Copies of e-mails and other correspondence exchanged between East Lothian Council and Dunbar Fishermen's Association.

The request was successful.

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

Freedom Of Information, East Lothian Council

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

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Freedom Of Information, East Lothian Council

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.

 

show quoted sections

Freedom Of Information, East Lothian Council

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.

 

 

 

show quoted sections

Stuart Turnbull

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

Freedom Of Information, East Lothian Council

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

show quoted sections

Freedom Of Information, East Lothian Council

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.

 

 

show quoted sections

Chief Executive, East Lothian Council

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

show quoted sections

References

Visible links
1. mailto:[email address]
2. mailto:[email address]
3. http://www.eastlothian.gov.uk/

Dora, Christine, East Lothian Council

109 Attachments

Instalment 1 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

show quoted sections

References

Visible links
1. mailto:[email address]
2. http://www.eastlothian.gov.uk/

Dora, Christine, East Lothian Council

8 Attachments

Instalment 3 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

show quoted sections

References

Visible links
1. mailto:[email address]
2. http://www.eastlothian.gov.uk/

Dora, Christine, East Lothian Council

187 Attachments

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

show quoted sections

References

Visible links
1. mailto:[email address]
2. http://www.eastlothian.gov.uk/

Dora, Christine, East Lothian Council

86 Attachments

Instalment 4 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

show quoted sections

References

Visible links
1. mailto:[email address]
2. http://www.eastlothian.gov.uk/

Dora, Christine, East Lothian Council

80 Attachments

Instalment 5 of 5.

 

Regards

 

Christine

 

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

show quoted sections

References

Visible links
1. mailto:[email address]
2. http://www.eastlothian.gov.uk/

Dora, Christine, East Lothian Council

And finally – I would be grateful if you would acknowledge receipt so I
know these emails have reached you.

 

Regards

 

Christine

 

show quoted sections

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