Diolch am eich gohebiaeth.

Os ydych yn gwneud cais am wybodaeth, bydd y cyfnodau isod yn berthnasol:

Deddf Rhyddid Gwybodaeth 2000 (DRhG) a’r Rheoliadau Gwybodaeth
Amgylcheddol 2004 (RhGA) - 20 diwrnod gwaith, oni bai bod angen eglurhad
arnom ynghylch y wybodaeth yr ydych yn gofyn amdano. 

O ganlyniad i’r sefyllfa bresennol gyda'r firws COVID-19 a'r effaith ar
rai o wasanaethau'r Cyngor, gall fod angen i flaenoriaethu ceisiadau DRhG
a RhGA, yn dibynnu ar y wybodaeth y gofynnir amdani. Ymddiheurwn am hyn.

Deddf Diogelu Data 2018 a’r GDPR (ceisiadau am ddata personol) – un mis ar
ôl derbyn y cais.

Os bydd angen eglurhad arnom ar unrhyw agwedd o’ch cais, byddwn yn
cysylltu â chi mor gynted ag y bo modd.

Tîm Llywodraethu Gwybodaeth
Cyngor Sir Gaerfyrddin

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Dear Ms. Thomas

I refer to your request for information, which was received on 2nd July, 2020 and has been dealt with under the Freedom of Information Act 2000.

The specific information you requested was contained in your email below.

The Council does hold the information you are seeking, however, after giving this matter careful consideration, we are of the view that this cannot be disclosed for reasons I will set out below.

In response to previous requests, the Council has provided a significant amount of information in relation to licensed dog breeders, including inspection reports completed by its Animal Health officers and Veterinarians.

However, we have since reviewed our approach to such requests and have come to a view that this type of information should no longer be released.

Disclosing information under the FOIA has the effect of placing it in the public domain. We are therefore required to disregard who has made a request and consider the impact of disclosure to the world at large.

There are credible concerns that publishing specific information such as breeds/numbers of dogs, site plans etc. in relation to each breeder would be likely to encourage incidents such as the theft of dogs, which have in fact occurred in recent years within Carmarthenshire. These kinds of incidents are of course criminal acts. Disclosure of this information would provide detailed information that would allow certain premises to be targeted based on factors such as the perceived value of the dogs, vulnerabilities and so forth.

Under Section 31 (1) (a) of the FOIA, a public authority may refuse to release information if to do so would, or would be likely to prejudice the prevention and detection of crime.

I am of the view that this exemption is engaged in this case, as releasing the information would be likely to prejudice the prevention of criminal offences, namely dog theft, or other incidents motivated by opposition to the practice of dog breeding.

Having established that the exemption found in Section 31 is engaged, I am now required to apply the public interest test. This requires me to consider whether the public interest in maintaining the exemption outweighs the public interest in disclosing the information. In doing so, it is important to draw a distinction between what may be of interest to members of the public and what is genuinely in the public interest – that is, what serves the interests of the public.

The case for disclosing the information is based on an ongoing public concern regarding the scale of dog breeding in rural areas such as Carmarthenshire and the interest the public has in ensuring that it is properly managed by the Council. This requires a degree of openness and transparency.

However, we believe these factors are outweighed by very strong countervailing considerations, namely:

• The inherent public interest in avoiding likely prejudice to the prevention of crime;
• The impact that any crimes likely to occur would have on the individuals concerned.

Accordingly, it is my view that the exemption should be maintained.

As I am refusing to provide the requested information, please consider this email to be a formal refusal notice as required by Section 17 of the Act.

Your right of appeal

I appreciate that you may be disappointed by this response, however, if you disagree with this decision, or the way in which your request has been dealt with, is to make a complaint in the first instance to:

The Head of Administration & Law
Carmarthenshire County Council
County Hall
Carmarthen
SA31 1JP

Email: [email address]

If you remain unhappy with the handling of your request or complaint, you have a right to make an appeal to the Information Commissioner at:

The Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF

Telephone: 0303 123 1113
Website: www.ico.gov.uk

There is no charge for making an appeal.

If I can be of any further assistance, please do not hesitate to contact me.

Yours sincerely

Julie John
Information Officer
ICT & Corporate Property/ TG a Pholisi Corfforaethol
Chief Executive’s Department/Adran Y Prif Weithredwr
Carmarthenshire County Council/Cyngor Sir Gaerfyrddin
 
Allanol/External (01267) 224498
Mewnol/Internal: 4498

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