EIR/202500465621 · FOI/EIR · partially withheld
Sea fishing licence transfer information: EIR release
Information requested
The process that has been adopted and how it was applied to the most recent licence transfer.
This process ensures that, as the public authority responsible for issuing sea fishing licences, the Marine Directorate is doing so whilst meeting the statutory obligations of Section 15 of the Marine (Scotland) Act 2010.
Response
I enclose a copy of most of the information you requested.
Enclosed are the documents which are the point of reference for Operations Officers who process the transfer of licences from offices around our coastline. This comprises of 6 items released to you. These documents are under continual review and may be amended and reissued from time to time.
These are:
Document 1. Assessment of the decision(s) against the Marine Plan
Document 2. 'Relevant considerations' document
An exception under regulation 10(4)(e) of the EIRs (internal communications) applies to some of the information you have requested because it is internal legal advice and disclosure would breach legal professional privilege.
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, this is outweighed by the strong public interest in maintaining the right to confidentiality of communications between legal advisers and clients, to ensure that Ministers and officials are able to receive legal advice in confidence, like any other public or private organisation.
Document 3. Summary guidance document for Operations Officers.
Document 4. Annex 19 – Checklist for licence issue.
Document 5. Annex 24 - Checklist for processing form AFL-7 establishment/transfer of an entitlement/transfer of a licence
Document 6. A copy of the counter-signed annexes for the most recent (to the date of your letter) licence transfer.
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.
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Detected exemption language
This process ensures that, as the public authority responsible for issuing sea fishing licences, the Marine Directorate is doing so whilst meeting the statutory obligations of Section 15 of the Marine (Scotland) Act 2010. 'Relevant considerations' document An exception under regulation 10(4)(e) of the EIRs (internal communications) applies to some of the information you have requested because it is internal legal advice and disclosure would breach legal professional privilege. 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.