Income from fines

Mr Cross made this Freedom of Information request to Environment Agency

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 successful.

Dear Environment Agency,
I am writing to request information under the Environmental Information Regulations 2004.

Please provide me with a list of all fines forming part of the Environment Agency's revenue for the calendar years 2011 and 2012.

Please ensure the list includes:
(a) the name of person/entity who was fined
(b) the amount of the fine
(c) an indication of what the fine was for
(d) the date of the fine
(e) the amount of any write off/provision against the fine
(f) any other information about these fine that the Environment Agency routinely collects and stores in a systematic manner (e.g. in databases/spreadsheets)

Yours faithfully,

Mr Cross

Enquiries, Unit, Environment Agency

4 Attachments

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R.Stephens left an annotation ()

err... sorry to dash any theories, but prosecuting authorities don't get the fines, they are paid direct from the court to the treasury - same for the police and most certainly the EA. Point being they cannot be seen to profit from prosecuting or to be incentivised to do so.... actually it almost certainly costs them money as most authorities rarely get all their costs awarded, then only if they win, and quite a lot of people never pay up anyway.

Dear Environment Agency
Please can you also include in the list requested previously any Environment Agency fines which are to be paid to the Treasury or any other public body.

Yours sincerely,

Mr Cross

Mr Cross left an annotation ()

Thank you R. Stephens for this helpful annotation - I have sent a further email to the Environment Agency to make sure I get the info I want.

Enquiries, Unit, Environment Agency

Dear Mr Cross

 

Thank you for your enquiry.

 

In order for us to be able to attach this further request to your original
enquiry. Please can you reply to this email quoting reference   providing
your original enquiry and any reference numbers you have already received
as acknowledgment.

 

We look forward to your response.

 

From the 1 April 2013 the functions carried out by the Environment Agency
in Wales were taken over by a new body called Natural Resources Wales
(NRW).

Any enquiries for Wales, with the exception of Rod licensing and the
Carbon Reduction Commitment, should be directed to Natural Resources
Wales.

Natural Resources Wales will deal with your enquiry and / or process your
application.  If you have any further queries you can contact NRW Tel:
0300 065 3000  

e mail: [1][email address] or visit their
website: [2]www.naturalresourceswales.gov.uk

 

Yours truly

 

Sue Vizard

National Customer Contact Centre, part of National Operations

Environment Agency

Tel:   03708 506 506

Internal:   711 3866

 

Website: [3]www.environment-agency.gov.uk/

 

show quoted sections

Enquiries, Unit, Environment Agency

Dear Mr Cross

Thank you for your enquiry about Environment Agency fines.

Unfortunately, I cannot find your original enquiry so I don't know what it was about or what has happened to it. I apologise for any inconvenience that this may cause.

If you have already had a personal reply please reply to that other email with your request for further information. If you haven't received a reply by the middle of next week please re-submit your enquiry, including the request for information on fines.

Regards

Robert Dagnall
National Customer Contact Centre, part of National Operations
Environment Agency
Tel:   03708 506 506

show quoted sections

Dear Enquiries,
My original request can be viewed here: https://www.whatdotheyknow.com/request/i...

many thanks,

Mr Cross

Enquiries, Unit, Environment Agency

Dear Mr Cross
 
Thank you for your email regarding the additional request.
 
I have found your original email request under reference 130610/HP01 which
was forwarded to our national request team.
 
As per your request received on the 21/06/2013 referenced 130621/RD10, I
have copied the details as below and forwarded to our national request
team.
 
" Dear Environment Agency
  Please can you also include in the list requested previously any
Environment Agency fines which are to be paid to the Treasury or any other
public body.
 
  Yours sincerely,
 
  Mr Cross "
 
If you have any further queries please do contact us and we will be happy
to help.
 
Kind Regards
 
Darren Turner
Customer Service Advisor
Email Enquiries Unit
National Customer Contact Centre
Part of National Operations
Environment Agency
Tel: 03708 506506
Website: [1]www.environment-agency.gov.uk/
 
From the 1 April 2013 the functions carried out by the Environment Agency
in Wales were taken over by a new body called Natural Resources Wales
(NRW).
Any enquiries for Wales, with the exception of Rod licensing and the
Carbon Reduction Commitment, should be directed to Natural Resources
Wales.
Natural Resources Wales will deal with your enquiry and / or process your
application.  If you have any further queries you can contact NRW Tel:
0300 065 3000  
e mail: [email address] or visit their website:
[2]www.naturalresourceswales.gov.uk
 
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show quoted sections

National Requests, Environment Agency

4 Attachments

Our ref: NRJUN72

Date: 08/07/2013

 

Dear Mr Cross

 

RE: Request for information under the Environmental Information
Regulations 2004 (EIR)

 

Thank you for your enquiry received on 8 June 2013. We have considered
your request under the provisions of the Environmental Information
Regulations 2004 (EIR). Where an exception to disclosure applies under EIR
regulation 12(3), which relates to the provision of personal data,
disclosure is not permitted except in accordance with EIR regulation 13.

 

You asked for details of all fines forming part of the Environment
Agency's revenue for 2011 and 2012. You asked for the names of the
person/entity who was fined, the amount of the fine, an indication of what
the fine was for, the date of the fine, the amount of any write
off/provision against the fine and any other information routinely
collected by the Environment Agency about these fines.

 

Separately, you asked for details as above of Environment Agency fines
which are paid to the Treasury or any other public body.

 

Our response

 

The Environment Agency receives no revenue from fines. Fines are imposed
and collected by the courts and remitted to central government funds.

 

The attached documents therefore contain details of the fines resulting
from our prosecutions for 2011 and 2012, imposed and collected by the
courts and remitted to central government funds.

 

We are not able to disclose information which would identify named
individuals in respect of some of the convictions.  These are convictions
where we are not required by law to place details on a public register. 
This information is personal data under the Data Protection Act 1998 (DPA)
and to disclose it would breach the First Data Protection Principle of the
DPA.  Information about individuals which is currently held on a public
register has been included in the attached.

 

The information we have withheld is exempt due to Regulation 13(1) of the
Environmental Information Regulations 2004, which explains that:

 

“To the extent that the information requested includes personal data of
which the applicant is not the data subject and as respects which either
the first or second condition below is satisfied, a public authority shall
not disclose the personal data”.

 

The ‘first condition’ referred to above is further explained in Regulation
13(2)(a):

 

“…in a case where the information falls within any of paragraphs (a) to
(d) of the definition of “data” in section 1(1) of the Data Protection Act
1998, that the disclosure of the information to a member of the public
otherwise than under these Regulations would contravene —

i)                 any of the data protection principles…”.

 

The First Data Protection Principle requires that we are fair to
individuals when we collect and use their personal data.  In this case it
would be unfair to disclose names of individuals who have received fines
from the courts more than 12 months after that conviction.  Twelve months
is the period in which we would retain details of such convictions in
press releases on our website.  Those individuals have a reasonable
expectation that such information held by the Environment Agency would not
be disclosed beyond the publication of a contemporaneous press release. 
As stated above, this exception does not apply in respect of convictions
which we are required to place on a public register.

 

Accordingly, we are providing the following three reports:

 

·       Fines – Corporate Bodies – 2011-2012 – information on companies
and other legal entities fined within the relevant period

·       Fines – Individuals – Breaches – 2011-2012 – information related
to individuals convicted of breaching the conditions of a permit

·       Fines – Individuals – Non-Breaches 2011-2012 – anonymised
information related to individuals whose convictions were not in relation
to a permit.

 

I hope that we have correctly interpreted your request.  Please see the
attached copyright and disclaimer for details of permitted use.

 

If you are not satisfied with our response to your request for information
you can contact us to ask for our decision to be reviewed.  If you are
still not satisfied following this, you can then make an appeal to the
Information Commissioner, who is the statutory regulator for Freedom of
Information.  The address is: Office of the Information Commissioner,
Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF .

Tel: 01625 545700.

Fax: 01625 524 510.

E-mail:[email address]. 

Website: http//www.informationcommissioner.gov.uk

 

 

Yours sincerely

 

Linda Morris

 

The National Requests Team

National Customer Contact Centre

Part of National Operations

Environment Agency

 

 

 

 

Information in this message may be confidential and may be legally privileged. If you have received this message by mistake, please notify the sender immediately, delete it and do not copy it to anyone else.

We have checked this email and its attachments for viruses. But you should still check any attachment before opening it.
We may have to make this message and any reply to it public if asked to under the Freedom of Information Act, Data Protection Act or for litigation. Email messages and attachments sent to or from any Environment Agency address may also be accessed by someone other than the sender or recipient, for business purposes.

InsidetheEA left an annotation ()

I'd take caution with the data released. I have published the haphazard process that FoI requests are dealt with at www.insidetheenvironmentagency.co.uk