FOI disclosure on Whiteshore Cockles from Western Isles Council (31 January 2023)

From: Tim Langley <tim.langley@cne-siar.gov.uk>
Date: Tue, Jan 31, 2023 at 9:49 AM
Subject: RE: FOI review request re. Whiteshore Cockles since 1 November 2021 [Ticket#2022102127000047]
To: Don Staniford <salmonfarmingkills@gmail.com>
Cc: Freedom of Information Requests <foi@cne-siar.gov.uk>

Good morning Mr Staniford

I refer to your request for review below.  I apologise for the delay in replying to you.

You original request was as follows:

Please provide information on Whiteshore Cockles since 1 November 2021.

Please include emails, letters, complaints and any other documentation pertaining to Whiteshore Cockles since 1 November 2021.

Please include any mortality data received relating to the disposal and transport of farmed salmon to Whiteshore Cockles since 1 November 2021. 

A recent FOI disclosure this week from the Scottish Government includes emails showing that mortality data was recently reported for the first time to Comhairle nan Eilean Siar following the establishment of a task force in 2021.  Please therefore include any data, reports and other information detailing the weight and number of mortalities being disposed of and transported to Whiteshore Cockles since 1 November 2021.

The Comhairle’s response was as follows:

On 4/10/2022 the Comhairle received a complaint regarding the smell related to the location. The complainant was advised to contact the Scottish Government.

Any other information held is exempt from release under Section 30(c) of the Freedom of Information (Scotland) Act 2002 – Prejudice to effective conduct of public affairs.

Disclosure of the requested information would seriously erode the Comhairle’s ability to discharge its statutory obligations in respect of environmental health, and there would be an increased risk of future non-compliance by businesses.

The public interest in withholding the information outweighs the public interest in disclosing it

You were dissatisfied with that response.  I understand that you have since been provided with a copy of the complaints in question, so I have not reviewed that element of the request.  In relation to the other aspects of the request, I have concluded that, although the nature of the information requested falls within the exemption provided for in s30(c) of the Act, for the most part the public interest in disclosing the information outweighs the public interest in maintaining the exemption..  I therefore overturn the original decision of the Comhairle and attach the documents falling within the scope of your request.  Mobile phone numbers have been redacted.  One email, relating to planning permission at Whiteshore’s site, has been withheld on the basis that it is internal to the Comhairle and I believe that the public interest in not disclosing it, thereby enabling the Comhairle’s staff to discuss matters freely between themselves for the purposes of carrying out their statutory functions, is more important than the public interest in disclosing it.  Upon investigation, it is apparent that the Comhairle does not hold mortality data relating to the period from 1 November 2021.

Should you remain dissatisfied after completion of the review process you may, within 6 months, apply to the Scottish Information Commissioner, Kinburn Castle, Doubledykes Road, St Andrews, Fife, KY16 9DS, to establish whether your request for information has been processed in accordance with Part 1 of the Freedom of Information (Scotland) Act 2002.  You may make your application online at www.itspublicknowledge.info/Appeal.  Should you remain dissatisfied after the conclusion of an application to the Scottish Information Commissioner you have the right to appeal to the Court of Session on a point of law.

Yours sincerely

Tim Langley

Ceannard Lagha agus Riaghlachais| Comhairle nan Eilean Siar| Rathad Shanndabhaig| Steornabhagh| Eilean Leodhais| HS1 2BW

Head of Law and Governance| Comhairle nan Eilean Siar| Sandwick Road| Stornoway| Isle of Lewis| HS1 2BW

tim.langley@cne-siar.gov.uk | 01851 822604 | Ext 211214 | 07970 552 371

Documents posted online here:

#1 PDF Re_ Whiteshore Cockles – Task and Finish Group 2 …_redacted

#2 PDF Whiteshore Cockles – Task and Finish Group – bu…_redacted

#3 PDF Whiteshore Cockles – Task and Finish Group – fu…_redacted

#4 PDF 211102 APHA_redacted

#5 PDF 211102 FHI-SG_redacted

#6 PDF 211102 SG_redacted

#7 PDF 211104 SEPA_redacted

#8 PDF 211109 SEPA_redacted

#9 PDF 211117 LA_redacted

#10 221004 SG_redacted

#11 PDF FOI info with 4 attachments_redacted

#12 PDF FW_ Whiteshore Cockles_redacted

#13 PDF Re_ Task and Finish Group – Whiteshore Cockles …_redacted

#14 PDF RE_ Whiteshore Cockles – Task and Finish Group …_redacted

#15 PDF Re_ Whiteshore Cockles – Task and Finish Group 1 …_redacted