Further information requested from FoI/19/01324: EIR release

Information requested

“…enforcement outcomes (8 in total) between 16th August 2015 and 25th May 2019 - please see FOI doc attached -  FoI/19/01234.

1 - I wish to request the names of boats and their owners in these cases.

2 - Can you tell me where each of these incidents took place?

3 - I also request copies of any letters sent to the above people.

4 - Can you also advise please how much people were fined in relation to the three cases when fixed penalty notices were given?”

Response

I enclose a copy of some of the information that you have requested.  This can be found at the annex.

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 Article 5(1) of the General Data Protection Regulation and in section 34(1) of the Data Protection Act 2018. 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.

Annex

1 - I wish to request the names of boats and their owners in these cases.

In our view, the exception applies here.

2 - Can you tell me where each of these incidents took place?

All incidents relate to the South Arran Marine Protected Area.  You may wish to know that in addition to those incidents, there has been a further suspected incursion ino the South Arran Marine Protected Area which has been reported to the Crown Office and Procurator Fiscal Service.

3 - I also request copies of any letters sent to the above people.

In our view, the exception applies here.

4 - Can you also advise please how much people were fined in relation to the three cases when fixed penalty notices were given?

Guidance on fixed penalties can be found here: https://www2.gov.scot/Resource/0048/00483779.pdf. Generally speaking for offences in relation to MPAs the fine levied for a first offence is £2000.  In these cases the fines were 2 x £2,000 and 1 x £4,000.

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