A representative organisation on behalf of an employee on a named fishing vessel and Sea Fisheries Protection Authority (Sea Fisheries Protection Authority)

In a request dated 3 November 2021, the applicant, through his representative, sought access to copies of European Community logs submitted by the owner of a named fishing vessel between February and November 2019. In a decision dated 25 November 2021, the SFPA refused access to the 28 records it identified as relevant to the request, under sections 35, 36 and 37 of the FOI Act.

On 11 January 2022, the applicant applied to this Office for a review of the SFPA-�s decision. In his application for review, he said that what is being sought are the dates and times fishing nets were cast from the vessel.

I have now completed my review in accordance with section 22(2) of the FOI Act. In carrying out my review, I have had regard to the submissions made by the applicant and to the submissions made by the FOI body in support of its decision. I have also had regard to the relevant contents of the records concerned. I have decided to conclude this review by way of a formal, binding decision.

This review is concerned solely with whether the SFPA was justified in refusing access, under sections 35, 36 and 37 of the FOI Act, to details of the dates and times fishing nets were cast from a named fishing vessel.

While the applicant has outlined his reasons for seeking access to the records, it is important to note that under section 13(4) of the Act, in deciding whether to grant or refuse a request, any reason that the requester gives for the request shall be disregarded. This means that this Office cannot have regard to the applicant's motives for seeking access to the information in question, except in so far as those motives reflect what might be regarded as public interest factors in favour of release of the information where the Act requires a consideration of the public interest.