will be working remotely, normally Mondays to Thursdays.

Information about what we do with the personal information you give us can be found in our Privacy Notice: http://www.itspublicknowledge.info/home/privacy.aspx.  If you would like me to send you a hard copy of the notice, let me know.

It would be helpful if you could acknowledge receipt of this email.

Thank you for your assistance in this matter.

Yours sincerely

Wendy Snedden

Freedom of Information Officer

________________________________________

Scottish Information Commissioner

Kinburn Castle, Doubledykes Road

St Andrews, KY16 9DS

Email:   wsnedden@itspublicknowledge.info

Web:    www.itspublicknowledge.info

Twitter:  @FOIScotland