- 31 Jul 2017
FOI reference: FOI/17/01608
Date received: 12 July 2017
Date responded: 28 July 2017
You requested information regarding "... surveys every 3 years and are doing one this year and I would be very grateful if you could send us the results from when you started – following the SEPA Report of 16.06.00, which I have. I would be very interested to hear where you might be sampling this year and if you are still to look at Loch Ryan?"
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.
I enclose a copy of some of the information you requested.
Due to the file size of the documents released, copies can be provided on request by emailing firstname.lastname@example.org, quoting the FOI reference number FOI/17/01608.
Documents released on request
Loch Ryan Port FEPA Licence Application: Best Practicable Environmental Option Assessment Revised Report
Port of Cairnryan Ltd - 155035: Cairnryan sea disposal dredging: Best practical environmental option. August 2016.
Cairnryam Berth 1 Linkspan Project. 'Ground investigation, Benthic and Unexplored Ordnance Surevyes 2012. Survey Report. Client: Port Cairnryam Ltd. Ref. CG - 1049 - RPT - 01.
Loch Ryan Port FEPA Licence Application: Best Practicable Environmental Option Assessment, Revised Report September 2009.
Sediment Sampling Stranraer & Kirkcudbright Harbours IKM Factual Report 15691-REP-001.
While our aim is to provide information whenever possible, in this instance we are unable to provide some of the information you have requested because exceptions under regulations 10(4)(a) (do not hold the information) and 11(2) (Personal data) of the EIRs apply to that information. The reasons why those exceptions apply are explained in the Annex to this letter.
Some of the information you have requested is available from the UK Marine Environment Monitoring and Assessment National database (MERMAN; https://www.bodc.ac.uk/projects/data_management/uk/merman/), using the data assessment viewer.
Further information relevant to your request can be found using the following link http://portofcairnryan.co.uk/media/documents/environmental_statement_full.pdf
Reasons for not providing information
Exceptions that apply.
Exceptions under regulation 10(4)(a) and 11(2) of the EIRs apply to some of the information you have requested.
The Scottish Government does not have the information.
Under the terms of the exception at regulation 10(4)(a) of the EIRs (information not held), the Scottish Government is not required to provide information which it does not have. The Scottish Government does not have all the information you have requested as Marine Scotland Science do not undertake triennial surveys of TBT concentrations.
This exception 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 exception. We have found that, on balance, the public interest lies in favour of upholding the exception. While we recognise that there may be some public interest in information about, clearly we cannot provide information which we do not hold.
An exception under regulation 11(2) of the EIRs (personal information) applies to some of the information requested because it is personal data of a third party and disclosing it would contravene the data protection principles in Schedule 1 to the Data Protection Act 1998. This exception is not subject to the 'public interest test', so we are not required to consider if the public interest in disclosing the information outweighs the public interest in applying the exception.
The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at http://www.gov.scot/foi-responses
Please quote the FOI reference
Central Enquiry Unit
Phone: 0300 244 4000
The Scottish Government
St Andrew's House