Department for Environment, Food and Rural Affairs
2 The Square
Temple Quay
Bristol
BS1 6EB
Telephone 08459 33 55 77
Website www.defra.gov.uk
Our ref RFI2789
Mr Canning
Date 02/08/2009
[FOI #14114 email]
Dear Mr Canning
REQUEST FOR INFORMATION: Hybrids and red backed shrikes
Thank you for your request for information about hybrids and red backed shrikes which we
received on 06/07/2009. We are dealing with your request under the Environmental
Information Regulations 2004 (EIRs).
1) Did any stakeholders, organisations involved in falconry and anyone who bred
hybrid birds of prey before the 24 May 1994 receive any consultation to pass an
amendment to the Wildlife and Countryside Act 1981 to make hybrids birds of prey
registerable? If so show me a copy of the consultation and the replies including
JNCC’s reply.
2) Did any stakeholders, organisations involved in falconry and anyone who bred
hybrid birds of prey before the 24 May 1994 receive no consultation to pass an
amendment to the Wildlife and Countryside Act to make hybrids birds of prey
registerable?
Following a search of our paper and electronic records, I have established that the
information you requested has been destroyed in accordance with our records disposal
policy.
The information is therefore exempt under Regulation 12(4)(a) of the Environmental
Information Regulations, which relates to information which is not held. In applying this
exception we have, as required, considered the public interest on whether we should have
held the information.
We have concluded that it is not in the public interest for Defra to hold or seek to secure
this information because, while this information may be environmental, it is not necessary
or relevant for the fulfilment of Defra’s functions. However under our duty to advise and
assist applicants in pursuance of Regulation 9. I can confirm that to the best of our
knowledge the information is not held by another public authority.
3) How many stakeholders, organisations involved in falconry and anyone who bred
hybrid birds of prey before the 24 May 1994 paid to register hybrids before the 24
May 1994 . Please give the information for each year?.
4) How many stakeholders , organisations involved in falconry and anyone who bred
hybrid birds of prey paid to register hybrids after the 24 May 1994. Please give the
information for each year.
Animal Health has written to you previously with respect to these questions. There is
nothing further Defra can add.
5) What information would a person need to have for Animal Health to be satisfied
that a person had lawfully in his possession or control red backed Shrikes. What
information do you hold on lawful keeping of red backed shrikes in the UK?
Animal Health has provided the following response to your query: The red backed shrike
(
Lanius collurio) was listed on Schedule 4 to the Wildlife and Countryside Act 1981 by
means of SI 1982 No. 1982 which came into force on 28 September 1982, and was
removed from that Schedule in England by SI 2008 No. 2356 which came into force on 1
October 2008. During the period that the species was listed a keeper would be required to
supply exactly the same information as was required for any other species listed under
schedule 4. This information is already published (see website:
http://www.defra.gov.uk/animalhealth/CITES/news/080922-birdregchanges.htm#regeng
As the red-backed shrike has now been removed from Schedule 4 Animal Health confirm
that they do not hold any information on "lawful keeping of red-backed shrikes"
If you have any queries about this letter, please contact me. I also attach an annexe
giving contact details should you be unhappy with the service you have received.
Yours sincerely
Simon Mackown
Email [email address]
Annexe A
Complaints
If you are unhappy with the service you have received in relation to your request you may
make a complaint or appeal against our decision within 40 working days of the date of this
letter. Please write to Clive Porro, Head of Defra’s Information Rights Team at, Area1B
Ergon House, Horseferry Road, London SW1P 2AL, (email:
[email address]) who will arrange for an internal review of your case.
Details of Defra’s complaints procedure can be found at:
http://www.defra.gov.uk/corporate/complain/info.htm
If you are not content with the outcome of the internal review, you have the right to apply
directly to the Information Commissioner for a decision. Please note that generally the
Information Commissioner cannot make a decision unless you have first exhausted
Defra’s own complaints procedure. The Information Commissioner can be contacted at:
Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF