Breakdown of prosecutions of vessels in Scottish waters: EIR release

Information request and response under the Environmental Information (Scotland) Regulations 2004


Information requested

I would like to know the figures for the last three years (2018 - 2020) on charges, fines, and prosecutions of vessels in Scottish waters. I would like this information broken down by nationality (UK, EU, 3rd country) and the overall value of any fines (if possible)." which you subsequently clarified as - 

  • FPNs issued (2018 - 2020) - broken down by nationality
  • Total number of active cases referred to the Procurator Fiscal - broken down by nationality
  • Total number of active investigations - broken down by nationality
  • Overall value of fines collected during this period - broken down by nationality (if possible)

Response

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.

The information you requested is attached in the Annex. Some of the information in relation to "Total number of active investigations - broken down by nationality" is not available, simply as we do not record it. I have included within the response a brief explanation around this, which you may find helpful. I have also included information, which, although you have not directly asked for it, may help provide some context to the information provided in relation to your request as well as a link to the parliamentary question from which it originated.

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.

FOI202100205187 - Annex

Contact

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

The Scottish Government
St Andrews House
Regent Road
Edinburgh
EH1 3DG

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