Dear Sir or Madam,

Please supply details of vessels that have entered the Albert Basin
and stayed for more than three days since the modernisation of
Victoria Lock was completed in or about May 2007 and the amount
invoiced for berthing/mooring.

Sincerely, D A Schiller

Dear Sir or Madam, Is there a hold-up of some kind in the supply of
the requested information? It would appear to be a very easy
request to comply with and your attention asap would be appreciated
You will be aware it is due by 3rd inst at the latest

Sincerely,

D A Schiller

David,

I will reply to your request later to-day.

This request was in someway included in a request for other information
requested by yourself on the 15th July 08.

Seamus Mc Givern
Tel: 028 3031 3146

david schiller
<request-1567-3b8
317a7@whatdotheyk To
now.com> FOI requests at Newry & Mourne
District Council
01/09/2008 18:40 <[email address]
.uk>
cc

Subject
Re: Freedom of Information request
- Albert Basin-Newry Canal

Dear Sir or Madam, Is there a hold-up of some kind in the supply of
the requested information? It would appear to be a very easy
request to comply with and your attention asap would be appreciated
You will be aware it is due by 3rd inst at the latest

Sincerely,

D A Schiller

show quoted sections

David,

Sorry for the late reply, but your request was confused with another
request received by yourself. I have replied to this request via email as I
assumed that it was your proffered method.

I can confirm to you that only 1 vessel stayed at the Albert Basin for more
than 3 days since May 2007.

I cannot however supply you with details of that vessel or the amount
invoiced.

It is the Council's view that this information is exempt under the Freedom
of Information Act. It is the Council's few that this is Personal
Information and is exempt under Section 40(2) (3) (a). Personal Data means
data which relates to a living individual who can be identified-

from those data or
from those data and other information which is the possession of the
Data Controller (Newry and Mourne District Council)

To release this data would contravene the First Principle of the Data
Protection Act. The first Principle States that data should be processed
fairly and lawfully. To disclose this data would mean to process it. This
processing would be unfair since there is a clear expectation by members of
the public who supply their Personal Information to the Council, that this
information is kept private.

If you are unhappy with this decision then you can appeal this decision by
writing to the Council and asking for a review. If after that review you
are still unhappy then you can formally write to the Information
Commissioner asking them to have your request reviewed. Contact details are
below:

Information Commissioners Office
51 Adelaide Street
Belfast
BT2 8FE
028 90269380

If you have any further questions then do not hesitate to contact me.

Seamus Mc Givern
Tel: 028 3031 3146

david schiller
<request-1567-3b
8317a7@whatdothe To
yknow.com> FOI requests at Newry & Mourne
District Council
03/08/2008 12:34 <[email address].
uk>
cc

Subject
Freedom of Information request -
Albert Basin-Newry Canal

Dear Sir or Madam,

Please supply details of vessels that have entered the Albert Basin
and stayed for more than three days since the modernisation of
Victoria Lock was completed in or about May 2007 and the amount
invoiced for berthing/mooring.

Sincerely, D A Schiller

show quoted sections

Dear Seamus

Thank you for the information

Your comment that only one vessel has berthed in the Albert Basin
for more than 3 days since May 2007 is noted as is the Councils
position that details of that vessel or the amount invoiced are
exempt from disclosure under the terms of the FoI Act

You were not asked to supply any material which could infringe any
individuals rights ; simply details of the “only one vessel” (ie
length) and “the amount invoiced for berthing/mooring”

As you will be aware the finance dept were asked to supply the
information because it would be of assistance to the Newry court
next week: they refused, hence the request to you under the Freedom
of Information Act

To assert that the amount the vessel was charged for berthing is
information protected from disclosure by virtue of the FoI Act
defies credibility and clearly raises serious questions regarding
the Councils behaviour ------------ The vessel to which you refer
is named 'Jorodetta' and was owned by a Council employee who,
unlike the owner of ‘Sheiloan’, sports the name ‘David’

In the specific case referred to it would also be questionable as
to whether the ‘owner’ properly came into the category of a 'member
of the Public' for the purposes of the Act

The list of charges demanded by any Public authority and properly
authorised by law for berthing a vessel should clearly be available
to anybody and although it appears the Council are unable to
ascertain the length of a vessel most other people could

Please review your Decision

Sincerely, D A Schiller