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Freedom of Information Act

Publication Scheme

Section 1 - Introduction
South Wales Sea Fisheries Committee (SWSFC) is a statutory body with responsibilities for the management and conservation of marine resources within a pre-defined District stretching from Cardiff in the east to Cardigan in the west, out to the six-mile Sea Fisheries limit.

The Committee's overall aim is the sustainable management of the marine environment through the regulation, development and protection of fisheries resources. In the achievement of this aim the Committee strives to conduct its business in an open, honest and transparent manner consistent with the role of Local Authorities.

This publication scheme is designed to identify and facilitate access to a range of information gathered, held and used by the Committee. It will assist in ensuring that the Committee complies with the provisions of the Freedom of Information Act (FOIA) 2000.

Section 19 of that Act states as follows:
1) "It shall be the duty of every public authority:
a) To adopt and maintain a scheme which relates to the publication of information by the authority and is approved by the Commissioner.
b) To publish information in accordance with its publication scheme and from time to time to review its publication scheme.
2) A publication scheme must:
a) Specify classes of information which the public authority publishes or intends to publish
b) Specify the manner in which information of each class is, or is intended to be, published; and
c) Specify whether the material is, or is intended to be, available to the public free of charge or on payment.
3) In adopting or reviewing a publication scheme, a public authority shall have regard to the public interest:
a) In allowing public access to information held by the authority; and
b) In the publication of reasons for decisions made by the authority. "
This scheme sets out the classes of information which the Committee publishes or intends to publish. The format in which the information is available, either hard copy, by inspection through appointment or on the Committee's website and whether or not the information is available free of charge or on payment of a fee.
Further information about the Freedom of Information Act 2000 can be obtained from (http://www.informationcommissioner.gov.uk)

Section 2 - Areas of Information
The Committee has identified the following core classes of information:

1. Committee Membership and Proceedings -detailing how the Committee structure operates.

2. Human Resources - detailing the staffing and personnel arrangements

3. Finance - periodic and audited accounts.

4. General Information - information of district activities and communications with stakeholders.

5. Legislation Relevant to the Committee's Functions - Fishery and marine environmental legislation.

6. Statistical and Fishery Information - publications, surveys and stakeholder information.

The classes of information set out under these headings are contained within the annexe at section 4.

Section 3 - Exempt information
In adopting this scheme there has been an effort to be as open as possible, but there are instances where, for legitimate reasons, certain parts of information are withheld.

As Sea Fisheries Committees (SFCs) are statutory bodies which are Committees or Joint Committees of local authorities they are therefore both democratically established and publicly accountable.
However, they are subject to various statutes, which together, determine the degree to which they can be open. Various Local Government Acts require that Committee proceedings are open to public inspection. On the other hand, where matters of contractual, commercial or personal sensitivity are discussed or published the public must be excluded from a meeting and/or the circulation of published material to the public must be restricted. In practice such occasions are generally rare, and the reasons behind the decision to exclude the public or restrict the circulation of published material must be clearly stated. (Local Government Act 1972 (as amended) : Access to Information Act (1985)).

The main role of SFCs is the management of (shell)fish stocks via the collection of personal information on catches and fishing effort, and the enforcement of regulations and prosecution of offenders. These aspects frequently requires the collection and collation of material which is of a sensitive nature, the processing and disclosure of which is the subject of the provisions of the Data Protection Act 1998 and the Committees' registration therein. Accordingly such personal information will not be made publicly available, although it is available in certain circumstances to the data subjects themselves.

Excluded throughout the scheme is the disclosure of general correspondence sent or received by the Committee, although it may be possible to confirm the existence of such correspondence and of actions taken , and to disclose its general content.

Section 4 - Publication Scheme - Core classes and categories of Information held (Annexe.)
A copy of the Publication Scheme will be made available on the Committees website and as a hard copy.

Section 5 - Accessing Information
The information contained within each class at section 4 may be accessed through a variety of means and in a number of formats where available.
All information is available for inspection on request, sometimes without a prior appointment.
If original documents are more readily available from another source, details of that organisation are specified within the scheme.
In making such information available, the public are requested to take account of the fact that SWSFC is a small organisation with limited resources and is subject to exigencies of service

Time limits - In certain classes a limitation on the age of some documents has also been stipulated. This does not necessarily mean that information beyond that date cannot be obtained but it does indicate that it is not readily available as a matter of course within the scheme.

Charging - Please note that in certain circumstances a charge will be made to cover the costs of copying the material and of post and packaging. Where this is the case, the application and extent of charges are made clear within the scheme at section 4 so you will know the approximate costs before you apply.

The Director of the Committee retains overall responsibility for the management of the Publication Scheme.
If you have an enquiry about the Publication Scheme or have any comments or suggestions please contact :
P J Coates (Director) in writing at the address below.

If you have an enquiry about a specific information source contact the :
Administrative Officer
South Wales Sea Fisheries Committee,
Queens Buildings;,
Cambrian Place,
SWANSEA,
SA1 1TW

Email: swsfc@aol.com, Tel (01792) 654466 Facsimilie 645987.

If you are not satisfied that information is being published in accordance with this scheme you are able to refer your complaint to :
The Information Commissioner,
Information Commissioners Office,
Wycliffe House,
Water Lane,
Wilmslow,
Cheshire
SK9 5AF.

 
Class / description
Exclusions / Exempt information?
Other information sources
Time limits? (from date of application)
Requires Prior Notice       Y/N
Fees? Y/N (* see below)
Form of Publication   (** see below)       H=Hard Copy W=Website
Requests logged?  Y/N
1) Committee and Proceedings              
  Role and functions      
N
N
H/W
N
  List of members      
N
N
H/W
N
  Register of members' interests      
N
N
H
Y
  Standing Orders      
N
Y
H
Y
  Agendas, papers and minutes
Items subject to 'access to information' not avail.
 
2 years
Y/N
Y
H
N
  Policy Statements (Equal opportunities, ICT and Environmental)      
N
Y
H
Y
  Publication scheme (Freedom of Information Act)      
N
N
H/W
Y
2) Human Resources              
  Staffing structure      
N
N
H/W
N
  Job descriptions      
N
Y
H
Y
  Terms & Conditions of employment      
N
Y
H
Y
  Health & Safety Policy      
N
Y
H
Y
3) Finance              
  Audited Accounts
Individual invoices etc and uncollated material
The sender /recipient
2 years
N
Y
H
Y
  Accounts as Paid (Committee Rpt)    
2 years
N
Y
H
Y
4) General Information              
  Director's Quarterly Reports  
DEFRA / WAG
5 years
N
Y
H
N
  Industry newsletters, notices and communications.
communications with individuals
The recipient
5 years
Y/N
Y
H
N
  Code of Practice      
N
N
H/W
N
  Press Releases    
5 years
N
Y
H
N
5) Legislation              
  Committee Byelaws  
NFFO year book - other SFCs - DEFRA/WAG
 
N
N
H/W
N
  Minimum fish sizes
communications with individuals
DEFRA / EU
 
N
N
H/W
N
  Primary and secondary legislation  
HMSO www. legislation.hmso.gov.uk
 
Y
Y
H
N
6)            Statistical & Fishing Information              
  District landing summary and statistics
Information relating to individuals in accord with Data Protection Act
DEFRA Statistics Unit, SFIA, SAGB
as available
Y
N
H some W
N
  Publications and Presentations    
as available
Y
Y
H
N
  Summary of inspections / prosecutions
Information relating to individuals
Other Fisheries Agencies - research institutions
2 years
Y
Y
H
N
  Stock Assessment reports
Not contracted survey work / private fisheries
 
as available
Y
Y
H
N
  Environmental Appraisals    
2 years
Y
Y
H
N
  Marine Stewardship Council assessments  
MSC
5 years
Y
Y
H
N
  List of permit and licence holders and fisheries association reps
Personal identifiers will be limited to disclosure under Date Protection Act
 
2 years
Y
Y/N
H
N
NOTES:  *   Charges are levied in accordance with South Wales Sea Fisheries Committee resolution upon the recovery of reasonable costs of photocopy, postage and packaging.  The Committee reserves the right (Sec. 50 FOIA) to withold the disclosure of information until the fee has been paid.
**  Publication response may be by e-mail, facsimile or post at Committee's discretion where the recipient is capable of receiving the distribution method.