Whiteshore Cockles: EIR release

Information requested

Requesting information regarding Whiteshore Cockles, HS6 5DY since November 2021, including, but not limited to, internal & external correspondence, reports, minutes of meetings and other documents that mention Whiteshore Cockles.

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.

Response to your request
I enclose a copy of most of the information you requested.

Information being released

Please find attached a large pdf document which includes email communications relating to Whiteshore Cockles from 17 September 2022 to 3 June 2024 with accompanying annexes A to H, a pdf document which includes email communications relating to Whiteshore Cockles from the Fish Health Inspectorate (FHI) and a Fish Health Inspectorate (FHI) case sheet detailing information relating to a visit to Whiteshore Cockles.

In addition, the following extracted information relates to movement requests from communications and documentation relevant to fish farm sites which are subject to statutory control measures for listed disease, where permission has been requested to dispose of mortalities / dead fish:

• On arrival at Whiteshore Cockle mortality operation, bins are unloaded in the pit shed and morts are then processed in the drying plant by heating them to 135 degrees killing all pathogens. Bins are tipped, cleaned and disinfected on site.
• At Whiteshore Cockles Lorries/skips are emptied, washed, steam cleaned and then disinfected with Virkon. They keep skips segregated for each company, so anything coming from Bakkafrost will be returned to Bakkafrost when the skips are exchanged. The waste is dry rendered – whole carcasses go into a delivery pit, then are minced down to 20mm. The waste is then heat treated to 160deg, sent through a screw press with liquid and meal separated. The meal is used to fire the biomass burner and run the plant, while the oil is sent for further processing at Dundas.

Publicly available information

Some information relating to your request is publicly available through the Scottish Government (SG) website. Details of aquatic animal health surveillance, undertaken by the SG Fish Health Inspectorate, are routinely published. This includes information obtained during the course of the inspection and in many cases will detail the method and/or location of the disposal of fish farm mortalities. You can access this information through the following link: Publication of Fish Health Inspectorate information - gov.scot (www.gov.scot)

In addition, Whiteshore Cockles has been the subject of a number of historical requests for information. The SG publishes most responses to FoI and EIR requests, in particular where information is released. You can access published requests through the following link: Publications - gov.scot (www.gov.scot)

Under regulation 6(1)(b) of the EIRs, we do not have to give you information which is already publicly available and easily accessible to you in another form or format. If, however, you do not have internet access to obtain this information from the website(s) listed, then please contact me again and I will send you a paper copy.

Some of the information you have requested is similar to a number of EIRs we have had over the years. The last request like this was on 17 September 2022 (862). That EIR asked for all Whiteshore Cockle information since 12 November 2021. In this case we can apply section 27 (Information intended for future publication).

This EIR has not yet been published so we are applying section 27 (1) and can assure you this will be available within 12 weeks from the date of your request.

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.

An exception under regulation regulation 10(4)(e) of the EIRs applies to some of the information you have requested. Regulation 10(4)(e) of the EIRs allows a Scottish public authority to withhold internal communications. In this case internal Scottish Government discussions in relation to general policy and decision making, including ministerial correspondence and legal advice for formulating official responses. 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. We recognise that there is a public interest in disclosing information as part of open, transparent and accountable government, and to inform public debate. However, there is a greater public interest in high quality policy and decision-making, and in the properly considered implementation and development of policies and decisions. This means that Ministers and officials need to be able to consider all available options and to debate those rigorously, to fully understand their possible implications. Their candour in doing so will be affected by their assessment of whether the discussions on aquatic animal by-product disposal will be disclosed in the near future, when it may undermine or constrain the Government’s view on that policy while it is still under discussion and development.

Due to the size of the files we are unable to upload the documents referred to above. If you wish to consider, please contact us at the address below and we will be happy to provide.

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.