Disclosure Log

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Question

Information Sought Where the Information Sought is available online, our client is content to receive that information by way of link to the respective online source. Appendix – Information Sought Choice of products 1) Which herbicides2 are currently used by or on behalf of the Council and/or on land owned by, managed by, or under the control of, the Council? 2) For the most recent 12-month period for which information is available, please identify the amount and brand of each herbicide in question (including making clear whether the product is glyphosate based or not). 3) What is the basis for the choice of product(s)? Insofar as the Council uses any glyphosate based product(s), please explain exactly why it does that rather than using other products (or other approaches not involving glyphosate). Please provide copies of any policy or other document which informs that decision-making. Steps taken to comply with legal requirements 4) What steps are taken by the Council to ensure that any such use of herbicides, and glyphosate products in particular, complies with Regulation 10 of the Plant Protection Products (Sustainable Use) Regulations 2012 and the applicable guidance, including: 4.1. Any instructions or similar given to people employed by the Council and 4.2. Any contractual or other provisions in relation to work undertaken by contractors. Please provide copies of any relevant documents (redacted to remove any commercially confidential financial information). 5) Please, in particular, provide details of any controls which are applied in respect of: 5.1. parks and gardens, 5.2. sports and recreation grounds, 5.3. school grounds, 5.4. children’s playgrounds, and/or 2 Defined to include products containing glyphosate 5.5. areas in the close vicinity of healthcare facilities. Please provide copies of any relevant documents. 6) Please also explain what controls (if any) apply in respect of herbicide use with regard to: 6.1. pregnant and nursing women, 6.2. the unborn, 6.3. infants and children, 6.4. the elderly, and/or 6.5. anyone potentially subject to high herbicide exposure over the long term. Please provide copies of any relevant documents. 7) Please also provide details of any controls or practices which are applied to ensure that herbicide use is targeted in accordance with Regulation 10(1)(b). 8) What is the Council’s policy on the use of herbicides on or near protected areas (including areas protected under the Water Framework Directive3 and the Habitats Directive4) if relevant within the Council’s area. Please provide copies of any relevant documents. Monitoring and enforcement 9) How does the Council monitor and enforce compliance (whether by its own employees or contractors) with Regulation 10 and the applicable guidance, as above? Please provide copies of any relevant documentation. 10) Please provide information and documentation relating to the Council’s consideration of, and action taken relating to, any complaints or other information relating to any potential failures to comply with those requirements within the last 5 years. Covid-19 11) Have the Government measures in response to Covid-19 impacted on the Council’s use of herbicides? 3 Council Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy 4 Council Directive 92/43/EEC on the Conservation of natural habitats and of wild fauna and flora 12) If there has been a reduction in use: 12.1. Please estimate that reduction as a %. 12.2. Has the Council been criticised for failing to control weeds through herbicide application? 13) Has the Council been criticised for failing to undertake routine mowing? 14) What steps (if any) is the Council intending to take to review existing policies and practice on herbicide use in light of its experience during the Covid-19 episode? 15) In particular, is the Council intending to consult the public (including vulnerable groups) on the future use of herbicides in light of Covid-19?

Answer

1) Which herbicides2 are currently used by or on behalf of the Council and/or on land owned by, managed by, or under the control of, the Council? Roundup Pro Active, Conqueror. 2) For the most recent 12-month period for which information is available, please identify the amount and brand of each herbicide in question (including making clear whether the product is glyphosate based or not). 2019- Roundup pro active- 215 ltrs, Conqueror 1 ltr Both Glyphosate based 3) What is the basis for the choice of product(s)? Insofar as the Council uses any glyphosate based product(s), please explain exactly why it does that rather than using other products (or other approaches not involving glyphosate). Please provide copies of any policy or other document which informs that decision-making. Products containing glyphosate are effective at controlling broad leaved weeds and at the moment there is no real alternative to its use. Steps taken to comply with legal requirements 4) What steps are taken by the Council to ensure that any such use of herbicides, and glyphosate products in particular, complies with Regulation 10 of the Plant Protection Products (Sustainable Use) Regulations 2012 and the applicable guidance, including: 4.1. Any instructions or similar given to people employed by the Council and 4.2. Any contractual or other provisions in relation to work undertaken by contractors. Please provide copies of any relevant documents (redacted to remove any commercially confidential financial information). Most of the application is now contracted out to a contractor who only uses equipment which is very specific to where it is applied. Risk assessments are done to minimise contact and use where possible. Staff are trained appropriately 5) Please, in particular, provide details of any controls which are applied in respect of: 5.1. parks and gardens, 5.2. sports and recreation grounds, 5.3. school grounds, 5.4. children’s playgrounds, and/or 2 Defined to include products containing glyphosate 5.5. areas in the close vicinity of healthcare facilities. Please provide copies of any relevant documents. No Additional controls are applied to use of Glyphosate on the above areas. 6) Please also explain what controls (if any) apply in respect of herbicide use with regard to: 6.1. pregnant and nursing women, 6.2. the unborn, 6.3. infants and children, 6.4. the elderly, and/or 6.5. anyone potentially subject to high herbicide exposure over the long term. Please provide copies of any relevant documents. No Additional controls are applied to use of Glyphosate on the above areas. 7) Please also provide details of any controls or practices which are applied to ensure that herbicide use is targeted in accordance with Regulation 10(1)(b). The majority of street spraying is contracted out. The use of Chlorophyll sensing machinery is used so application is kept to a minimum. Invasive weed treatment is area specific so application is only applied to where it’s needed. 8) What is the Council’s policy on the use of herbicides on or near protected areas (including areas protected under the Water Framework Directive3 and the Habitats Directive4) if relevant within the Council’s area. Please provide copies of any relevant documents. No official policy Monitoring and enforcement 9) How does the Council monitor and enforce compliance (whether by its own employees or contractors) with Regulation 10 and the applicable guidance, as above? Please provide copies of any relevant documentation. Only qualified operators are allowed to spray. 10) Please provide information and documentation relating to the Council’s consideration of, and action taken relating to, any complaints or other information relating to any potential failures to comply with those requirements within the last 5 years. No complaints received concerning compliance failures Covid-19 11) Have the Government measures in response to Covid-19 impacted on the Council’s use of herbicides? Yes, Staff and contractors haven’t been readily available to start spraying operations. 3 Council Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy 4 Council Directive 92/43/EEC on the Conservation of natural habitats and of wild fauna and flora 12) If there has been a reduction in use: Yes 12.1. Please estimate that reduction as a %. 80% 12.2. Has the Council been criticised for failing to control weeds through herbicide application? Yes 13) Has the Council been criticised for failing to undertake routine mowing? Yes 14) What steps (if any) is the Council intending to take to review existing policies and practice on herbicide use in light of its experience during the Covid-19 episode? None 15) In particular, is the Council intending to consult the public (including vulnerable groups) on the future use of herbicides in light of Covid-19? No