Penalties for Bracken

Summary

The request sought documentation regarding the implementation and specific penalties for Bracken Fern under the Agricultural Development Scheme (ADS) for 2018. The authority disclosed the regulatory history and specific acreage penalties for two businesses but withheld detailed records citing exemptions for research effort, public availability, and commercial interests.

Key Facts

• The Countryside Care Scheme was approved by Tynwald on 17 December 2008 and commenced on 1 April 2009.
• Standards 17 (Encroachment of unwanted vegetation) and 10 (Undergrazing) specifically relate to Bracken Fern.
• In the 2018 scheme year, two businesses received penalties for over-declaring land due to the presence of Bracken.
• The total over-declared land affected by Bracken penalties in 2018 was 39.85 acres and 4 acres respectively.
• Detailed individual inspection files were withheld as compiling them would require research not mandated by the Act.

Data Disclosed

• 17 December 2008
• 1 April 2009
• 2018
• 2 businesses
• 39.85 acres
• 4 acres
• GC 62/08
• GC 61/08
• GC 64/08

Exemptions Cited

• Section 8(3) of the Freedom of Information Act 2015 (research or analysis not required)
• Section 20 of the Freedom of Information Act 2015 (information available by other means)
• Section 30 of the Freedom of Information Act 2015 (Economy and commercial interests)

Original Request

1. All documentation in the DEFA's possession, custody or control including electronic documentation in relation to the actual date ADS penalties for alleged infringements were implemented as in formally being Signed into Regulation. The commencement date for which the Regulation was to apply or commence for every regulation but to include that which applies to Bracken Fern. 2. All documentation in the DEFA's possession, custody or control including electronic documentation in relation to ADS penalties alleged, including documentation in relation to Bracken Fern for the 2018 year. 3. All documentation in the DEFA's possession, custody or control including electronic documentation for ADS penalties imposed to include dates imposed and to include documentation in relation to Bracken fern for the 2018 year. 4. All documentation in DEFA's possession, custody or control including electronic documentation for any Withdrawal of ADS penalties following their imposition, including documentation in relation to Bracken Fern for 2018 year. 5. All documentation in DEFA's possession, custody or control including electronic documentation where Reasons for withdrawal of previously imposed ADS penalties, including documentation in relation to Bracken Fern.

Data Tables (1)

Full Response Text

Freedom of Information Co-ordinator Corporate Services Directorate Thie Slieau Whallian, Foxdale Road, St John’s, Isle of Man, IM4 3AS Tel no (01624) 685854 Fax no (01624 685851 Email: defa@gov.im www.gov.im

Our ref: 883965 20th August 2019

Dear ###,

This request is being handled under the Freedom of Information Act 2015 (the Act).

We write further to your request which was received on the 15th July 2019. Each of your questions has been answered in turn below. It is also worth pointing out that, although it is sometimes easier to release documents in their entirety, the Act gives “… a … right to obtain access … to information held by a public authority.” Consequently it is the information contained within the documents that has been considered for release not the documents themselves.

"1. All documentation in the DEFA's possession, custody or control including electronic documentation in relation to the actual date ADS penalties for alleged infringements were implemented as in formally being Signed into Regulation. The commencement date for which the Regulation was to apply or commence for every regulation but to include that which applies to Bracken Fern. Response The Countryside Care Scheme was approved by Tynwald on the 17th December 2008 and came into operation on the 1st April 2009. The supporting documents describing the standards and penalties were approved at the same time. Cross Compliance Standards were approved in Government Circular (GC) 62/08 and the penalties were approved in GC 61/08. Standards 17 (Encroachment of unwanted vegetation) and 10 (Undergrazing) particularly relate to Bracken. GC 64/08 (A Land Classification Policy …) also addresses the eligibility of Bracken and was approved at the same time. Each of the above GCs was then incorporated within the Agricultural Development Scheme (ADS) in 2015 by inclusion in the definitions. All of the above documents are available here https://www.gov.im/about-the- government/departments/environment-food-and-agriculture/agriculture- directorate/agricultural-development-scheme-legislative-background/ 2. All documentation in the DEFA's possession, custody or control including electronic documentation in relation to ADS penalties alleged, including documentation in relation to Bracken Fern for the 2018 year. Response The administration of the ADS and its inspection regime, including penalties, is managed through individual business files relating to each applicant, meaning there are up to 30 individual inspection files for the 2018 scheme year, all of which will contain very different types and volumes of information. While our aim is to provide information whenever possible, to answer this question would require work to be done that (“… research into, or analysis of, …”), under section 8(3) of the Act is not required. In addition to the above information available to you by means other than a Freedom of Information request is absolutely exempt from release here under section 20 of the Act. There are however statistics relating to land eligibility and cross compliance penalties here https://www.gov.im/categories/business-and-industries/agriculture/agricultural- development-scheme/statistics/ 3. All documentation in the DEFA's possession, custody or control including electronic documentation for ADS penalties imposed to include dates imposed and to include documentation in relation to Bracken fern for the 2018 year. Response In relation to ADS penalties in general please see the response to Q2 above. In relation to ADS penalties relating to Bracken; in the 2018 Scheme year 2 businesses had penalties imposed for over declaring land which was, at inspection, found to be of reduced eligibility due to the presence of Bracken. Those over declarations (due to the presence of Bracken)of eligible land were 39.85 acres and 4 acres. All other information in relation to this question is withheld under section 30 of the Act (Economy and commercial interests). As there are only two businesses affected those businesses could easily be identified and its release would be likely to prejudice the commercial interests of the people running those businesses by allowing scrutiny of their ADS claims by the general public and business competitors to a greater degree than they should reasonably expect thus enabling customers and suppliers of those businesses to make judgements about their financial positions. Public Interest test In assessing where the public interest lies in relation to the release of this information the following considerations have been made. Factors in favour of release: • It is in the public interest for members of the public to be able to scrutinise and assess whether public money is being distributed as intended by Tynwald. • It is in the public interest for all of those businesses which apply to the ADS to be able to see that they are all treated equitably under the same rules and guidelines. Factors against release: • All businesses applying to the ADS have a reasonable expectation that the detail of their claims and subsequent dealings with the Department are administered with a degree of confidentiality. On balance it is not considered in the wider public interest to release any more information than that stated above. 4. All documentation in DEFA's possession, custody or control including electronic documentation for any Withdrawal of ADS penalties following their imposition, including documentation in relation to Bracken Fern for 2018 year. Response In relation to ADS penalties in general, please see the response to Q2 above. In relation to ADS penalties relating to Bracken; in the 2018 Scheme year one applicant had a penalty withdrawn subsequent to a Stage 2 appeal. More information relating to the outcome of that appeal can be found here https://www.gov.im/categories/business-and-industries/agriculture/agricultural- development-scheme/appeals-process/stage-2-appeal-outcomes/ 5. All documentation in DEFA's possession, custody or control including electronic documentation where Reasons for withdrawal of previously imposed ADS penalties, including documentation in relation to Bracken Fern."

Response In relation to ADS penalties in general, please see the response to Q2 above. In relation to ADS penalties relating to Bracken, please use the link in the response to Q4 above.

Please quote the reference number 883965 in any future communications.

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I will now close your request as of this date.

Yours sincerely