Number of flytipping offences in the Western Isles of Scotland between 2010 and 2018

The request was partially successful.

Jonathan Rainey

Dear Comhairle nan Eilean Siar,

I write this letter under the Freedom of Information Act 2000 to request the following information on flytipping:

1. How many flytipping incidents in the county that your authority controls were reported to Comhairle nan Eilean Siar, Police Scotland (including the then Northern Constabulary or Poileas a' Chinn a Tuath) and the Scottish Environmental Protection Agency between 2010 and 2018?
2. How many flytipping cases were dropped between 2010 and 2018 because the evidence was found to be tampered with? Also, how many were dropped due to fears of reprisals from the reported offender(s)? How many were also dropped due to lack of evidence?
3. Can the citizens of the Comhairle nan Eilean Siar area set up their own covert surveillance cameras to capture flytippers in the act themselves? If so, apart from Article 8 of the European Convention on Human Rights (especially regarding section 2 on privacy being exempt in the interest of preventing crime and disorder) what exact laws need to be taken into consideration which includes regards to the Information Commissioner’s Office? If high-quality footage of an offence was successfully captured, can the footage be used in court?
4. What is the Litter Control Strategy that Comhairle nan Eilean Siar has to abide by when investigating flytipping cases along with dog fouling and littering cases?

Yours faithfully,

Jonathan Rainey

A Chomhairle, Comhairle nan Eilean Siar,

Bidh mi a ’sgrìobhadh na litreach seo fo Achd Saorsa an Fhiosrachaidh 2000 gus iarraidh air an fhiosrachadh a leanas mu bhith a’ dol a-mach gu sgiobalta:

1. Cò mheud tachartas sgudail a th ’ann an siorrachd na chaidh aithris a thoirt air smachd an ùghdarrais agaibh gu Comhairle nan Eilean Siar, Poileas Alba (a’ gabhail a-steach Poileas a 'Chinn a Tuath na sin) agus Buidheann Dìon Àrainneachd na h-Alba eadar 2010 agus 2018?
2. Cò mheud cùisean a bha a ’dol sìos a thaobh a bhith a’ siubhal sìos eadar 2010 agus 2018 seach gun deach gabhail a-steach an fhianais? Cuideachd, cia mheud a chaidh a leigeil sìos mar thoradh air draghan a bhith air an dìteadh bhon luchd-eucoir / aithrisean clàraichte? Cia mheud a chaidh a leigeil sìos cuideachd air sgàth dìth fianais?
3. An urrainn do shaoranaich sgìre Chomhairle nan Eilean Siar na camarathan faire falaichte aca fhèin a stèidheachadh gus a bhith a ’glacadh itealain mholach anns a’ ghnìomh fhèin? Ma tha, a bharrachd air Artaigil 8 den Choinbheinsein Eòrpach air Còraichean Daonna (gu h-àraidh co-cheangailte ri earrann 2 air dìomhaireachd a bhith air a shaoradh gus casg a chuir air eucoir agus mì-rian) dè na laghan a dh ’fheumas a bhith air an gabhail a-steach a tha a’ toirt a-steach Oifis a ’Choimiseanair Fiosrachaidh? Ma chaidh deagh dhealbhan de eucoir a ghlacadh gu soirbheachail, an urrainnear na dealbhan a chleachdadh sa chùirt?
4. Dè a th ’ann an Ro-innleachd Smachd Sgudail a dh’ fheumas Comhairle nan Eilean Siar cumail ris nuair a bhios iad a ’sgrùdadh chùisean a’ dol a-mach air sgudal còmhla ri cùisean salchar chon agus sgudal?

Le gach deagh dhùrachd,

Jonathan Rainey

CNES FOI Team, Comhairle nan Eilean Siar

Dear Jonathan Rainey

I write to acknowledge receipt of your request for information and note
the terms of your request as detailed below.  We've automatically assigned
this request an reference of 2019050827000212.  Please use this reference
number in all correspondence with us (Tip: replying to this email, so that
the ticket ref is included in email subject is the easiest way to
correspond with us on this case)

Your request for information will be processed in accordance with the
Freedom of Information (Scotland) Act 2002 ("the Act") / Environmental
Information (Scotland) Regulations 2004 (`the EIRs') and guidance issued
by the Office of the Scottish Information Commissioner.  A response to
your request for information will be issued promptly and in any event
within 20 working days following receipt of the request.

--
Le durachd,
Freedom of Information Team
Comhairle nan Eilean Siar | Sandwick Road | Stornoway | Isle of Lewis |
HS1 2BQ
Web: [1]www.cne-siar.gov.uk
Tel: 01851 822721 (Extension 211 599)

show quoted sections

CNES FOI Team, Comhairle nan Eilean Siar

Good afternoon,

Re: help desk request (ticket ref 2019050827000212)

Thank you for your recent request submitted under the Freedom of
Information (Scotland) Act 2002. Please see the information requested
below. 

1. How many flytipping incidents in the county that your authority
controls were reported to Comhairle nan Eilean Siar, Police Scotland
(including the then Northern Constabulary or Poileas a' Chinn a Tuath) and
the Scottish Environmental Protection Agency between 2010 and 2018?
No records for 2010 otherwise cases we have recorded are:

2011 12
2012 23
2013 14
2014 14
2015 24
2016 12
2017 11
2018 10

2. How many flytipping cases were dropped between 2010 and 2018 because
the evidence was found to be tampered with? Also, how many were dropped
due to fears of reprisals from the reported offender(s)? How many were
also dropped due to lack of evidence? 
None

3. Can the citizens of the Comhairle nan Eilean Siar area set up their own
covert surveillance cameras to capture flytippers in the act themselves?
If so, apart from Article 8 of the European Convention on Human Rights
(especially regarding
section 2 on privacy being exempt in the interest of preventing crime and
disorder) what exact laws need to be taken into consideration which
includes regards to the Information Commissioner’s Office? If high-quality
footage of an offence was successfully captured, can the footage be used
in court?
We cannot advise on what citizens can do as they would need to seek their
own legal advice.  It would be for the fiscal service to decide if third
party recordings could be used in a criminal case

4. What is the Litter Control Strategy that Comhairle nan Eilean Siar has
to abide by when investigating flytipping cases along with dog fouling and
littering cases?
In term so investigations  and deciding on  action we would follow our
Service enforcement policy
[1]https://www.cne-siar.gov.uk/media/13617/...
 

If you are dissatisfied with this response you can request the Comhairle
to review this response to your request for information.  You have 40
working days from the date of receipt of this response in which to lodge
this request for review.  A request for review must be processed in
accordance with Part 1 of the Freedom of Information (Scotland) Act 2002,
must be in writing, describe your original request and explain why you are
dissatisfied.  An application for review should be sent to Legal Services
Manager, Comhairle nan Eilean Siar, Council Offices, Sandwick Road,
Stornoway, Isle of Lewis HS1 2BW ([2][email address]).  A
request for review lodged with the Legal Services Manager must be
processed promptly and in any event within 20 working days of receipt.

Should you remain dissatisfied after completion of the review process you
may, within 6 months, apply to the Scottish Information Commissioner,
Kinburn Castle, Doubledykes Road, St Andrews, Fife, KY16 9DS, to establish
whether your request for information has been processed in accordance with
Part 1 of the Freedom of Information (Scotland) Act 2002.  You may also
request an appeal through the Commissioner's online appeal service which
is available 24/7 and offers requesters real time help and advice about
their appeal - [3]www.itspublicknowledge.info/Appeal Should you remain
dissatisfied after the conclusion of an application to the Scottish
Information Commissioner you have the right to appeal to the Court of
Session on a point of law.

 

--
Kind regards
Rebecca Macleod - CE

FOI Team
Comhairle nan Eilean Siar | Sandwick Road | Stornoway | Isle of Lewis |
HS1 2BW
Email: [Comhairle nan Eilean Siar request email]
Web: [4]http://www..cne-siar.gov.uk
Tel: 0845 600 70 90 (Extension 211222)

08/05/2019 19:10 - Jonathan Rainey wrote:[External Email]

Dear Comhairle nan Eilean Siar,

I write this letter under the Freedom of Information Act 2000 to request
the
following information on flytipping:

1. How many flytipping incidents in the county that your authority
controls were
reported to Comhairle nan Eilean Siar, Police Scotland (including the then
Northern Constabulary or Poileas a' Chinn a Tuath) and the Scottish
Environmental
Protection Agency between 2010 and 2018?
2. How many flytipping cases were dropped between 2010 and 2018 because
the
evidence was found to be tampered with? Also, how many were dropped due to
fears
of reprisals from the reported offender(s)? How many were also dropped due
to lack
of evidence?
3. Can the citizens of the Comhairle nan Eilean Siar area set up their own
covert
surveillance cameras to capture flytippers in the act themselves? If so,
apart
from Article 8 of the European Convention on Human Rights (especially
regarding
section 2 on privacy being exempt in the interest of preventing crime and
disorder) what exact laws need to be taken into consideration which
includes
regards to the Information Commissioner’s Office? If high-quality footage
of an
offence was successfully captured, can the footage be used in court?
4. What is the Litter Control Strategy that Comhairle nan Eilean Siar has
to abide
by when investigating flytipping cases along with dog fouling and
littering cases?

Yours faithfully,

Jonathan Rainey

A Chomhairle, Comhairle nan Eilean Siar,

Bidh mi a ’sgrìobhadh na litreach seo fo Achd Saorsa an Fhiosrachaidh 2000
gus
iarraidh air an fhiosrachadh a leanas mu bhith a’ dol a-mach gu sgiobalta:

1. Cò mheud tachartas sgudail a th ’ann an siorrachd na chaidh aithris a
thoirt
air smachd an ùghdarrais agaibh gu Comhairle nan Eilean Siar, Poileas Alba
(a’
gabhail a-steach Poileas a 'Chinn a Tuath na sin) agus Buidheann Dìon
Àrainneachd
na h-Alba eadar 2010 agus 2018?
2. Cò mheud cùisean a bha a ’dol sìos a thaobh a bhith a’ siubhal sìos
eadar 2010
agus 2018 seach gun deach gabhail a-steach an fhianais? Cuideachd, cia
mheud a
chaidh a leigeil sìos mar thoradh air draghan a bhith air an dìteadh bhon
luchd-eucoir / aithrisean clàraichte? Cia mheud a chaidh a leigeil sìos
cuideachd
air sgàth dìth fianais?
3. An urrainn do shaoranaich sgìre Chomhairle nan Eilean Siar na
camarathan faire
falaichte aca fhèin a stèidheachadh gus a bhith a ’glacadh itealain
mholach anns
a’ ghnìomh fhèin? Ma tha, a bharrachd air Artaigil 8 den Choinbheinsein
Eòrpach
air Còraichean Daonna (gu h-àraidh co-cheangailte ri earrann 2 air
dìomhaireachd a
bhith air a shaoradh gus casg a chuir air eucoir agus mì-rian) dè na
laghan a dh
’fheumas a bhith air an gabhail a-steach a tha a’ toirt a-steach Oifis a
’Choimiseanair Fiosrachaidh? Ma chaidh deagh dhealbhan de eucoir a
ghlacadh gu
soirbheachail, an urrainnear na dealbhan a chleachdadh sa chùirt?
4. Dè a th ’ann an Ro-innleachd Smachd Sgudail a dh’ fheumas Comhairle nan
Eilean
Siar cumail ris nuair a bhios iad a ’sgrùdadh chùisean a’ dol a-mach air
sgudal
còmhla ri cùisean salchar chon agus sgudal?

Le gach deagh dhùrachd,

Jonathan Rainey

-------------------------------------------------------------------

Please use this email address for all replies to this request:
[FOI #575237 email]

Is [Comhairle nan Eilean Siar request email] the wrong address for Freedom of Information
requests to
Comhairle nan Eilean Siar? If so, please contact us using this form:
[5]https://www.whatdotheyknow.com/change_re...

Disclaimer: This message and any reply that you make will be published on
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[6]https://www.whatdotheyknow.com/help/offi...

For more detailed guidance on safely disclosing information, read the
latest
advice from the ICO:
[7]https://www.whatdotheyknow.com/help/ico-...

Please note that in some cases publication of requests and responses will
be
delayed.

If you find this service useful as an FOI officer, please ask your web
manager to
link to us from your organisation's FOI page.

show quoted sections

Jonathan Rainey

Dear Comhairle nan Eilean Siar,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Comhairle nan Eilean Siar's handling of my FOI request 'Number of flytipping offences in the Western Isles of Scotland between 2010 and 2018'.

I would like to thank your authority for providing answers to questions 1 and 4 of the previous FOI request but I ask the other 2 questions be answered hence this internal review request:

1. Can the answer to the 2nd question be fully clarified as to whether all of the scenarios asked about were dropped or have there been some numbers included to even just some of them?

2. When the 3rd question was asked to every other Scottish local authority via whatdotheyknow.com, 2 of them (West Dunbartonshire and West Lothian), they provided honest examples where they not only answered the question(s) directly but cited examples to back up their answer including having to abide by the Regulatory of Investigatory Powers (Scotland) Act 2000, Environmental Protection Act 1990, Data Protection Act 1990 and guidelines from the Information Commissioner's Office. Can you confirm if your authority abides by these rules and mentioned laws?
i) I ask the question once again: Can the citizens of the Scottish Western Isles set up their own covert surveillance and/or overt cameras to capture flytippers in the act themselves?
ii) Does your authority use covert and overt surveillance cameras to capture flytippers in the act?
iii) Would Article 8 (Section 2 for exemption to privacy) of the European Convention on Human Rights be applied as an excuse by your authority and the citizens of Inverclyde to deploy covert and overt cameras to catch flytippers in the act?

3. Does your authority abide by the Code of Practice on Litter and Refuse (Scotland) 2018 (COPLAR). COPLAR provides statutory guidance on fulfilling the duties under the Environmental Protection Act 1990, Section 89?

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/n...

Yours faithfully,

Jonathan Rainey

CNES FOI Team, Comhairle nan Eilean Siar

Dear Jonathan Rainey

I write to acknowledge receipt of your request for information and note
the terms of your request as detailed below.  We've automatically assigned
this request an reference of 2019052227000347.  Please use this reference
number in all correspondence with us (Tip: replying to this email, so that
the ticket ref is included in email subject is the easiest way to
correspond with us on this case)

Your request for information will be processed in accordance with the
Freedom of Information (Scotland) Act 2002 ("the Act") / Environmental
Information (Scotland) Regulations 2004 (`the EIRs') and guidance issued
by the Office of the Scottish Information Commissioner.  A response to
your request for information will be issued promptly and in any event
within 20 working days following receipt of the request.

--
Le durachd,
Freedom of Information Team
Comhairle nan Eilean Siar | Sandwick Road | Stornoway | Isle of Lewis |
HS1 2BQ
Web: [1]www.cne-siar.gov.uk
Tel: 01851 822721 (Extension 211 599)

show quoted sections

CNES FOI Team, Comhairle nan Eilean Siar

Dear Mr Rainey

Re: help desk request (ticket ref [1]2019050827000212)

I have completed a review of your request.  My answers are in red below.

Should you remain dissatisfied after completion of the review process you
may, within 6 months, apply to the Scottish Information Commissioner,
Kinburn Castle, Doubledykes Road, St Andrews, Fife, KY16 9DS, to establish
whether your request for information has been processed in accordance with
Part 1 of the Freedom of Information (Scotland) Act 2002.  You may also
request an appeal through the Commissioner's online appeal service which
is available 24/7 and offers requesters real time help and advice about
their appeal - [2]www.itspublicknowledge.info/Appeal Should you remain
dissatisfied after the conclusion of an application to the Scottish
Information Commissioner you have the right to appeal to the Court of
Session on a point of law.

--
Kind regards
Tim Langley

FOI Team
Comhairle nan Eilean Siar | Sandwick Road | Stornoway | Isle of Lewis |
HS1 2BW
Email: [Comhairle nan Eilean Siar request email]
Web: [3]http://www..cne-siar.gov.uk
Tel: 0845 600 70 90 (Extension 211222)

08/05/2019 19:10 - Jonathan Rainey wrote:
[External Email]

Dear Comhairle nan Eilean Siar,

Please pass this on to the person who conducts Freedom of Information
reviews.

I am writing to request an internal review of Comhairle nan Eilean Siar's
handling
of my FOI request 'Number of flytipping offences in the Western Isles of
Scotland
between 2010 and 2018'.

I would like to thank your authority for providing answers to questions 1
and 4 of
the previous FOI request but I ask the other 2 questions be answered hence
this
internal review request:

1. Can the answer to the 2nd question be fully clarified as to whether all
of the
scenarios asked about were dropped or have there been some numbers
included to
even just some of them?  The Comhairle had no such cases, so there is no
relevant information.

2. When the 3rd question was asked to every other Scottish local authority
via
whatdotheyknow.com, 2 of them (West Dunbartonshire and West Lothian), they
provided honest examples where they not only answered the question(s)
directly but
cited examples to back up their answer including having to abide by the
Regulatory
of Investigatory Powers (Scotland) Act 2000, Environmental Protection Act
1990,
Data Protection Act 1990 and guidelines from the Information
Commissioner's
Office. Can you confirm if your authority abides by these rules and
mentioned
laws? Yes
i) I ask the question once again: Can the citizens of the Scottish Western
Isles
set up their own covert surveillance and/or overt cameras to capture
flytippers in
the act themselves?  This is a request for legal advice, not for recorded
information.  It does not therefore fall under the provisions of the
Freedom of Information (Scotland) Act 2002.  The original response was
reasonable.
ii) Does your authority use covert and overt surveillance cameras to
capture
flytippers in the act? No
iii) Would Article 8 (Section 2 for exemption to privacy) of the European
Convention on Human Rights be applied as an excuse by your authority and
the
citizens of Inverclyde to deploy covert and overt cameras to catch
flytippers in
the act?  The Comhairle cannot speak for what Inverclyde would do.  Again,
this is a request for legal advice advice, not for recorded information. 
It does not therefore fall under the provisions of the Freedom of
Information (Scotland) Act 2002.

3. Does your authority abide by the Code of Practice on Litter and Refuse
(Scotland) 2018 (COPLAR). COPLAR provides statutory guidance on fulfilling
the
duties under the Environmental Protection Act 1990, Section 89? Yes

A full history of my FOI request and all correspondence is available on
the
Internet at this address:
[4]https://www.whatdotheyknow.com/request/n...

Yours faithfully,

Jonathan Rainey

-------------------------------------------------------------------
Please use this email address for all replies to this request:
[FOI #575237 email]

Disclaimer: This message and any reply that you make will be published on
the
internet. Our privacy and copyright policies:
[5]https://www.whatdotheyknow.com/help/offi...

For more detailed guidance on safely disclosing information, read the
latest
advice from the ICO:
[6]https://www.whatdotheyknow.com/help/ico-...

Please note that in some cases publication of requests and responses will
be
delayed.

If you find this service useful as an FOI officer, please ask your web
manager to
link to us from your organisation's FOI page.

show quoted sections

Jonathan Rainey

Dear CNES FOI Team,

Thanks for the reply to the internal review request. I correct one of the questions asked previously to state: since you stated that you authority does not use covert and overt surveillance cameras to capture flytippers in the act, can the Citizens of the Western Isles (all areas controlled by Comhairlie nan Eilean Siar) set up their own covert and overt surveillance cameras to capture flytippers, dog foulers and litter louts in the act?

Also, out of all the flytipping cases reported to your authority between 2010 and 2018, how many resulted in FPNs and/or criminal convictions?

Yours sincerely,

Jonathan Rainey

CNES FOI Team, Comhairle nan Eilean Siar

Good afternoon,

Re: help desk request (ticket ref [1]2019050827000212)

Thank you for your recent request submitted under the Freedom of
Information (Scotland) Act 2002. The first question is not a valid request
but is a request for an opinion and citizens would need to seek their own
legal advice.  If a citizen came to us with footage recorded/covertly or
overtly showing an offence then we would review the individual
circumstances of the case on whether the information could be used. 

Out of all the flytipping cases reported to your authority between 2010
and 2018, how many resulted in FPNs and/or criminal convictions?  None

If you are dissatisfied with this response you can request the Comhairle
to review this response to your request for information.  You have 40
working days from the date of receipt of this response in which to lodge
this request for review.  A request for review must be processed in
accordance with Part 1 of the Freedom of Information (Scotland) Act 2002,
must be in writing, describe your original request and explain why you are
dissatisfied.  An application for review should be sent to Legal Services
Manager, Comhairle nan Eilean Siar, Council Offices, Sandwick Road,
Stornoway, Isle of Lewis HS1 2BW ([2][email address]).  A
request for review lodged with the Legal Services Manager must be
processed promptly and in any event within 20 working days of receipt.

Should you remain dissatisfied after completion of the review process you
may, within 6 months, apply to the Scottish Information Commissioner,
Kinburn Castle, Doubledykes Road, St Andrews, Fife, KY16 9DS, to establish
whether your request for information has been processed in accordance with
Part 1 of the Freedom of Information (Scotland) Act 2002.  You may also
request an appeal through the Commissioner's online appeal service which
is available 24/7 and offers requesters real time help and advice about
their appeal - [3]www.itspublicknowledge.info/Appeal Should you remain
dissatisfied after the conclusion of an application to the Scottish
Information Commissioner you have the right to appeal to the Court of
Session on a point of law.
--
Kind regards

FOI Team
Comhairle nan Eilean Siar | Sandwick Road | Stornoway | Isle of Lewis |
HS1 2BW
Email: [Comhairle nan Eilean Siar request email]
Web: [4]http://www..cne-siar.gov.uk
Tel: 0845 600 70 90 (Extension 211222)

08/05/2019 19:10 - Jonathan Rainey wrote:
[External Email]

Dear CNES FOI Team,

Thanks for the reply to the internal review request. I correct one of the
questions asked previously to state: since you stated that you authority
does not
use covert and overt surveillance cameras to capture flytippers in the
act, can
the Citizens of the Western Isles (all areas controlled by Comhairlie nan
Eilean
Siar) set up their own covert and overt surveillance cameras to capture
flytippers, dog foulers and litter louts in the act?

Also, out of all the flytipping cases reported to your authority between
2010 and
2018, how many resulted in FPNs and/or criminal convictions?

Yours sincerely,

Jonathan Rainey

show quoted sections