Fixed penality notice payment rates

Ally Tibbitt made this Freedom of Information request to Marine Scotland

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

The request was partially successful.

Dear Marine Scotland,

Please treat this email as a Freedom of Information Request.

Please provide details of all statutory enforcement actions undertaken by Marine Scotland in the last three years. This should include dates, locations and descriptions of all actions, including, but not limited to, written warnings, fixed penalty notices, and verbal warnings.

Where Fixed Penalty Notices have been issued, please indicate whether these notices were subsequently paid by the recipient, or in the case of non-payment by the recipient, whether further action was taken by Marine Scotland through referral to the courts.

I would prefer not to receive the requested information in a pdf format file. If possible, please supply the requested information in a Microsoft Excel spreadsheet, broken down by year and enforcement action.

I look forward to hearing from you in due course.

Yours faithfully,

Ally Tibbitt

Marine Scotland

Thank you for contacting Marine Scotland. We will deal with your enquiry
as quickly as possible.

 

If you have a media enquiry, call 0131 244 022.

 

For more information, visit our website: www.gov.scot/marinescotland.

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Marine Scotland

Good afternoon,

Thank you for your request dated 12th August 2019 under the Freedom of Information (Scotland) Act 2002 (FOISA) for details of all statutory enforcement actions undertaken by Marine Scotland in the last three years. This should include dates, locations and descriptions of all actions, including, but not limited to, written warnings, fixed penalty notices, and verbal warnings.

Where Fixed Penalty Notices have been issued, please indicate whether these notices were subsequently paid by the recipient, or in the case of non-payment by the recipient, whether further action was taken by Marine Scotland through referral to the courts.

We received your request on 12th August 2019 and will respond in accordance with FOISA by 9th September 2019.

If you have any queries, please contact John Brownlie quoting case number FoI/19/01910.

Ruth
 
Ruth Allen I Business Manager I Marine Scotland Compliance I
Scottish Government I 1 A North I Victoria Quay I Edinburgh I EH6 6QQ
 
Tel: 0131 244 8470
Blackberry: 07827 284027

www.gov.scot/marinescotland

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Marine Scotland

Good morning,

Further to my email yesterday, please accept my apologies for missing contact details.

Mr Brownlie can be contacted through [Marine Scotland request email]

Kind regards,

Ruth
 
Ruth Allen I Business Manager I Marine Scotland Compliance I
Scottish Government I 1 A North I Victoria Quay I Edinburgh I EH6 6QQ
 
Tel: 0131 244 8470
Blackberry: 07827 284027

www.gov.scot/marinescotland

show quoted sections

Marine Scotland

2 Attachments

Dear Ally Tibbitt,

FOISA Acknowledgment of request

Thank you for your request dated 12 August 2019 under the Freedom of
Information (Scotland) Act 2002 (FOISA) for “…details of all statutory
enforcement actions undertaken by Marine Scotland in the last three years.
This should include dates, locations and descriptions of all actions,
including, but not limited to, written warnings, fixed penalty notices,
and verbal warnings.

 

Where Fixed Penalty Notices have been issued, please indicate whether
these notices were subsequently paid by the recipient, or in the case of
non-payment by the recipient, whether  further action was taken by Marine
Scotland  through referral to the courts. “

We received your request on 12 August 2019 and will respond in accordance
with FOISA by 9 September 2019.

If you have any queries, please contact me quoting case number
FoI/19/01985.

Kind regards

Hugh

Hugh Mitchell

Enforcement Manager, Marine Scotland Compliance

40 Hall Street, Campbeltown, Argyll, PA28 6BU

0131 244 8696 [1][email address]

 

[2]http://saltire/Documents/Communicating%2...

 

To see how we use your personal data, please view our privacy notice at
[3]https://www.gov.scot/Topics/marine/Compl...

P Please consider your environmental responsibility before printing

 

References

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1. mailto:[email address]
3. https://www.gov.scot/Topics/marine/Compl...

Marine Scotland

2 Attachments

Dear Ally Tibbitt,

 

“Thank you for your request dated 12 August 2019 under the Freedom of
Information (Scotland) Act 2002 (FOISA) for “…details of all statutory
enforcement actions undertaken by Marine Scotland in the last three years.
This should include dates, locations and descriptions of all actions,
including, but not limited to, written warnings, fixed penalty notices,
and verbal warnings.  Where Fixed Penalty Notices have been issued, please
indicate whether these notices were subsequently paid by the recipient, or
in the case of non-payment by the recipient, whether  further action was
taken by Marine Scotland  through referral to the courts. “

 

In order to identify and locate the information that you have asked for we
need some further information from you.  Our recording systems do not
readily provide the information as you have requested. You have requested
details of “all statutory enforcement actions” and that this should
include “written warnings, fixed penalty notices and verbal warnings”.
 Statutory enforcement actions for Marine Scotland are limited to the
issue of Fixed Penalty Notices and the referral of cases to Crown Office
Procurator Fiscal Service for consideration of prosecution.  We do not
consider written warnings, advisory letters and verbal re-briefs to be
“statutory enforcement actions” in this context, rather these are a result
of well-established and widely used enforcement practice.

 

Written Warnings, Fixed Penalty Notices and cases referred to COPFS are
all undertaken and issued from a central location.  Advisory letters are
almost always issued locally, from local Fishery Offices situated around
the coast of Scotland. There are a significant number of Advisory letters
issued throughout a year and while we can provide a number in terms of the
quantity issued and from which office they were issued, our systems cannot
readily provide more information than that. 

 

I would therefore be grateful for you to provide further clarity as to
what information you are requesting.  As I am unable to continue without
this, I will put your request on hold until I hear back from you. 

 

When we receive this further information from you we will be able to
respond to your request, in accordance with FOISA, within 20 working days
of when we receive that information.

If you wish to discuss any of the above, please contact me. You may also
find it helpful to look at the Scottish Information Commissioner’s ‘Tips
for requesting information under FOI and the EIRs’ on his website at:
[1]http://www.itspublicknowledge.info/YourR....

 

Yours sincerely

 

Hugh Mitchell

Enforcement Manager, Marine Scotland Compliance

40 Hall Street, Campbeltown, Argyll, PA28 6BU

0131 244 8696 [2][email address]

 

[3]http://saltire/Documents/Communicating%2...

 

To see how we use your personal data, please view our privacy notice at
[4]https://www.gov.scot/Topics/marine/Compl...

P Please consider your environmental responsibility before printing

 

 

 

 

 

From: Mitchell H (Hugh)
Sent: 22 August 2019 08:49
To: '[FOI #596671 email]'
<[FOI #596671 email]>
Cc: Brownlie JR (John) <[email address]>
Subject: Freedom of Information request - Fixed penalty notice payment
rates - FoI/19/01985

 

Dear Ally Tibbitt,

FOISA Acknowledgment of request

Thank you for your request dated 12 August 2019 under the Freedom of
Information (Scotland) Act 2002 (FOISA) for “…details of all statutory
enforcement actions undertaken by Marine Scotland in the last three years.
This should include dates, locations and descriptions of all actions,
including, but not limited to, written warnings, fixed penalty notices,
and verbal warnings.

 

Where Fixed Penalty Notices have been issued, please indicate whether
these notices were subsequently paid by the recipient, or in the case of
non-payment by the recipient, whether  further action was taken by Marine
Scotland  through referral to the courts. “

We received your request on 12 August 2019 and will respond in accordance
with FOISA by 9 September 2019.

If you have any queries, please contact me quoting case number
FoI/19/01985.

Kind regards

Hugh

Hugh Mitchell

Enforcement Manager, Marine Scotland Compliance

40 Hall Street, Campbeltown, Argyll, PA28 6BU

0131 244 8696 [5][email address]

 

 

[6]http://saltire/Documents/Communicating%2...

 

To see how we use your personal data, please view our privacy notice at
[7]https://www.gov.scot/Topics/marine/Compl...

P Please consider your environmental responsibility before printing

 

References

Visible links
1. http://www.itspublicknowledge.info/YourR...
2. mailto:[email address]
4. https://www.gov.scot/Topics/marine/Compl...
5. mailto:[email address]
7. https://www.gov.scot/Topics/marine/Compl...

Hi,

Thanks for seeking clarification. I am content to receive information on written and verbal warnings broken down by number, local office and year, if possible.

It would also be helpful if you could provide data on the number of "repeat offenders" by location - those operators that have received multiple written or verbal warnings over the three years.

I understand it may not be possible to release personal data on individuals, but where companies have been subject to any type of enforcement action I'd be grateful if you could provide information on the companies that have been subject to statutory enforcement action, or repeated written and verbal warnings.

I hope this helps.

Thanks,

Yours faithfully,

Ally Tibbitt

Marine Scotland

1 Attachment

Thank you for contacting Marine Scotland. We will deal with your enquiry
as quickly as possible.

 

If you have a media enquiry, call 0131 244 022.

 

For more information, visit our website: www.gov.scot/marinescotland.

Marine Scotland

4 Attachments

Good Afternoon Ally Tibbitt,

 

Please find attached response in relation to your request under the
Freedom of Information (Scotland) Act 2002 (FOISA). Reference number
 FoI/19/01985.

 

Kind Regards

 

Hugh

 

Hugh Mitchell

Enforcement Manager, Marine Scotland Compliance

40 Hall Street, Campbeltown, Argyll, PA28 6BU

0131 244 8696 [1][email address]

 

[2]http://saltire/Documents/Communicating%2...

 

To see how we use your personal data, please view our privacy notice at
[3]https://www.gov.scot/Topics/marine/Compl...

P Please consider your environmental responsibility before printing

 

References

Visible links
1. mailto:[email address]
3. https://www.gov.scot/Topics/marine/Compl...

Ally Tibbitt left an annotation ()

Data from this FOI was reported in this story: https://theferret.scot/fines-fishermen-p...