The Toothless Tiger.
Welcome to another "FOI Friday" where we share with you some of the facts, figures and information we have received as a result of Freedom of Information requests.
We are constantly being told, both by Edinburgh Council and the Scottish Government that the responsibility for the management, security and upkeep of cemeteries lies with the local authority where the cemeteries are located, and existing legislation ensures that these local authorities have the powers to put appropriate measures in place to tackle unacceptable behaviour in cemeteries.
Although we knew the answer to the question, we asked Edinburgh Council's Bereavement Services what these "powers are" at our recent meeting?
We were told:
1: A dog walker can be "expelled" from an Edinburgh Cemetery for repeatedly breaking the Cemetery Management Rules. Effectively "asked to leave".
2: The next step. A dog walker can be "excluded" from an Edinburgh Cemetery for repeatedly breaking the Cemetery Management Rules. Effectively "banned altogether".
3: The final step. A dog walker can be reported to the Procurator Fiscal due to repeatedly breaking the Cemetery Management Rules. so a probably court appearance and a fine.
We submitted a Freedom of Information request to Edinburgh Council, asking the following questions...and received the following answers:
How many dog walkers were:
Q1. Excluded from an Edinburgh cemetery in 2023 for repeatedly breaking Cemetery Management Rules?
A1. None
Q2. Expelled from an Edinburgh cemetery in 2023 for repeatedly breaking Cemetery Management Rules?
A2. None
Q3. Reported to the Procurator Fiscal in 2023 due to repeatedly breaking Cemetery Management Rules?
A3. None
We keep getting told that any form of a ban on dogs in Edinburgh cemeteries is "impossible to police", yet these eight other Scottish Councils (not seven, as the Counter Petition tell you) seem to at the very least attempt it (all information verified through further Freedom of Information requests):
- Aberdeenshire: No dogs except assistance dogs
- East Dunbartonshire: No dogs except assistance dogs
- East Lothian: No dogs except assistance dogs
- Highlands: No dogs except assistance dogs
- Inverclyde: No dogs except assistance dogs
- Scottish Borders: No dogs except assistance dogs
- Stirling: No dogs except assistance dogs
- West Lothian: Exercising of dogs not permitted
Judging by the number of times the "powers" available were used in the whole of 2023 by Edinburgh Council in regard to the current Cemetery Management Rules (zero times), it is obvious that the current rules are just as "impossible to police" and Edinburgh Council are failing dismally at enforcing these rules.
A toothless tiger indeed...something needs to change.