Publication - FOI/EIR release

Reporting Azamethiphos, Deltamethrin and Hydrogen Peroxide on Scotland's Aquaculture database: EIR release

Information request and response under the Environmental Information (Scotland) Regulations 2004.
Published:
6 Dec 2018
Reporting Azamethiphos, Deltamethrin and Hydrogen Peroxide on Scotland's Aquaculture database: EIR release
FOI reference: FOI/18/03293  
Date received: 7 November 2018  
Date responded: 6 December 2018
 
Information requested

 

In regard to Marine Scotland’s FoI/18/01265 response and SEPA’s response to "is well boat chemical use included or not via Scotland's Aquaculture database? If so when was well boat chemical use data included?" and associated communications, you asked, “How much Azamethiphos and Deltamethrin has gone unreported? And when will Hydrogen Peroxide be included in the Scotland's Aquaculture database? Could you please disclose details of your "discussions with SEPA"?”. 

 
Response

 

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.

Some of the information you requested is as follows:

In regard to “…please disclose details of your "discussions with SEPA””

Mr Daniel Pendrey’s discussion with SEPA was a telephone conversation that took place on Monday 5 November.  SEPA clarified that the wellboat data is published on the Scottish Pollutant Release Inventory and not on Scotland’s Aquaculture Website.

While our aim is to provide information whenever possible, in this instance the Scottish Government does not have some of the information you have requested, specifically “How much Azamethiphos and Deltamethrin has gone unreported? And when will Hydrogen Peroxide be included in the Scotland's Aquaculture database?”. 

Therefore we are refusing part of your request under the exception at regulation 10(4)(a) of the EIRs.  The reasons why that exception applies are explained in the Annex to this letter.

However, you may wish to contact the Veterinary Medicines Directorate on 0193 233 6911 who may be able to help you.  The VMD holds sales data, not use data.

 
Reasons for not providing information

 

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.

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 well boat chemical use, clearly we cannot provide information which we do not hold.

 
About FOI

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
 

Contact

Please quote the FOI reference
Central Enquiry Unit 
Email: ceu@gov.scot
Phone: 0300 244 4000 

The Scottish Government 
St Andrew's House 
Regent Road 
Edinburgh 
EH1 3DG