Animal welfare within Aquaculture and Fisheries: EIR release

Information requested

1. Are there any examples of the COGP being used as evidence in a prosecution under section 24 of the Animal Health and Welfare (Scotland) Act 2006?
2. Are there any examples of prosecutions for welfare offences against farmed fish in Scotland?0
3. Would the Scottish Government adopt the COGP under Section 7 of the Aquaculture and Fisheries (Scotland) Act 2007 if it is willing to accept it as the standard of good practice for the purpose of Section 24 of the 2006 Act and if not why?
4. Has any public body in Scotland investigated the thermolicer or other lice treatments for breaching Section 24 by virtue of being contrary to the COGP?
5. Has any public body in Scotland ever issued a warning issue a care notice under Section 25 of the 2006 for breaches of the COGP?

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.

Response to your request

The answers to your questions are provided below.

1. Are there any examples of the COGP being used as evidence in a prosecution under section 24 of the Animal Health and Welfare (Scotland) Act 2006?

While our aim is to provide information whenever possible, in this instance the Scottish Government does not have the information you have requested. Therefore we are refusing your request under the exception at regulation 10(4)(a) of the EIRs. The reason why that exception applies is explained below.

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 the Scottish Government is not responsible for animal welfare prosecutions and it is the Crown Office and Procurator Fiscal Service (COPFS) who considers whether a prosecution should be brought.

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 the point raised, clearly we cannot provide information which we do not hold.

However, you may wish to contact COPFS directly who may be able to help you. Please find details of how to make a freedom of information request to them at the link below:

Freedom of Information requests | COPFS

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 while another organisation is more likely to hold the information requested, the Scottish Government has been informed by the Animal and Plant Health Agency that to date, there have been no
prosecutions recommended to COPFS in relation to welfare offences under the Animal Health and Welfare (Scotland) Act 2006 regarding farmed fish.

2. Are there any examples of prosecutions for welfare offences against farmed fish in Scotland?

While our aim is to provide information whenever possible, in this instance the Scottish Government does not have the information you have requested. Therefore we are refusing your request under the exception at regulation 10(4)(a) of the EIRs. The reason why that exception applies is explained below.

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 the Scottish Government is not responsible for the animal welfare prosecutions and the Crown Office and Procurator Fiscal Service (COPFS) considers whether a prosecution should be brought.

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 the point raised, clearly we cannot provide information which we do not hold.

However, you may wish to contact COPFS directly who may be able to help you. Please find details of how to make a freedom of information request to them at the link below:

Freedom of Information requests | COPFS

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 while another organisation is more likely to hold the information requested, the Scottish Government has been informed by the Animal and Plant Health Agency that to date, there have been no
prosecutions recommended to COPFS in relation to welfare offences under the Animal Health and Welfare (Scotland) Act 2006 regarding farmed fish.

3. Would the Scottish Government adopt the COGP under Section 7 of the Aquaculture and Fisheries (Scotland) Act 2007 if it is willing to accept it as the standard of good practice for the purpose of Section 24 of the 2006 Act and if not why?

While our aim is to provide information whenever possible, in this instance the Scottish Government does not have the information you have requested. Therefore we are refusing your request under the exception at regulation 10(4)(a) of the EIRs. The reasons why that exception applies are explained below.

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 we have not been asked this question prior to your request and so we held no written response to it at the time of your request.

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 the point raised, clearly we cannot provide information which we do not hold.

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 there are no immediate plans for the Scottish Government to introduce statutory guidance for the fish farming industry through the provisions made in the 2006 Act, nor the Aquaculture and Fisheries (Scotland) Act 2007, as the Scottish Government believes that the totality of the provisions in place, which include robust legislation, policies, and operational practices, are sufficient to help safeguard the health and welfare of farmed fish.

4. Has any public body in Scotland investigated the thermolicer or other lice treatments for breaching Section 24 by virtue of being contrary to the COGP?

While our aim is to provide information whenever possible, in this instance the Scottish Government does not have the information you have requested. Therefore we are refusing your request under the exception at regulation 10(4)(a) of the EIRs. The reasons why that exception applies are explained below.

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 the Animal and Plant Health Agency (APHA) is responsible for considering welfare complaints, and not the Scottish Government, therefore it is the APHA who would hold information on any investigations of this nature. Local Authorities (LAs) and Police Scotland as relevant enforcement agencies may also liaise with APHA in relation to considering animal welfare complaints.

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 the point raised, clearly we cannot provide information which we do not hold.

However, you may wish to contact the APHA (Animal and Plant Health Agency), Police Scotland, or relevant LA directly who may be able to help you. Please find web links to details of how to make a freedom of information request to the APHA, Police Scotland, or a particular LA below:

• How to make a freedom of information (FOI) request: How to make an FOI request - GOV.UK (www.gov.uk)
• Freedom of Information - Police Scotland
• Public Authorities | Scottish Information Commissioner (itspublicknowledge.info)

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 that the Scottish Government has been informed by the APHA that to date, no public body in Scotland has undertaken any investigations into potential welfare breaches of Section 24 of the Animal Health and Welfare (Scotland) Act 2006, for use of the thermolicer or other sea lice treatments, simply by reference to the finfish sector’s Code of Good Practice (COGP).

The APHA is responsible for considering welfare complaints. Investigations conducted by the APHA can include gathering evidence from the relevant producer and the Fish Health Inspectorate (FHI), site inspections by appropriately trained inspectors, consideration of veterinary advice, and indeed, consulting the industry COGP. Depending on the circumstances they may also involve other enforcement agencies including local authorities or the Scottish Society for Prevention of Cruelty to Animals (Scottish SPCA).

5. Has any public body in Scotland ever issued a warning issue a care notice under Section 25 of the 2006 for breaches of the COGP?

While our aim is to provide information whenever possible, in this instance the Scottish Government does not have the information you have requested. Therefore we are refusing your request under the exception at regulation 10(4)(a) of the EIRs. The reason why that exception applies is explained below.

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 the Scottish Government itself is not an authorised ‘inspector’ under the Animal Health and welfare (Scotland) Act 2006 (‘the 2006 Act’). The Animal and Plant Health Agency (APHA), Local Authorities (LAs) can issue Care Notices under Section 25 of the 2006 Act, or issue warning letters, and not the Scottish Government, therefore it is the above referenced organisations who would hold information on any Care Notices or warning letters.

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 the point raised, clearly we cannot provide information which we do not hold.

However, you may wish to contact the APHA or relevant LA directly who may be able to help you. Please find web links to details of how to make a freedom of information request to the APHA and to a particular LA below:

• How to make a freedom of information (FOI) request: How to make an FOI request - GOV.UK (www.gov.uk)
• Public Authorities | Scottish Information Commissioner (itspublicknowledge.info)

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 Scottish Government has been informed by the Animal and Plant Health Agency (APHA) that to date, no Care Notices have been issued in relation to fish farming as yet, but that a number of warning letters have been issued to producers by the APHA following investigations into welfare concerns.

The Scottish Society for Prevention of Cruelty to Animals (Scottish SPCA) are also authorised inspectors and can issue Care Notices under Section 25 of the 2006 Act.

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.