Pilot whale stranding at Tolsta information: EIR release

Information requested

Release autopsy finding on the pilot whales stranded at Tolsta in 2023.

I tain and make publicly available the equipment data logs from the 36 hours prior to the stranding of the Wind farm survey vessel which was in the area. We demand transparency.

Response

We have interpreted your request to include:

1. Postmortem reports from the 2023 mass stranding of long finned pilot whales on Tolsta, Isle of Lewis on 16 July 2023.

2. Equipment and activity logs from the survey vessel within 36 hours of the stranding event. This time frame is 2 pm on 14 July 2023 until 2 am on 16 July 2023.

In response to part 1 of your request, 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. We are therefore refusing 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 Scottish Marine Animal Stranding Scheme (SMASS) at the University of Glasgow who hold this information. The contact details for the scheme is: reports@strandings.org.

In response to part 2 of your request I enclose a copy of the information you have requested. Please find enclosed two pdf documents released to you.

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.

Additional information provided out with the EIRs

Under regulation 9 of the EIRs (our duty to provide advice and assistance) we would like to advise you that the 2023 annual report by the Scottish Marine Animal Strandings Scheme contains the key pathological findings from the 2023 mass stranding of long finned pilot whales at Tolsta, Isle of Lewis. The report is available online here: Published Reports - SMASS.

ANNEX

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. The Scottish Government does not have the information you have requested because it does not hold the postmortem reports associated with the mass stranding of pilot whales at Tolsta, Isle of Lewis on 16 July 2023. The Scottish Marine Animal Stranding Scheme hold this information, and their contact email is provided in this response.

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 the postmortem reports, 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 https://www.gov.scot/foi-responses.

EIR 202500484316 - Information released - Documents

File type

PDF

File size

757.0 kB