- 5 Sep 2018
FOI reference: FOI/18/02121
Date received: 7 August 2018
Date responded: 4 September 2018
You asked for Scottish Government to provide information on disposal of mortalities at Whiteshore Cockles, including correspondence with European Commission and any other documents and information relating to the derogation, disposal system, burial and installation since 1 January 2015.
As the information you have requested is ‘environmental information’ for the purposes of the Environmental Information (Scotland) Regulations 2004 (EIRs), we are required to deal with your request under those Regulations. We are applying the exemption at section 39(2) of the Freedom of Information (Scotland) Act 2002 (FOISA), so that we do not also have to deal with your request under FOISA.
This exemption is subject to the ‘public interest test’. Therefore, taking account of all the circumstances of this case, we have considered if the public interest in disclosing the information outweighs the public interest in applying the exemption. We have found that, on balance, the public interest lies in favour of upholding the exemption, because there is no public interest in dealing with the same request under two different regimes. This is essentially a technical point and has no material effect on the outcome of your request.
Please find attached the documents held by Scottish Government on mortalities at Whiteshore Cockles, including correspondence with European Commission and any other documents and information relating to the derogation, disposal system, burial and installation since 1 January 2015.
The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at https://www.gov.scot/foi-responses
Please quote the FOI reference
Central Enquiry Unit
Phone: 0300 244 4000
The Scottish Government
St Andrew's House