Dear Mr. Finnon

I acknowledge receipt of your email which is receiving attention.

I shall contact you again when I am in a position to respond more fully to your request.

Yours sincerely

Neil McKay
Freedom of Information Co-ordinator
Democratic and Legal Services
North Lanarkshire Council
Civic Centre
Windmillhill Street
Motherwell
ML1 1 AB
Tel : 01698 302 484

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Dear
Mr
Finnon

Request for Information

I refer again to your e-mail of 21 May 2019 seeking information in
relation to the use of herbicides, fungicides, growth regulators and
pesticides.

Having regard to the nature of your request it appears to me that it is
governed by the provisions of the Environmental Information (Scotland)
Regulations 2004 rather than the Freedom of Information legislation and it
is in terms of these Regulations that my response is made.

Returning to your request and having investigated, my response to your
five enquiries is as follows:-

(1)          Please find the attached list of areas that the Council or Council
contractors tend to.

(2) & (5)          The following products are used in the areas –

                        Roundup pro bioactive – contains glyphosate –
herbicide.

                        Nomix duel – contains glyphosate – herbicide.

                        Chikara – does not contain glyphosate – herbicide.

                        Paradise – does not contain glyphosate –
herbicide.

                        Icade – does not contain glyphosate – herbicide.

                        Garlon ultra – does not contain glyphosate –
herbicide.

(3)                    I regret to advise you that the information on
dates on when each of the chemical products were used last is not held in
a format that is readily available.  Accordingly, I must advise that the
information requested for this part of your enquiry is exempt in terms of
Regulation 10(4)(b) of the Environmental Information (Scotland)
Regulations 2004 inasmuch as the cost of complying with your request would
be manifestly unreasonable and in all the circumstances of the case, it
has been concluded that the public interest in disclosing the information
is outweighed by that in maintaining the exemption.

                        By way of some assistance, spraying can take place
between 1 April and 30 November each year and all products used can be
used on all sites maintained.

(4)                    I regret to advise you that the information sought
is not held and in terms of Regulation 10(4)(a) of the Environmental
Information (Scotland) Regulations 2004 I must advise you of this. 

                        By way of some assistance, the application of a
herbicide is weather dependent and a decision to spray is normally taken
at short notice.  Spraying can take place between 1 April and 30 November
each year.

I can advise that North Lanarkshire Council, having regard to the
provisions of Regulation 16 of the Environmental Information (Scotland)
Regulations 2004, has established a procedure whereby any person who has
requested information in terms of those Regulations, may make
representations if it appears to the applicant that the authority has not
complied with any requirements of the Regulations in relation to the
applicant’s request.  Any such representations require to be made in
writing and received by the Council not later than 40 working days after
either the date that the applicant receives any decision or notification
which the applicant believes does not comply with these Regulations or the
date by which such a decision or notification should have been made, or
any other action should be taken by the authority, but was not made or
taken.  Any such representations should be addressed to the Head of Legal
and Democratic Solutions, Civic Centre, Windmillhill Street, Motherwell,
ML1 1AB.  Accordingly, if you wish to seek a review, please write to the
Head of Legal and Democratic Solutions.

I would advise, also, that in terms of Regulation 17 of the Environmental
Information (Scotland) Regulations 2004, a person who is dissatisfied with
a notice given by the local authority under Regulation 16(4) of the
Regulations - ie. a notice following a review of a decision by a local
authority, or by the failure of a local authority to give such a notice -
may make application to the Scottish Information Commissioner for a
decision as to whether, in any respect specified in that application, the
request for information to which the requirement relates has been dealt
with in accordance with the Regulations.  Such an application must be made
within six months of the review decision and be in writing or in another
form which, by reason of it having some permanency is capable of being
used for subsequent reference.  The application must state the name of the
applicant and provide an address for correspondence.  The application must
also specify the request for information to which the requirement for
review relates, the matter which gave rise to the applicant’s
dissatisfaction with the original decision of the local authority and the
matter which gives rise to the applicant’s dissatisfaction with the
decision on review by the local authority or the failure of the local
authority to issue such a decision.  The Scottish Information Commissioner
can be contacted as follows:-

Scottish Information Commissioner

Kinburn Castle

Doubledykes Road

St. Andrews

KY16  9DS

email: [1][email address]

Appeals to the Scottish Information Commissioner can also be made online
via the following link: -

[2]www.itspublicknowledge.info/Appeal

I hope this information is sufficient for your purpose.  If, however, you
require further information – or I can assist in any other way – please
let me know.

Yours sincerely

Angelene Kirkpatrick

For Freedom of Information Co-ordinator

North Lanarkshire Council

Civic Centre

Windmillhill Street

Motherwell

ML1 1AB

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