Copies of e-mails and other correspondence exchanged between East Lothian Council and Dunbar Fishermen's Association.
Dear East Lothian Council,
Please may I request copies of all e-mails or other correspondence sent to East Lothian Council, its officers and elected members by the Dunbar Fisherman's Association or their elected office bearers in connection with the management of Dunbar Harbour by Dunbar Harbour Trust and the proposed re-development of Dunbar Harbour by Dunbar Harbour Developments CIC for the period 1st January 2012 to date. Also, copies of all e-mails and other correspondence sent by East Lothian Council, its officers and elected members to Dunbar Fishermen's Association or their elected office bearers in connection with both the management of Dunbar Harbour by Dunbar Harbour Trust and the proposed re-development of Dunbar Harbour by Dunbar Harbour Developments CIC for the period 1st January 2012 to date.
Yours faithfully,
Stuart Turnbull
Thank you for your email. Your enquiry will be registered and we will send you a formal acknowledgement as soon as possible.
In the meantime, you may be interested to learn that, in order to increase openness and accountability, East Lothian Council publishes Freedom of Information/Environmental Information Regulations requests and responses on its website. Please click here<http://www.eastlothian.gov.uk/site/custo...> to be directed to the relevant pages.
Shelley Neville
Data Protection and Freedom of Information Officer
Law & Licensing
East Lothian Council
John Muir House
Haddington
EH41 3HA
Tel: 01620 827623
Fax: 01620 827253
Email: [East Lothian Council request email]<mailto:[East Lothian Council request email]>
Details of your rights to requesting information from East Lothian Council are published here<http://www.eastlothian.gov.uk/info/704/d...>.
East Lothian - proud to host the Open Championship, Muirfield 2013
Visit www.eastlothian.gov.uk/muirfield2013
Our Ref: 2013/318(4621)
Dear Mr Turnbull
ENVIRONMENTAL INFORMATION REGULATIONS 2004
Thank you for your email of 16 April.
I am sorry for the delay in sending this acknowledgement but I confirm
that your enquiry has been registered and passed to the appropriate
department for action. Our response should be issued to you no later than
15 May.
If you require any assistance in the meantime please do not hesitate to
contact me.
Yours sincerely
Shelley Neville
Data Protection and Freedom of Information Officer
Law & Licensing
East Lothian Council
John Muir House
Haddington
EH41 3HA
Tel: 01620 827623
Email: [1][East Lothian Council request email]
Information about East Lothian Council’s complaints procedure can be found
[2]here.
Details of your rights to requesting information from East Lothian Council
are published [3]here.
The Scottish Information Commissioner is responsible for the enforcement
of Scotland's freedom of information laws. Guidance regarding your rights
of access to information held by Scottish public authorities is available
on the Commissioner’s [4]website.
Our Ref: 2013/318(4621)
Dear Mr Turnbull
ENVIRONMENTAL INFORMATION REGULATIONS 2004
I am writing in response to your enquiry of 16 April.
Although East Lothian Council (ELC) does hold the information you require,
we are unable to release it to you as it is excepted under Regulation
10(5)(b) of the Environmental Information Regulations 2004. Regulation
10(5)(b) states that:
(5) A Scottish public authority may refuse to make environmental
information available to the extent that its disclosure would, or would be
likely to, prejudice substantially –
(b) the course of justice, the ability of a person to receive a fair trial
or the ability of any public authority to conduct an inquiry of a criminal
or disciplinary nature
This exemption is subject to the public interest test and can only be used
to withhold information if the public interest in maintaining the
exemption outweighs the public interest in disclosure. We recognise that
it is in the public interest for information to be accessible and that as
a local authority we are open and accountable. However, when information
is released as the result of a freedom of information or environmental
information request it is technically released to the general public, and
not just to the person or organisation making the information request. We
are of the opinion that there is a greater public interest in ensuring
that the course of justice is not interfered with. Parties involved in
such inquiries should not be inhibited from co-operating by the
possibility that information provided during the course of the inquiry
might be disclosed and, in view of this, we are unable to release the
information to you.
Under the terms of this legislation, if you are unhappy with the way your
request has been handled, you are entitled to request that we undertake an
internal review. Please note, however, that both the Freedom of
Information (Scotland) Act 2002 and the Environmental Information
(Scotland) Regulations 2004 only relate to the release of information.
If, for example, you are unhappy because you do not believe the
information you have received is accurate, an internal review would not
apply. The Scottish Information Commissioner publishes the following
guidance about internal reviews:
You can ask the authority to review its decision if it does not respond or
you are unhappy with the way it has dealt with your request, for example
by:
· refusing to give you the information
· failing to reply to you within the time limit
allowed
· claiming the information is exempt
· failing to give you advice about, and help with,
making your request
· asking you to pay a fee that you feel is
unreasonable
We must receive a request to review within 40 working days of the date of
this notice. A request to review our decision must be in writing (e-mail
is acceptable) or another permanent format. When writing, you should
include your reasons as to why you are unhappy with our response and why
you wish for it to be reviewed. Your reasons of dissatisfaction must
relate to your information request of 16 April only and should be
addressed to:
Data Protection and Freedom of Information Compliance Officer
Law & Licensing
East Lothian Council
John Muir House
Haddington
EH41 3HA
Email: [1][East Lothian Council request email]
We will have a maximum of 20 working days from the date we receive your
request in order to complete our review and give you our decision. In
order to ensure an impartial approach, an independent senior officer will
be appointed to carry out the review.
If you are still not satisfied with our decision following the review
process, then you may ask the Scottish Information Commissioner to
investigate the matter. You may contact the Commissioner at:
Scottish Information Commissioner
Kinburn Castle
Doubledykes Road
St Andrews
Fife
KY16 9DS
Telephone: 01334 464610
Fax: 01334 464611
E-mail: [2][email address]
If you remain dissatisfied following the Commissioner’s decision, you may
be able to appeal to the Court of Session. You should, however, obtain
legal advice before deciding on this course of action. This is because an
appeal may only be made on a point of law, not because you disagree with
the Commissioner’s view of the case.
Yours sincerely
Shelley Neville
Data Protection and Freedom of Information Officer
Law & Licensing
East Lothian Council
John Muir House
Haddington
EH41 3HA
Tel: 01620 827623
Email: [3][East Lothian Council request email]
Information about East Lothian Council’s complaints procedure can be found
[4]here.
Details of your rights to requesting information from East Lothian Council
are published [5]here.
The Scottish Information Commissioner is responsible for the enforcement
of Scotland's freedom of information laws. Guidance regarding your rights
of access to information held by Scottish public authorities is available
on the Commissioner’s [6]website.
Dear Shelley Neville
I am writing to repeat my previous request for the disclosure of all correspondence between ELC, it's officers and elected members, and the Dunbar Fishermen's Association - all as per the wording of my initial request of 16th April 2013.
Your previous reason for denying my request under Regulation 10(5)(b) is no longer valid as the Police have concluded their investigations into the unfounded and malicious allegations against Dunbar Harbour Trust, and have found them to be without foundation. There will, therefore, be no criminal proceedings wich may be prejudiced by the disclosure of the information I am requesting, and I repeat my request that you should now release all of the correspondence to and from ELC and Dunbar Fisherman's Association and it's elected comittee members.
Yours sincerely,
Stuart Turnbull
Thank you for your email. Your enquiry will be registered and we will send you a formal acknowledgement as soon as possible.
In the meantime, you may be interested to learn that, in order to increase openness and accountability, East Lothian Council publishes Freedom of Information/Environmental Information Regulations requests and responses on its website. Please click here<http://www.eastlothian.gov.uk/site/custo...> to be directed to the relevant pages.
Shelley Neville
Data Protection and Freedom of Information Officer
Law & Licensing
East Lothian Council
John Muir House
Haddington
EH41 3HA
Tel: 01620 827623
Fax: 01620 827253
Email: [East Lothian Council request email]<mailto:[East Lothian Council request email]>
Details of your rights to requesting information from East Lothian Council are published here<http://www.eastlothian.gov.uk/info/704/d...>.
The Open Championship comes to Muirfield, East Lothian - 14 to 21 July 2013.
Visit www.muirfield2013.com
Our Ref: 2013/318(4621)
Dear Mr Turnbull
FREEDOM OF INFORMATION (SCOTLAND) ACT 2002
Thank you for your email.
East Lothian Council will carry out an internal review of your request for
correspondence between East Lothian Council and Dunbar Fishermen's
Association. In order to ensure an impartial approach, an independent
senior officer will be appointed to carry out the review and you may
expect to receive their response no later than 12 July.
If you require any assistance in the meantime please do not hesitate to
contact me.
Yours sincerely
Shelley Neville
Data Protection and Freedom of Information Officer
Law & Licensing
East Lothian Council
John Muir House
Haddington
EH41 3HA
Tel: 01620 827623
Fax: 01620 827253
Email: [1][East Lothian Council request email]
Information about East Lothian Council’s complaints procedure can be found
[2]here.
Details of your rights to requesting information from East Lothian Council
are published [3]here.
The Scottish Information Commissioner is responsible for the enforcement
of Scotland's freedom of information laws. Guidance regarding your rights
of access to information held by Scottish public authorities is available
on the Commissioner’s [4]website.
Our Reference: 2013/318 (4621)
Dear Mr Turnbull,
FREEDOM OF INFORMATION (SCOTLAND) ACT 2002
Following your request of 14 June, I have carried out the review of your
Freedom of Information request as I was not involved with the original
decision.
The police investigation has come to the conclusion that no further action
is required. I am therefore satisfied that, although the correct decision
was taken at the time, the original exception under Regulation 10(5)(b)
now no longer applies. I am therefore providing the information you
require. Please note that some emails have been withheld under Section
38(1)(b) of the Freedom of Information (Scotland) Act 2002, as they
contain the sensitive personal data of individuals. These emails include
the application forms for the positions of Board Directors and will hold
information about people’s ethnicity and potential disabilities.
Due to the large volume of emails, I will send them to you in five
instalments following this one.
If you are still not satisfied with our decision following the review
process, then you may ask the Scottish Information Commissioner to
investigate the matter within six months of this review. You may contact
the Commissioner at:
Scottish Information Commissioner
Kinburn Castle
Doubledykes Road
St Andrews
Fife
KY16 9DS
Telephone: 01334 464610
Fax: 01334 464611
E-mail: [1][email address]
If you remain dissatisfied following the Commissioner’s decision, you may
be able to appeal to the Court of Session. You should, however, obtain
legal advice before deciding on this course of action. This is because an
appeal may only be made on a point of law, not because you disagree with
the Commissioner’s view of the case.
Yours sincerely
Angela Leitch
Chief Executive
Contact details:
Christine Dora | Executive Assistant | East Lothian Council |Rm 2.12|John
Muir House | Haddington EH41 3HA |
Tel. 01620 827104| Email. [2][email address]|Visit our website at
[3]www.eastlothian.gov.uk
The Open Championship comes to Muirfield, East Lothian – 14 to 21 July
2013.
Visit www.muirfield2013.com
References
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2. mailto:[email%20address]
3. http://www.eastlothian.gov.uk/
Morning Colin
OK for me – I’ll check with Alex.
Regards
Richard
From: staffhouse [mailto:[email address]]
Sent: 21 December 2012 17:04
To: Baty, Richard; [email address]
Cc: Alan Simmons; Neil Brunton; McCrorie, Alex; Alasdair Swan
Subject: Re: Link group meeting
Richard,
If it suits, we could arrange to hold the meeting at 4.00 p.m. in
McArthur’s Store meeting room.
Let me know if this will be okay.
Colin
From: [1]Baty, Richard
Sent: Wednesday, December 19, 2012 1:05 PM
To: [2]staffhouse ; [3][email address]
Cc: [4]Alan Simmons ; [5]Neil Brunton ; [6]McCrorie, Alex
Subject: RE: Link group meeting
Afternoon Colin
Can you just confirm the time and venue and I’ll check with Alex but I
think it should be OK.
Regards
Richard
From: staffhouse [[7]mailto:[email address]]
Sent: 19 December 2012 12:31
To: Baty, Richard; [8][email address]
Cc: Alan Simmons; Neil Brunton; McCrorie, Alex
Subject: Re: Link group meeting
Richard,
We would welcome you and Alex at the January meeting of the Link Group.
Normally the Link Group meeting is held on the Friday before the DHT Board
meeting which is usually held on the second Thursday of the month.
In the case of January, this would mean that the January DHT Board meeting
will be held on Thursday 10th January and the Link Group meeting should
therefore be held on Friday January 4th which unfortunately doesn’t fit
with your availability. I have a feeling however that, if I suggested to
the other members of the Link Group that we postpone our meeting for a
week and hold it on Friday 11th January in order that you and Alex can
attend, there will be little opposition! Let me know if Friday 11th is
okay for you both.
By copy of this message, can the other members of the Link Group please
confirm that they are in agreement with postponement of the Link Group
meeting until Friday 11th January in order to allow Richard and Alex to
attend.
May I take this opportunity to wish you, Alex and your respective families
the very happy Christmas and and prosperous New Year.
Kind regards,
Colin
From: [9]Baty, Richard
Sent: Wednesday, December 19, 2012 10:48 AM
To: [10]Colin McWhannell ; [11][email address]
Cc: [12]Alan Simmons ; [13]Neil Brunton ; [14]McCrorie, Alex
Subject: Link group meeting
Dear Colin and Peter
Hope you are both well and looking forward to Christmas - Alex McCrorie,
Executive Director (Support Services) and I would like to attend a Link
group meeting between the DHT and DFA sometime in the New Year,
hopefully in January (Any date after the 9^th January).
I finish up for the holidays on Christmas Eve so would greatly appreciate
if you could come back to me before then.
Regards
Richard
Richard Baty
Depute Manager Economic Development
Fund Manager
East Lothian Investments Ltd
[15][email address]
Tel: 01620 827177
[16]http://www.eastlothian.gov.uk
SALTIRE_CMYKELFDLOGOwtPC Xmas Shop Local logo
This document should only be read by those persons to whom it is addressed
and is not intended to be relied upon by any person without subsequent
written confirmation of its contents. Accordingly, East Lothian Council
disclaim all responsibility and accept no liability (including in
negligence) for the consequences for any person acting, or refraining from
acting, on such information prior to the receipt by those persons of
subsequent written confirmation.
If you have received this e-mail message in error, please notify us
immediately by telephone. Please also destroy and delete the message from
your computer.
Any form of reproduction, dissemination, copying, disclosure,
modification, distribution and/or publication of this e-mail message is
strictly prohibited.
Please be advised that East Lothian Council's incoming and outgoing e-mail
is subject to regular monitoring.
This e-mail has been scanned for viruses by Verizon Business Internet
Managed Scanning Services - powered by MessageLabs. For further
information visit [17]http://www.verizonbusiness.com/uk
══════════════════════════════════════════════════════════════════════════
Ready for winter weather? Be prepared and stay safe.
Visit [18]www.eastlothian.gov.uk/severeweather or
[19]www.readyscotland.org
══════════════════════════════════════════════════════════════════════════
Ready for winter weather? Be prepared and stay safe.
Visit [20]www.eastlothian.gov.uk/severeweather or
[21]www.readyscotland.org
**********************************************************************
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This email and any files transmitted with it are confidential and
intended solely for the use of the individual or entity to whom they
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the sender and ensure it is deleted and not read copied or disclosed
to anyone else. It is your responsibility to scan this email and any
attachments for computer viruses or other defects. East Lothian
Council do not accept liability for any loss or damage which may
result from this email or any files attached. Email is not secure and
can be intercepted, corrupted or amended without the knowledge of the
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Date: Mon, 01 Apr 2013 19:42:57 +0100
Subject: RE:
From: "[email address]" <[email address]>
To: "Baty, Richard" <[email address]>
Hi Richard these are just copy's I posted the originals to Barry
fisher
Thanks neil
"[email address]"<[email address]>
[email address] [[email address]]
March 2013 14:23
application for the dht
the Open Championship, Muirfield 2013
transmitted with it are confidential and
of the individual or entity to whom they
received this email in error please notify
deleted and not read copied or disclosed
responsibility to scan this email and any
viruses or other defects. East Lothian
for any loss or damage which may
attached. Email is not secure and
amended without the knowledge of the
not accept liability for errors or
interrupted or defective transmission.
Instalment 2 of 5.
regards
Christine Dora | Executive Assistant | East Lothian Council |Rm 2.12|John
Muir House | Haddington EH41 3HA |
Tel. 01620 827104| Email. [1][email address]|Visit our website at
[2]www.eastlothian.gov.uk
The Open Championship comes to Muirfield, East Lothian – 14 to 21 July
2013.
Visit www.muirfield2013.com
References
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2. http://www.eastlothian.gov.uk/
Morning Colin
OK for me – I’ll check with Alex.
Regards
Richard
From: staffhouse [mailto:[email address]]
Sent: 21 December 2012 17:04
To: Baty, Richard; [email address]
Cc: Alan Simmons; Neil Brunton; McCrorie, Alex; Alasdair Swan
Subject: Re: Link group meeting
Richard,
If it suits, we could arrange to hold the meeting at 4.00 p.m. in
McArthur’s Store meeting room.
Let me know if this will be okay.
Colin
From: [1]Baty, Richard
Sent: Wednesday, December 19, 2012 1:05 PM
To: [2]staffhouse ; [3][email address]
Cc: [4]Alan Simmons ; [5]Neil Brunton ; [6]McCrorie, Alex
Subject: RE: Link group meeting
Afternoon Colin
Can you just confirm the time and venue and I’ll check with Alex but I
think it should be OK.
Regards
Richard
From: staffhouse [[7]mailto:[email address]]
Sent: 19 December 2012 12:31
To: Baty, Richard; [8][email address]
Cc: Alan Simmons; Neil Brunton; McCrorie, Alex
Subject: Re: Link group meeting
Richard,
We would welcome you and Alex at the January meeting of the Link Group.
Normally the Link Group meeting is held on the Friday before the DHT Board
meeting which is usually held on the second Thursday of the month.
In the case of January, this would mean that the January DHT Board meeting
will be held on Thursday 10th January and the Link Group meeting should
therefore be held on Friday January 4th which unfortunately doesn’t fit
with your availability. I have a feeling however that, if I suggested to
the other members of the Link Group that we postpone our meeting for a
week and hold it on Friday 11th January in order that you and Alex can
attend, there will be little opposition! Let me know if Friday 11th is
okay for you both.
By copy of this message, can the other members of the Link Group please
confirm that they are in agreement with postponement of the Link Group
meeting until Friday 11th January in order to allow Richard and Alex to
attend.
May I take this opportunity to wish you, Alex and your respective families
the very happy Christmas and and prosperous New Year.
Kind regards,
Colin
From: [9]Baty, Richard
Sent: Wednesday, December 19, 2012 10:48 AM
To: [10]Colin McWhannell ; [11][email address]
Cc: [12]Alan Simmons ; [13]Neil Brunton ; [14]McCrorie, Alex
Subject: Link group meeting
Dear Colin and Peter
Hope you are both well and looking forward to Christmas - Alex McCrorie,
Executive Director (Support Services) and I would like to attend a Link
group meeting between the DHT and DFA sometime in the New Year,
hopefully in January (Any date after the 9^th January).
I finish up for the holidays on Christmas Eve so would greatly appreciate
if you could come back to me before then.
Regards
Richard
Richard Baty
Depute Manager Economic Development
Fund Manager
East Lothian Investments Ltd
[15][email address]
Tel: 01620 827177
[16]http://www.eastlothian.gov.uk
SALTIRE_CMYKELFDLOGOwtPC Xmas Shop Local logo
This document should only be read by those persons to whom it is addressed
and is not intended to be relied upon by any person without subsequent
written confirmation of its contents. Accordingly, East Lothian Council
disclaim all responsibility and accept no liability (including in
negligence) for the consequences for any person acting, or refraining from
acting, on such information prior to the receipt by those persons of
subsequent written confirmation.
If you have received this e-mail message in error, please notify us
immediately by telephone. Please also destroy and delete the message from
your computer.
Any form of reproduction, dissemination, copying, disclosure,
modification, distribution and/or publication of this e-mail message is
strictly prohibited.
Please be advised that East Lothian Council's incoming and outgoing e-mail
is subject to regular monitoring.
This e-mail has been scanned for viruses by Verizon Business Internet
Managed Scanning Services - powered by MessageLabs. For further
information visit [17]http://www.verizonbusiness.com/uk
══════════════════════════════════════════════════════════════════════════
Ready for winter weather? Be prepared and stay safe.
Visit [18]www.eastlothian.gov.uk/severeweather or
[19]www.readyscotland.org
══════════════════════════════════════════════════════════════════════════
Ready for winter weather? Be prepared and stay safe.
Visit [20]www.eastlothian.gov.uk/severeweather or
[21]www.readyscotland.org
**********************************************************************
Email Disclaimer - East Lothian Council
This email and any files transmitted with it are confidential and
intended solely for the use of the individual or entity to whom they
are addressed. If you have received this email in error please notify
the sender and ensure it is deleted and not read copied or disclosed
to anyone else. It is your responsibility to scan this email and any
attachments for computer viruses or other defects. East Lothian
Council do not accept liability for any loss or damage which may
result from this email or any files attached. Email is not secure and
can be intercepted, corrupted or amended without the knowledge of the
sender. East Lothian Council do not accept liability for errors or
omissions arising as a result of interrupted or defective transmission.
**********************************************************************
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gentlemen
if you read this e.mail you will find the dht has closed the link group
peter johnstone
chair dfa
And finally – I would be grateful if you would acknowledge receipt so I
know these emails have reached you.
Regards
Christine
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