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FOI/202300362529 · FOI/EIR · unclear

Marine Scotland site visits to Isle of Luing and Torsa Beag Causeway 2021/22: EIR release

Published
2023-07-25
Received
2023-06-18
Responded
2023-07-14
Directorate
Marine Directorate
Topic
Building, planning and design, Public sector
Exemptions
11(2), 34(1), 44

Information requested

“MS inspectors visited to asses, and subsequently oversee remediation works on the unlicensed, (therefore unlawful) Causeway development between the Isle of Luing And Torsa Beag between September 2021 and August 2022.

Please supply:

1. All the dates and times at which MS staff arrived and departed from the site.

2. Details of professional and/or technical qualifications for all MS staff that have visited the site with regard to:-

Hydrographic Surveying, Tide/current Prediction, Coastal Engineering, Coastal Management and Planning, Coastal morphology/ Sediment deposition, Environmental impacts.”

Response

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.

1. The dates and times at which MS staff arrived and departed from the site visits between the dates you have specified can be found in the table provided below:

Visit No Date Officers Start Finish Qualification 1 24/09/2021 2 x Marine Enforcement officers 13:30 14:30 Marine Enforcement officers 2 19/11/2021 2 x Marine Enforcement officers 10:30 11:00 Marine Enforcement officers 3 24/11/2021 2 x Marine Enforcement officers 13:30 15:00 Marine Enforcement officers 4 21/12/2022 2 x Marine Enforcement officers 09:10 13:10 Marine Enforcement officers 5 20/04/2022 3 x Marine Enforcement officers 14:00 15:00 Marine Enforcement officers 6 15/07/2022 1 x Marine Enforcement officers 11:49 13:10 Marine Enforcement officers

2. Details of professional and/or technical qualifications for all MS staff that have visited the site with regard to:-

Hydrographic Surveying, Tide/current Prediction, Coastal Engineering, Coastal Management and Planning, Coastal morphology/ Sediment deposition, Environmental impacts."

All decisions regarding the remedial steps required under section 44 Remediation Notice issued to the person responsible for the unlicensed works were made collectively by officials from Scottish Government’s Marine Directorate based on all available evidence collected and provided. This includes officials from Marine Directorate – Licensing Operations Team and Marine Directorate Compliance. The professional and technical qualifications listed in the EIR are not required for the roles the officials hold, however the Licensing officials involved do have experience in assessing evidence on impacts of activities on the Scottish marine area, including the environment, coastal processes, coastal management and sediment deposition.

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.

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

Detected exemption language

Details of professional and/or technical qualifications for all MS staff that have visited the site with regard to:- Hydrographic Surveying, Tide/current Prediction, Coastal Engineering, Coastal Management and Planning, Coastal morphology/ Sediment deposition, Environmental impacts.” Response 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. Details of professional and/or technical qualifications for all MS staff that have visited the site with regard to:- Hydrographic Surveying, Tide/current Prediction, Coastal Engineering, Coastal Management and Planning, Coastal morphology/ Sediment deposition, Environmental impacts." All decisions regarding the remedial steps required under section 44 Remediation Notice issued to the person responsible for the unlicensed works were made collectively by officials from Scottish Government’s Marine Directorate based on all available evidence collected and provided.

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