Chemical Pesticide Poisons - the use of Glyphosate based pesticides including Roundup® at and around children’s play parks, the required risk assessments and annual spending on these pesticides.

Response to this request is long overdue. By law, under all circumstances, Newry, Mourne and Down District Council should have responded by now (details). You can complain by requesting an internal review.

30 May 2019
Liam Hannaway 
Doing business as Chief Executive 
Newry, Mourne and Down District Council 
Newry Office - Monaghan Row 
Newry

NOTICE TO THE PRINCIPAL IS NOTICE TO THE AGENT; NOTICE TO THE AGENT IS NOTICE TO THE PRINCIPAL

Chemical Pesticide Poisons - the use of Glyphosate based pesticides including Roundup® at and around children’s play parks, the required risk assessments and annual spending on these pesticides.

Liam Hannaway,

NOTICE OF FREEDOM OF INFORMATION ACT 2000 

WHEREAS on 28 February 2019 - DERRY CITY AND STRABANE DISTRICT COUNCIL unanimously passed the following: "That this Council recognises the health and environmental risks associated with Glyphosate, which the World Health Organisation has upgraded to “probably carcinogenic in humans”.

Taking this into consideration this Council should cease from using the weed killer and request that all subcontractors employed by Council also cease the use of Glyfos and all products containing Glyphosate in this Council district, in favour of a more environmentally friendly product.

As a Council we pledge to discontinue the use of glyphosate in all operations with the only exception being when dealing with Japanese Knotweed, which will be injected rather than sprayed. We also pledge to encourage other Statutory Agencies to do likewise.” 

http://meetings.derrycityandstrabanedist...

WHEREAS there are currently more than 13,400 lawsuits against Monsanto (now BAYER) over the health implications of its glyphosate based weedkillers, including but not limited to Roundup® and Ranger Pro®.

WHERAS according to a Class Action Lawsuit filed in the US, “Monsanto’s marketing claim that Roundup is safe because it targets an enzyme that is not found in people or pets is “false, misleading, and deceptive, as the enzyme that glyphosate targets is found in people and pets—specifically, in beneficial gut bacteria.”

Glyphosate kills weeds by interfering with the “shikimate pathway,” a metabolic sequence that synthesizes vital amino acids. Glyphosate disrupts the shikimate pathway by interfering with 5 enolpyruvylshikimate-3-phosphate (EPSP), an enzyme that governs aromatic amino acid formation. Beneficial bacteria in the human gut (and the guts of other mammals) produces and utilizes EPSP synthase. Our immune systems depend on this beneficial gut bacteria.” https://www.baumhedlundlaw.com/toxic-tor...

WHEREAS Juror No. 4 in the first Monsanto Roundup trial August 2018 [Dewayne Johnson v MONSANTO], has a simple explanation for why [MONSANTO now] BAYER is getting “socked with big-dollar verdicts for its weedkiller”. He states, “The evidence against them is simply overwhelming,” 
https://www.bizjournals.com/stlouis/news...

WHEREAS 10 August 2018 - Dewayne Johnson v. MONSANTO Company was the first Roundup® cancer lawsuit to proceed to trial. A unanimous jury verdict in favour of Dewayne Johnson’s claim that exposure to Monsanto’s Roundup® weed killer and its active ingredient, glyphosate was a substantial factor in causing Dewayne Johnson to develop non-Hodgkin lymphoma cancer (NHL).  The jury awarded $39.25 million in compensatory damages and $250 million in punitive damages.
 Jury Verdict Form: https://www.baumhedlundlaw.com/pdf/monsa...

WHERAS 27 March 2019 - Edwin Hardeman v. MONSANTO Company (now BAYER). A unanimous jury verdict in favour of Edwin Hardeman’s claim that exposure to Monsanto’s Roundup® weed killer and its active ingredient, glyphosate, was a substantial factor in causing Edwin Harderman to develop non-Hodgkin lymphoma (NHL) cancer.  Awarding $80.2 million in compensatory damages and punitive damages.  The jury also found that Roundup®  was unsafe and Monsanto had failed to adequately warn of the risks associated with its products. Jury Verdict Form: https://www.baumhedlundlaw.com/pdf/monsa...

The US district judge Vince Chhabria, who oversaw the trial sated there were “large swathes of evidence” showing that Monsanto’s Roundup® could cause cancer. That there was “a great deal of evidence that Monsanto has not taken a responsible, objective approach to the safety of its product … and does not particularly care whether its product is in fact giving people cancer, focusing instead on manipulating public opinion and undermining anyone who raises genuine and legitimate concerns about the issue.”https://usrtk.org/monsanto-roundup-trial...

WHEREAS 13 May 2019 in the case of Pilliod et al. v. MONSANTO Company (now BAYER), a jury verdict in favour of wife and husband Alberta and Alva Pilliod’s claims that exposure to Monsanto’s Roundup® weed killer and its active ingredient, glyphosate, was a substantial factor in causing both of their non-Hodgkin lymphoma cancer.  “The couple attributed their cancer diagnoses on exposure to Roundup and its active ingredient, glyphosate, and accused Monsanto of fraudulently representing that Roundup is safe despite scientific evidence linking exposure to non-Hodgkin lymphoma cancer.”

The jury verdict ordered MONSANTO to pay $55 million in compensatory damages and $2 billion in punitive damages ($1 billion each for Alberta and Alva Pilliod) for failing to warn consumers that exposure to Roundup weed killer causes non-Hodgkin lymphoma (NHL).

Jury Verdict Form: https://www.baumhedlundlaw.com/pdf/monsa... and Jury verdict Form: https://www.baumhedlundlaw.com/pdf/monsa...

WHEREAS March, 2015 and the World Health Organisation’s International Agency for Research on Cancer (IARC) classified Glysophate-based pesticides, including Roundup®, as Group 2A "Probably Carcinogenic to Humans”.  DDT (DichloroDiphenylTrichloroethane) was also classified as a Group 2A "probably carcinogenic to humans” in 2015. The WHO’s IARC considers only published, peer-reviewed science, and does not consider a corporation’s internal unpublished studies.  The United Kingdom of Great Britain and Northern Ireland [UK] is a member state, contributes to budget and running costs, and participates in the Governing Council of the World Health Organisation’s International Agency for Research on Cancer. 

WHEREAS exposure to Glysophate-based pesticides, including Roundup®, can be a significant factor in and has been linked to the following: ADHD; ALS (Lou Gehrig's Disease); Alzheimer’s disease; Anencephaly (birth defect); Autism Spectrum Disorder; Birth defects; Brain cancer in children; Breast cancer; Celiac disease and gluten intolerance; Chronic kidney disease; Colitis: Depression; Diabetes; Disrupting healthy Gut Bacteria within humans and animals; Heart disease; Hypothyroidism; Infertility; Inflammatory Bowel Disease (“Leaky Gut Syndrome”); Liver disease; Lung Cancer; Male Reproductive problems (delayed puberty, decreased sperm production, and decreased testosterone production); Multiple Sclerosis (MS); Multiple Chemical Sensitivity; Non-Hodgkin Lymphoma Cancer;  Miscarriages; Spontaneous abortion; Neurotoxcity,  Parkinson’s disease; Prostate Cancer; Respiratory illnesses; Stillbirths and other harms and potential harms.

Under the Freedom of Information Act 2000 and the Environmental Information Regulations 2004, you are required to provide the following:

1.  The figures in £ pound sterling of the annual NEWRY, MOURNE AND DOWN DISTRICT COUNCIL's budget spend on all products containing Glyphosate, including but not limited to Glyfos, Roundup®, glyphosate-based “weed killers” and formulations, etc. which are a World Health Organisation’s IARC Group 2A "probably carcinogenic to humans” for the years:

A 1 April 2015 - 31 March 2016; 
B 1 April 2016 - 31 March 2017;  
C 1 April 2017 - 31 March 2018; 
D 1 April 2018 - 31 March 2019;
E 1 April 2019 - 31 March 2020 (projected spend) 

2.  Copies of the NEWRY, MOURNE AND DOWN DISTRICT COUNCIL's required risk assessments for the use, spraying and exposure to Glyphosate-based “weed killers”, including but not limited to Glyfos, Roundup®, glyphosate formulations, etc. which are a World Health Organisation’s IARC Group 2A "Probably Carcinogenic to Humans” as required by The Management of Health and Safety at Work (Northern Ireland) 2000* legislation for the years:

A 1 April 2015 - 31 March 2016; 
B 1 April 2016 - 31 March 2017;  
C 1 April 2017 - 31 March 2018; 
D 1 April 2018 - 31 March 2019;
E 1 April 2019 - 31 March 2019. 

*“EXPLANATORY NOTE 12.  A person who contravenes these Regulations or any requirement or prohibition imposed thereunder is guilty of an offence under Article 31 of the 1978 Order and is liable, on summary conviction, to a fine not exceeding the statutory maximum (currently £5,000) or, on conviction on indictment, to a fine.”

3.  Please “confirm or deny”* if NEWRY, MOURNE AND DOWN DISTRICT COUNCIL maintained and managed children’s play parks and areas around these HAVE been sprayed and/or are scheduled to be sprayed with Glyphosate-based “weed killers”, including but not limited to Glyfos, Roundup®, glyphosate formulations, etc., which are a World Health Organisation’s IARC Group 2A "Probably Carcinogenic to Humans” for the years:  

A 1 April 2015 - 31 March 2016; 
B 1 April 2016 - 31 March 2017;  
C 1 April 2017 - 31 March 2018; 
D 1 April 2018 - 31 March 2019
E 1 April 2019 - 31 March 2020 

*Part I ‘Right to information’ Section 1’General right of access to information held by public authorities’ known as “the duty to confirm or deny” Freedom of Information Act 2000.

4. Please “confirm or deny”* if NEWRY, MOURNE AND DOWN DISTRICT COUNCIL’S maintained and managed family picnic areas including, but not limited to the Bengagh Road picnic area and the areas around these HAVE been sprayed and/or are scheduled to be sprayed with Glyphosate-based “weed killers”, including but not limited to Glyfos, Roundup®, glyphosate formulations, etc., which are a World Health Organisation’s IARC Group 2A "Probably Carcinogenic to Humans” for the years:  

A 1 April 2015 - 31 March 2016; 
B 1 April 2016 - 31 March 2017;  
C 1 April 2017 - 31 March 2018; 
D 1 April 2018 - 31 March 2019
E 1 April 2019 - 31 March 2020 

*Part I ‘Right to information’ Section 1’General right of access to information held by public authorities’ known as “the duty to confirm or deny” Freedom of Information Act 2000.

5. Please “confirm or deny”* if NEWRY, MOURNE AND DOWN DISTRICT COUNCIL’S maintained and managed parks and outside sports areas and/or fields and the areas around these HAVE been sprayed and/or are scheduled to be sprayed with Glyphosate-based “weed killers”, including but not limited to Glyfos, Roundup®, glyphosate formulations, etc., which are a World Health Organisation’s IARC Group 2A "Probably Carcinogenic to Humans” for the years:  

A 1 April 2015 - 31 March 2016; 
B 1 April 2016 - 31 March 2017;  
C 1 April 2017 - 31 March 2018; 
D 1 April 2018 - 31 March 2019
E 1 April 2019 - 31 March 2020 

*Part I ‘Right to information’ Section 1’General right of access to information held by public authorities’ known as “the duty to confirm or deny” Freedom of Information Act 2000.

Please number your responses. I require written receipt of this Freedom of Information Claim/Request. This will be used as evidence.

Sincerely and without ill will, vexation or frivolity,

by Alisa Keane
All rights reserved

cc: To All Whom It May Concern

Trainor, Suzanne, Newry, Mourne and Down District Council

Dear Ms Keane,

 

Thank you for your emails dated 30^th May 2019 and 31^st May 2019 and your
request for information therein.

 

You have requested from Newry, Mourne and Down District Council
information in relation to Chemical Pesticides Poisons.

 

I confirm your request will be processed as a request under the Freedom of
Information Act 2000.  Accordingly, you will receive the information you
have requested within 20 working days of the date of receipt of your
request by the Council unless the Council does not hold the information or
there is a reason to withhold all or part of the information requested. 
Council will write to you in any event. 

 

I hope to respond to you no later than 27^th June 2019.

 

For further information in relation to the Freedom of Information Act 2000
I would refer you to the Information Commissioner's Office website,
www.ico.org.uk

 

If you wish to discuss the above please do not hesitate to contact me.

 

Kind Regards

 

 

Suzanne Trainor

Information Officer

Comhairle Ceantair an Iúir Mhúrn agus an Dúin

Newry, Mourne and Down District Council

Downshire Civic Centre

Ardglass Road

Downpatrick

BT30 6GQ

 

Council: 0300 013 2233

Planning: 0300 200 7830  Ext:2104

 

www.newrymournedown

 

This e-mail, its contents and any attachments are intended only for the
above named. As this e-mail may contain confidential or legally privileged
information, if you are not, or suspect that you are not, the above named,
or the person responsible for delivering the message to the above named,
delete or destroy the email and any attachments immediately. The contents
of this e-mail may not be disclosed to, nor used by, anyone other than the
above named. We will not accept any liability (in negligence or otherwise)
arising from any third party acting, or refraining from acting, on such
information. Opinions, conclusions and other information expressed in such
messages are not given or endorsed by the Council, unless otherwise
indicated in writing by an authorised representative independent of such
messages. Please note that we cannot guarantee that this message or any
attachment is virus free or has not been intercepted and amended. The
Council undertakes monitoring of both incoming and outgoing e-mails. You
should therefore be aware that if you send an e-mail to a person within
the Council it may be subject to any monitoring deemed necessary by the
organisation. As a public body, the Council may be required to disclose
this e-mail (or any response to it) under UK Data Protection and Freedom
of Information legislation, unless the information in it is covered by an
exemption.

Trainor, Suzanne, Newry, Mourne and Down District Council

Dear Ms Keane,

Thank you for your email received  30^th May 2019 and your request for
information therein.

Under the Freedom of Information Act 2000 you have requested information
in relation to Chemical Pesticide Poisons.  I confirm your request has now
been processed as a request under the terms of the Act and, accordingly,
please see Council's response below.  

Newry Mourne Down Council use approximately 900 litres of Glyphosates per
year.

Newry, Mourne and Down District Council purchase  Glyphosates from a
number of different suppliers and each order will contain items other than
Glyphosates.

In order to extract a 100% correct figure for Glyphosates usage per year
Maintenance and Finance have advised it would take their teams in excess
of 18 hours to locate, retrieve, extract and provide this information.

 

By virtue of Section 12(1) of the Freedom of Information Act, a public
authority is not obliged to comply with a request for information if the
authority estimates that the cost of complying with the request would
exceed the appropriate limit.  The Freedom of Information and Data
Protection (Appropriate Limit and Fees) Regulations 2004 ('the Fees
Regulations') defines the appropriate limit for public authorities which
are not central government as £450.00.  That sum is calculated on whether
the information is held, locating the information, retrieving the
information, extracting the information at a flat rate of £25.00 per
person, per hour.  This means that the appropriate limit will be exceeded
if it would require more than 18 hours to process.

 

If you wish to discuss the above, please do not hesitate to contact me
directly.

I trust this is of assistance.  However, should you be unhappy with our
response in this matter you may request an Internal Review of our response
by 16/08/2019. You can contact Edel Cosgrove Head of Compliance
([email address]) in that regard. In the event you are unhappy
with the outcome of any Internal Review conducted by the Council you may
apply to the Information Commissioner's Office (ICO) for a review of our
response. Please note that the ICO generally expects Internal Reviews to
be completed prior to reviewing the decisions of public bodies.  For
further information in relation to Freedom of Information I would direct
you to the website of the Information Commissioner at: [1]www.ico.org.uk.

Regards

 

Suzanne Trainor

Information Officer

Comhairle Ceantair an Iúir Mhúrn agus an Dúin

Newry, Mourne and Down District Council

Downshire Civic Centre

Ardglass Road

Downpatrick

BT30 6GQ

 

Council: 0300 013 2233

Planning: 0300 200 7830  Ext:2104

 

www.newrymournedown

 

This e-mail, its contents and any attachments are intended only for the
above named. As this e-mail may contain confidential or legally privileged
information, if you are not, or suspect that you are not, the above named,
or the person responsible for delivering the message to the above named,
delete or destroy the email and any attachments immediately. The contents
of this e-mail may not be disclosed to, nor used by, anyone other than the
above named. We will not accept any liability (in negligence or otherwise)
arising from any third party acting, or refraining from acting, on such
information. Opinions, conclusions and other information expressed in such
messages are not given or endorsed by the Council, unless otherwise
indicated in writing by an authorised representative independent of such
messages. Please note that we cannot guarantee that this message or any
attachment is virus free or has not been intercepted and amended. The
Council undertakes monitoring of both incoming and outgoing e-mails. You
should therefore be aware that if you send an e-mail to a person within
the Council it may be subject to any monitoring deemed necessary by the
organisation. As a public body, the Council may be required to disclose
this e-mail (or any response to it) under UK Data Protection and Freedom
of Information legislation, unless the information in it is covered by an
exemption.

References

Visible links
1. http://www.ico.gov.uk/

30 June 2019
Liam Hannaway
Doing business as Chief Executive Officer
Newry, Mourne and Down District Council
Newry Office - Monaghan Row, Newry 


NOTICE TO THE PRINCIPAL IS NOTICE TO THE AGENT; NOTICE TO THE AGENT IS NOTICE TO THE PRINCIPAL 


Chemical Pesticide Poisons - the use of Glyphosate based pesticides including Roundup® at and around children’s play parks, the required risk assessments and annual spending on these pesticides..

NOTICE OF FAULT AND OPPORTUNITY TO CURE

Freedom of Information Act 2000 & the Environmental Information Regulations 2004 


Dear Liam Hannaway,


I have received correspondence from Suzanne Trainor, acting as Information Officer, alleging to be a response to my 30 May 2019 FOI. Suzanne Trainor has failed to provide me with the information I requested/claimed.

As you are aware, it is your duty, under the Freedom of Information Act 2000, “to confirm or deny”, as outlined in Part I ‘Right to Information’ Section I of the Act.

Suzanne Trainor wrote, “Newry Mourne Down Council use approximately 900 litres of Glyphosates per year. Newry, Mourne and Down District Council purchase  Glyphosates from a number of different suppliers and each order will contain items other than Glyphosates.In order to extract a 100% correct figure for Glyphosates usage per year Maintenance and Finance have advised it would take their teams in excess of 18 hours to locate, retrieve, extract and provide this information.”


First, I require you to please supply me with any reference from my FOI 30 May 2019 that requests the number of litres of ‘Glyphosates’ used by employees of NEWRY MOURNE DOWN DISTRICT COUNCIL. Failure to do so proves I made no reference at all to the quantity of litres of ‘Glyphosates’ used in my 30 May 2019 FOI. Why then would Suzanne Trainor refer to this in her correspondence?

Second, I require you to supply me with any reference I made “to extract a 100% correct figure for Glyphosates usage per year”. Failure to do so proves that I did not request “to extract a 100% correct figure for Glyphosates usage per year”. Why then would Suzanne Trainor refer to this in her correspondence?

However, taking the information that Suzanne Trainor supplied, “Newry Mourne Down Council use approximately 900 litres of Glyphosates per year” and together with the market rate cost for Amenity/Industrial/Agricultural Glyphosate based formulations/weed killers, it is possible to extract the average market rate cost to £8.40 for 1 Litre.

It is possible to estimate the annual spend by using the 900 litres of approximate use of Glyphosate based weedkillers and the average market rate cost per litre to extract the estimated annual spend:

£8.40 per litre x 900 litres = £7, 560 estimated annual spend
£7,560 x 5 [years] = £37,800 estimated 5 year spend

So, using the estimated budget spend on all products containing Glyphosate, including but not limited to Glyfos, Roundup®, glyphosate-based “weed killers” and formulations, is in the region of £7,560 annually and approximately £37,800 over the five (5) years.

This estimate took approximately fifteen (15) minutes!

Therefore, Liam Hannaway, acting as Chief Executive officer, you have the opportunity to cure by suppling the information outlined in the five (5) items contained in my request/claim on the 30 May 2019 and in accordance to the Freedom of Information Act 2000 and the Environmental Information Regulations 2004.

I do not consent to the “18 hours” that Suzanne Trainor alleges it would take for employees to process this information. As an employee would simply have to locate one invoice/receipt from a supplier for each of the requested years and extract the cost per litre from the invoice. As the approximate annual spend would be well over £500 pounds sterling these budget figures, receipts, etc. should be readily accessible and transparent. A more realistic time frame for information retrieval would be between about one (1) hour - two (2) hours.

The information requested/claimed for in the 30 May 2019 FOI is of public interest. The NEWRY, MOURNE AND DOWN DISTRICT COUNCIL exists for one purpose only - to give services to the public and has no other purpose. This is not a gift or altruistic service. A public service is paid for by the people through public money, such as rates.

As you are aware, the World Health Organisation’s International Agency for Research on Cancer (IARC) classified Glyphosate based pesticides and formulations, including Roundup®, as Group 2A “Probably Carcinogenic to Humans” . The assessment was published in THE LANCET (2015) and as volume 112 of the IARC Monographs. The WHO’s IARC Monographs evaluation is a hazard classification. It indicates the strength of evidence that glyphosate can cause cancer. This classification is further supported by “strong” evidence for genotoxicity, both for “pure” glyphosate and for glyphosate formulations. Unlike many so-called regulatory agencies, the WHO’s IARC classification considers only published, peer-reviewed data from toxicological studies, and does not rely primarily on industry data or consider a corporation’s internal unpublished studies which are not in the public domain. The United Kingdom of Great Britain and Northern Ireland [UK] is a member state.

As you will be aware, The Management of Health and Safety at Work Regulations (Northern Ireland) 2000 and the Health and Safety at Work (Northern Ireland) Order 1978 require that all employers make “a suitable and sufficient” assessment of the risks to health and safety of employees and non-employees who may be affected by the employer’s undertaking. Employers have to provide a work environment that is, as is reasonably practicable, safe and without risks to health; non-employees are not to be exposed to risks to their health and safety.

It is your duty, under the Freedom of Information Act 2000, “to confirm or deny”, as outlined in Part I ‘Right to Information’ Section I of the Act. Therefore, I require each of the five (5) items and each year (A-E) to have its own response. An estimated budget figures/spend will suffice. The five (5) items requested/claimed in my 30 May 2019 FOI are as follows:

“1.  The figures in £ pound sterling of the annual NEWRY, MOURNE AND DOWN DISTRICT COUNCIL's budget spend on all products containing Glyphosate, including but not limited to Glyfos, Roundup®, glyphosate-based “weed killers” and formulations, etc. which are a World Health Organisation’s IARC Group 2A "probably carcinogenic to humans” for the years:
A) 1 April 2015 - 31 March 2016; B) 1 April 2016 - 31 March 2017; C) 1 April 2017 - 31 March 2018; D) 1 April 2018 - 31 March 2019; E) 1 April 2019 - 31 March 2020 (projected spend). 

2.  Copies of the NEWRY, MOURNE AND DOWN DISTRICT COUNCIL's required risk assessments for the use, spraying and exposure to Glyphosate-based “weed killers”, including but not limited to Glyfos, Roundup®, glyphosate formulations, etc. which are a World Health Organisation’s IARC Group 2A "Probably Carcinogenic to Humans” as required by The Management of Health and Safety at Work (Northern Ireland) 2000* legislation for the years:
A) 1 April 2015 - 31 March 2016; B) 1 April 2016 - 31 March 2017; C) 1 April 2017 - 31 March 2018; D) 1 April 2018 - 31 March 2019; E) 1 April 2019 - 31 March 2020 (projected spend). 

*“EXPLANATORY NOTE 12.  A person who contravenes these Regulations or any requirement or prohibition imposed thereunder is guilty of an offence under Article 31 of the 1978 Order and is liable, on summary conviction, to a fine not exceeding the statutory maximum (currently £5,000) or, on conviction on indictment, to a fine.”

3.  Please “confirm or deny”* if NEWRY, MOURNE AND DOWN DISTRICT COUNCIL maintained and managed children’s play parks and areas around these HAVE been sprayed and/or are scheduled to be sprayed with Glyphosate-based “weed killers”, including but not limited to Glyfos, Roundup®, glyphosate formulations, etc., which are a World Health Organisation’s IARC Group 2A "Probably Carcinogenic to Humans” for the years:  
A) 1 April 2015 - 31 March 2016; B) 1 April 2016 - 31 March 2017; C) 1 April 2017 - 31 March 2018; D) 1 April 2018 - 31 March 2019; E) 1 April 2019 - 31 March 2020 (projected spend). 
*Part I ‘Right to information’ Section 1’General right of access to information held by public authorities’ known as “the duty to confirm or deny” Freedom of Information Act 2000.

4. Please “confirm or deny”* if NEWRY, MOURNE AND DOWN DISTRICT COUNCIL’S maintained and managed family picnic areas including, but not limited to the Bengagh Road picnic area and the areas around these HAVE been sprayed and/or are scheduled to be sprayed with Glyphosate-based “weed killers”, including but not limited to Glyfos, Roundup®, glyphosate formulations, etc., which are a World Health Organisation’s IARC Group 2A "Probably Carcinogenic to Humans” for the years:  
A) 1 April 2015 - 31 March 2016; B) 1 April 2016 - 31 March 2017; C) 1 April 2017 - 31 March 2018; D) 1 April 2018 - 31 March 2019; E) 1 April 2019 - 31 March 2020 (projected spend). 
*Part I ‘Right to information’ Section 1’General right of access to information held by public authorities’ known as “the duty to confirm or deny” Freedom of Information Act 2000.

5. Please “confirm or deny”* if NEWRY, MOURNE AND DOWN DISTRICT COUNCIL’S maintained and managed parks and outside sports areas and/or fields and the areas around these HAVE been sprayed and/or are scheduled to be sprayed with Glyphosate-based “weed killers”, including but not limited to Glyfos, Roundup®, glyphosate formulations, etc., which are a World Health Organisation’s IARC Group 2A "Probably Carcinogenic to Humans” for the years:  
A 1 April 2015 - 31 March 2016; B 1 April 2016 - 31 March 2017; C 1 April 2017 - 31 March 2018; D 1 April 2018 - 31 March 2019; E 1 April 2019 - 31 March 2020 (projected spend).” 

I do not consent to receiving incomplete, unnecessary, incorrect or untruthful information or representations within Freedom of Information responses. 

I require the FOI response to the five (5) items requested in my 30 May 2019 FOI only and to be on NEWRY, MOURNE AND DOWN DISTRICT COUNCIL letterhead paper (such as a scanned attachment) in order to verify the FOI response.

I have the reasonable expectation that you Liam Hannaway acting as a public servant in the public office of Chief Executive Officer of NEWRY, MOURNE AND DOWN DISTRICT COUNCIL will honour and adhere to your position of Trust, the Seven Principles of public life, your Duty of Care, the laws, the statutory legislation, regulations, and protocols that govern public servants and all those who offer a public service.  The 7 principles of public life are:  Honesty; Openness; Leadership; Integrity; Accountability; Objectivity and Selflessness.  https://www.gov.uk/government/publicatio...

Please number your responses 1-5. If you do not intend to provide this information for items 1-5, please write your reasons.

You have three (3) days from receipt of this notice to respond. This notice will be used in evidence. Implied admission by absence of response.

I do not consent to being referred to as “Ms Keane” my name is Alisa Keane. Thank you.  
 


Sincerely and without ill will, vexation or frivolity,

by Alisa Keane 

All rights reserved 



Cc: To All Whom It May Concern

Trainor, Suzanne, Newry, Mourne and Down District Council

Apologies Alisa,

The response of 19/06/2019 referred to below is in relation to your request of 31/05/2019: [email address]

1. In metric litres, provide the annual usage of all products containing Glyphosate, including but not limited to Glyfos, Roundup®, glyphosate-based “weed killers” and formulations, etc. which are World Health Organisation’s IARC Group 2A "probably carcinogenic to humans” in which NEWRY, MOURNE AND DOWN DISTRICT COUNCIL employees, Council sub-contractors and/or agents administered/sprayed/applied in the entire NEWRY, MOURNE AND DOWN DISTRICT COUNCIL area for the years:

A 1 April 2015 - 31 March 2016;
B 1 April 2016 - 31 March 2017;
C 1 April 2017 - 31 March 2018;
D 1 April 2018 - 31 March 2019;
E 1 April 2019 - 31 March 2020 (projected use)

I apologise for any inconvenience this may have caused

I am currently dealing with your request dated 30/05/2019 in relation to Chemical Pesticide Poisons - the use of Glyphosate based pesticides including Roundup® at and around children’s play parks, the required risk assessments and annual spending on these pesticides. under the Freedom of Information ACT 2000 and will endeavour to get a response to you by Tuesday 9th July.

Regards

Suzanne Trainor
Information Officer
Comhairle Ceantair an Iúir Mhúrn agus an Dúin
Newry, Mourne and Down District Council
Downshire Civic Centre
Ardglass Road
Downpatrick
BT30 6GQ

Council: 0300 013 2233
Planning: 0300 200 7830 Ext:2104

www.newrymournedown

show quoted sections

Trainor, Suzanne, Newry, Mourne and Down District Council

Alisa,

I am currently dealing with your request dated 30/05/2019 in relation to Chemical Pesticide Poisons - the use of Glyphosate based pesticides including Roundup® at and around children’s play parks, the required risk assessments and annual spending on these pesticides. under the Freedom of Information ACT 2000.

I regret that we must extend the time limit for responding due to the complexity and volume of the request. I and will endeavour to get a response to you by Tuesday 23rd July2019.

If you are unhappy with the service you have received in relation to your request and wish to make a complaint, you should write to Ms Edel Cosgrove, Head of Compliance, [email address] in that regard. In the event you are unhappy with the outcome of any Internal Review conducted by the Council you may apply to the Information Commissioner's Office (ICO) for a review of our response. Please note that the ICO generally expects Internal Reviews to be completed prior to reviewing the decisions of public bodies. For further information in relation to Freedom of Information I would direct you to the website of the Information Commissioner at: www.ico.org.uk.

Regards

Suzanne Trainor
Information Officer
Comhairle Ceantair an Iúir Mhúrn agus an Dúin
Newry, Mourne and Down District Council
Downshire Civic Centre
Ardglass Road
Downpatrick
BT30 6GQ

Council: 0300 013 2233
Planning: 0300 200 7830 Ext:2104

www.newrymournedown

show quoted sections

Trainor, Suzanne, Newry, Mourne and Down District Council

2 Attachments

Dear Alisa Keane,

Thank you for your emails dated 30/05/2019 and 30/06/2019. I apologise for
the delay in replying.

Under the Freedom of Information Act 2000 you have requested information
in relation to  Chemical Pesticide Poisons - the use of Glyphosate based
pesticides including Roundup® at and around children’s play parks, the
required risk assessments and annual spending on these pesticides.  I
confirm your request has now been processed as a request under the terms
of the Act and, accordingly, please see Council's response below.

 

“1.  The figures in £ pound sterling of the annual NEWRY, MOURNE AND DOWN
DISTRICT COUNCIL's budget spend on all products containing Glyphosate,
including but not limited to Glyfos, Roundup®, glyphosate-based “weed
killers” and formulations, etc. which are a World Health Organisation’s
IARC Group 2A "probably carcinogenic to humans” for the years:

 A. 1 April 2015 - 31 March 2016; B) 1 April 2016 - 31 March 2017; C) 1
April 2017 - 31 March 2018; D) 1 April 2018 - 31 March 2019; E) 1
April 2019 - 31 March 2020 (projected spend). 

 

Newry Mourne & Down District Council purchase approximately 900 litres of
Glyphosphate Roundup each year at a cost of approximately £9.50 per litre.
Council do not hold a recorded breakdown of expenditure per calendar year.

 

2.  Copies of the NEWRY, MOURNE AND DOWN DISTRICT COUNCIL's required risk
assessments for the use, spraying and exposure to Glyphosate-based “weed
killers”, including but not limited to Glyfos, Roundup®, glyphosate
formulations, etc. which are a World Health Organisation’s IARC Group 2A
"Probably Carcinogenic to Humans” as required by The Management of Health
and Safety at Work (Northern Ireland) 2000* legislation for the years:

A) 1 April 2015 - 31 March 2016; B) 1 April 2016 - 31 March 2017; C) 1
April 2017 - 31 March 2018; D) 1 April 2018 - 31 March 2019; E) 1 April
2019 - 31 March 2020 (projected spend). 

 

Please find attached  Newry Mourne Down Councils risk assessments for the
use of Pesticides/Herbicides general use.

 

 

*“EXPLANATORY NOTE 12.  A person who contravenes these Regulations or any
requirement or prohibition imposed thereunder is guilty of an offence
under Article 31 of the 1978 Order and is liable, on summary conviction,
to a fine not exceeding the statutory maximum (currently £5,000) or, on
conviction on indictment, to a fine.”

 

3.  Please “confirm or deny”* if NEWRY, MOURNE AND DOWN DISTRICT COUNCIL
maintained and managed children’s play parks and areas around these HAVE
been sprayed and/or are scheduled to be sprayed with Glyphosate-based
“weed killers”, including but not limited to Glyfos, Roundup®, glyphosate
formulations, etc., which are a World Health Organisation’s IARC Group 2A
"Probably Carcinogenic to Humans” for the years:

A) 1 April 2015 - 31 March 2016; B) 1 April 2016 - 31 March 2017; C) 1
April 2017 - 31 March 2018; D) 1 April 2018 - 31 March 2019; E) 1 April
2019 - 31 March 2020 (projected spend). *Part I ‘Right to information’
Section 1’General right of access to information held by public
authorities’ known as “the duty to confirm or deny” Freedom of Information
Act 2000.

 

Newry Mourne & Down Council use Roundup in a controlled manner to edge
paths and maintain areas from weeds around Council maintained play areas.

 

4. Please “confirm or deny”* if NEWRY, MOURNE AND DOWN DISTRICT COUNCIL’S
maintained and managed family picnic areas including, but not limited to
the Bengagh Road picnic area and the areas around these HAVE been sprayed
and/or are scheduled to be sprayed with Glyphosate-based “weed killers”,
including but not limited to Glyfos, Roundup®, glyphosate formulations,
etc., which are a World Health Organisation’s IARC Group 2A "Probably
Carcinogenic to Humans” for the years:

A) 1 April 2015 - 31 March 2016; B) 1 April 2016 - 31 March 2017; C) 1
April 2017 - 31 March 2018; D) 1 April 2018 - 31 March 2019; E) 1 April
2019 - 31 March 2020 (projected spend). *Part I ‘Right to information’
Section 1’General right of access to information held by public
authorities’ known as “the duty to confirm or deny” Freedom of Information
Act 2000.

 

Newry Mourne & Down Council use Roundup in a controlled manner to edge
paths and maintain areas from weeds around Council maintained amenity
areas, including picnic areas.

 

 

5. Please “confirm or deny”* if NEWRY, MOURNE AND DOWN DISTRICT COUNCIL’S
maintained and managed parks and outside sports areas and/or fields and
the areas around these HAVE been sprayed and/or are scheduled to be
sprayed with Glyphosate-based “weed killers”, including but not limited to
Glyfos, Roundup®, glyphosate formulations, etc., which are a World Health
Organisation’s IARC Group 2A "Probably Carcinogenic to Humans” for the
years: A 1 April 2015 - 31 March 2016; B 1 April 2016 - 31 March 2017; C 1
April 2017 - 31 March 2018; D 1 April 2018 - 31 March 2019; E 1 April 2019
- 31 March 2020 (projected spend).” 

 

Newry Mourne & Down Council use Roundup in a controlled manner to edge
paths and maintain areas from weeds around Council maintained sports
areas.

 

 

If you wish to discuss the above, please do not hesitate to contact me
directly.

I trust this is of assistance.  However, should you be unhappy with our
response in this matter you may request an Internal Review of our response
by 13/09/2019. You can contact Edel Cosgrove Head of Compliance
([email address]) in that regard. In the event you are unhappy
with the outcome of any Internal Review conducted by the Council you may
apply to the Information Commissioner's Office (ICO) for a review of our
response. Please note that the ICO generally expects Internal Reviews to
be completed prior to reviewing the decisions of public bodies.  For
further information in relation to Freedom of Information I would direct
you to the website of the Information Commissioner at: [1]www.ico.org.uk.

Regards

 

Suzanne Trainor

Information Officer

Comhairle Ceantair an Iúir Mhúrn agus an Dúin

Newry, Mourne and Down District Council

Downshire Civic Centre

Ardglass Road

Downpatrick

BT30 6GQ

 

Council: 0300 013 2233

Planning: 0300 200 7830  Ext:2104

 

www.newrymournedown

 

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