Freedom of Information Request - Environmental Benefit licences under the Hunting with Dogs (Scotland) Act 2023
Date: 01 August 2024
Our ref: SIR176358/A4670957
Information Request – Environmental Benefit licences under the Hunting with Dogs (Scotland) Act 2023
Thank you for your information request, which we received on 17 July 2024. We have considered your request under the Environmental Information (Scotland) Regulations 2004 (‘the EIRs’).
Your Request
Information on any: (i) correspondence, (ii) record of communication, or (iii) document held by NatureScot in connection with:
- Applications and reasons for refusals of Environmental Benefit licences under the Hunting with Dogs (Scotland) Act 2023 for the time period from 3 October 2023 to 30 June 2024 and,
- Briefing documentation for licensing officers when determining applications for Preventing Damage to Livestock and Environmental Benefit licences under the Hunting with Dogs (Scotland) Act 2023.
Our Response
Applications and reasons for refusals
Following a search of the information we hold our response is attached separately.
We have redacted out specific information on the areas/places where hunting with dogs might be taking place. Releasing this information into the public domain in response to this request risks the individuals involved in hunting being identified and could lead them to being targeted and/or harassed posing a risk to public safety. We are therefore withholding this information under EIRs regulation 10(5)(a) (Public Safety).
We have also redacted personal data from the documents because releasing personal data into the public domain in response to an access to information request would breach the Data Protection Act 2018. We are therefore withholding the information under 11(2) (Personal Data) of the EIRs.
We have redacted out some sensitive species data e.g. black grouse lek site locations. As release of information under the EIRs is a release into the public domain, we do not believe that it is in the public interest to release information that might enable disturbance to these species. We are therefore applying EIRs Regulation 10(5)(g) – Protection of the environment.
Briefing documentation for licensing officers
The relevant guidance notes are attached separately.
How We Handled Your Request
We believe you have asked for environmental information as defined in the Environmental Information (Scotland Regulations 2004 (‘the EIRs’), so we are dealing with your request under those regulations. To be able to use the EIRs, we must apply an exemption under section 39(2) of the Freedom of Information (Scotland) Act 2002 (‘FOISA’). The Scottish Information Commissioner’s guidance recommends that public authorities apply this exemption to environmental information and handle request under the EIRs.
If you would like to find out more about the access to information legislation, there is a guidance booklet available on the Scottish Information Commissioner’s website.
Review and Appeal
I hope this information meets your requirements, but if you are dissatisfied with how we have responded to your information request, please write to us within 40 working days explaining your concerns. You can contact us at Battleby, Redgorton, Perth, PH1 3EW or email us at [email protected]. We will carry out a review of our response and contact you with our findings within 20 working days.
If you are not satisfied following this, you can make an appeal to the Scottish Information Commissioner within 6 months. The Scottish Information Commissioner can be contacted at:
Scottish Information Commissioner
Kinburn Castle
Doubledykes Road
St Andrews
Fife
KY16 9DS
Telephone: 01334 464610
Yours sincerely
FOI Officer,
NatureScot [email protected]
Document downloads
Due to accessibility issues the attached information, referenced above, is available on request by contacting the FOI team at [email protected]. Please reference the case number (starting with SIR).
