As we have been telling you in the two Weekly Updates posted so far, we have a number of Freedom of Information (FOI) requests in. Some of these are with Edinburgh Council, and some of these are with other Scottish Councils.

We need to allow 20 working days for a FOI request to be answered, and some of the ones we have in rely on getting answers from ALL the Scottish Councils before presenting our data.

However, this is the first one, submitted to Edinburgh Council, Ref: 46751:

Environmental Information (Scotland) Regulations 2004 - Release of Information
Subject: Management Rules for Cemeteries, Churchyards and Burial Grounds

Thank you for your request for information of 28/01/2024 where you asked a number of questions regarding the above.

You asked the following: (We knew the answer to this, we just wanted to see it in black & white)

Q1. Re Edinburgh Councils 'Management Rules for Cemeteries, Churchyards and Burial Grounds', can I ask if the word 'prohibited' indicates that Fixed Penalty Notices are issued as standard for infringements, as seems to be case in other Scottish Councils (usually £80).

A1. The rules were introduced using powers in the Civic Government Scotland Act 1982. Please note that the Act allows authorised officers to ask someone to leave the cemetery and the Council does not have the power under this act to issue fines.

So, absolutely no consequences for anyone “breaking the rules” apart from being “asked to leave the cemetery”.

Q2. If so, can I request the figures for Fixed Penalty Notices issues by Edinburgh Council for the following rule infringements in cemeteries, churchyards and burial grounds in 2022 and 2023:

• Behaviours which cause annoyance, offence, alarm or distress (Rule 1.1)
• Any wilful or careless act which damages or removes any artefact or memorial (Rule 1.2)
• Failing to keep your dog on a lead when in a cemetery (Rule 3.1)
• Allowing a dog to foul in a cemetery (Rule 3.3)

A2. Not applicable.

We must assume “not applicable” means zero. No fixed penalty notices were issued.

Surely 3.3 "Allowing a dog to foul in a cemetery” would carry a fixed penalty notice, however, there does not seem to have been one penalty issued in the entire years of 2022 and 2023 – hardly surprising considering “the Council does not have the power under this act to issue fines”.

So again, zero consequences.

Q3. Lastly, can I ask how these rules are enforced and policed?

A3. All cemetery staff are aware of the rules which are displayed in the cemetery notice boards and enforce these rules. City Centre cemeteries have a dedicated Enforcement Officer and is supported by the Councils Enforcement Team.

In correspondence we received recently from Cllr Val Walker, Convener of the Culture & Communities Committee, it is stated re enforcement of Cemetery Management Rules, “I’m aware that in practical terms this is limited as the cemeteries are not staffed."

This seems at odds with the reply given in the FOI?

How can cemetery staff “be aware of the rules” if “the cemeteries are not staffed”?

Is the “dedicated Enforcement Officer” one person?

City of Edinburgh Council owns and operates 43 cemeteries, churchyards and burial grounds across the city - it would be impossible for one person to regularly visit all 43.

Even if they did, they are powerless - all they can presently do is "ask someone to leave".

More FOI requests required to dig deeper on this one...

What is abundantly obvious with the present Edinburgh Council Cemetery Management Rules is that there are zero consequences for dog walkers letting their dogs off lead in cemeteries, churchyards and burial grounds, and letting them foul and damage graves.

Unnecessary, Disrespectful, and Unacceptable.