I am writing to you under the Freedom of Information Act 2000 to request the following information:

Transcription

1 FOI Reference: 922/2017 Request: I am writing to you under the Freedom of Information Act 2000 to request the following information: 1. Please supply a current vehicle fleet list, detailing the vehicle make and model, as well as the role of each vehicle in the financial years; a) 2015/16 b) 2016/17 c) 2017/18 so far. 2. How much has the force spent on purchasing unmarked vehicles outright in the financial years 2015/16, 2016/17, and 2017/18 so far? Please break this information down by vehicle make and model, detailing the cost of each vehicle. 3. How much has the force spent on leasing unmarked vehicles in the financial years 2015/16, 2016/17, and 2017/18 so far? Please break this information down by vehicle make and model, detailing the annual cost of each lease contract. Response 1a & b: I can confirm that there is no information held by Dyfed Powys Police in relation to a fleet list for 2015/2016 and 2016/2017 as only a currently fleet list is held. Response 1c: I can confirm that Dyfed-Powys Police does hold some of the information requested, however a Section 31(1)(a)(b) Law Enforcement exemption has been applied to some of the requested information (i.e. any covert information) thereby exempting its release. (Please see details/rationale of the applied exemption at the end of the document which includes the Harm and Public Interest Test) 2017/2018 Fleet list Vehicle Make/Model BMW 320 SALOON BMW 320 TOURING BMW 320 TOURING BMW 320 TOURING BMW 330 TOURER BMW 330 TOURER BMW 330 TOURER Vehicle role TRAFFIC VEHICLE TRAFFIC VEHICLE TRAFFIC VEHICLE 1

2 BMW 330 TOURER TRAFFIC VEHICLE BMW 330 TOURER TRAFFIC VEHICLE BMW 330 TOURER TRAFFIC VEHICLE BMW 330 TOURER TRAFFIC VEHICLE BMW 330 xdrive SALOON BMW 330xDRIVE TOURER TRAFFIC VEHICLE BMW 330xDRIVE TOURER TRAFFIC VEHICLE BMW 330xDRIVE TOURER TRAFFIC VEHICLE BMW 530 SALOON BMW 530 SALOON BMW330 XDRIVE SALOON TRAFFIC VEHICLE BMW330 XDRIVE SALOON TRAFFIC VEHICLE 2

3 C MAX CITROEN RELAY CITROEN RELAY CITROEN RELAY CITROEN RELAY FORD FIESTA FORD FIESTA 3

4 EST EST EST EST EST EST EST EST EST EST EST EST EST EST EST EST EST EST EST EST EST EST EST EST EST EST EST EST EST EST EST EST EST EST EST EST 4

5 EST EST EST EST FORD MONDEO EST FORD MONDEO EST FORD MONDEO EST FORD MONDEO EST FORD MONDEO EST FORD RANGER FORD S MAX FORD TRANSIT 290 VAN VAN VAN 5

6 FORD TRANSIT 300 FORD TRANSIT 300 FORD TRANSIT 300 FORD TRANSIT 300 FORD TRANSIT 300 FORD TRANSIT 300 VAN VAN VAN VAN VAN VAN VAN VAN VAN VAN 6

7 FORD TRANSIT 330 7

8 HYUNDAI i20 HYUNDAI i20 HYUNDAI i20 HYUNDAI i20 JAGUAR XF KIA CEED L/R 110 DEFENDER L/R 110 DEFENDER L/R 90 DEFENDER L/R 90 DEFENDER L/R 90 DEFENDER TRAFFIC VEHICLE TRAFFIC VEHICLE 8

9 LDV LF45 MERCEDES SPRINTER MERCEDES SPRINTER PEUGEOT 3008 PEUGEOT 3008 PEUGEOT 3008 LGV 9

10 PEUGEOT EXPERT RENAULT MEGANE SKODA OCTAVIA SKODA OCTAVIA 10

11 SKODA RAPID VAN VOLKSWAGEN CADDY VOLKSWAGEN CADDY VOLVO XC70 D5 VOLVO XC70 D5 VOLVO XC70 D5 VOLVO XC70 D5 VOLVO XC70 D5 VOLVO XC70 D5 YAMAHA FJR1300A M/C VAN VAN VAN VAN MARKED TRAFFIC 4x4 MARKED TRAFFIC 4x4 MARKED TRAFFIC 4x4 MARKED TRAFFIC 4x4 MARKED TRAFFIC 4x4 MARKED TRAFFIC 4x4 11

12 YAMAHA FJR1300A M/C YAMAHA FJR1300A M/C YAMAHA FJR1300A M/C YAMAHA FJR1300A M/C YAMAHA FJR1300A M/C Response 2: I can confirm that Dyfed-Powys Police does hold the information requested, however a Section 31(1)(a)(b) Law Enforcement exemption has been applied to some of the requested information (i.e. any covert information) thereby exempting its release. (Please see details/rationale of the applied exemption at the end of the document which includes the Harm and Public Interest Test) 2015/16 to 2017/18 Year Total cost ( ) of unmarked vehicles purchased 2015/ , / , /2018 (so far) 30, Make/Model No. of vehicles BMW 320 TOURING 2 BMW 330 xdrive SALOON 3 BMW 530 SALOON 1 3 BMW330 XDRIVE SALOON JAGUAR XF 1 15 PEUGEOT Grand Total 77 Individual cost No. of vehicles 7, , , , , , , , ,

13 12, , , , , , , , , , , , , , , , Grand Total 77 Response 3: I can confirm that there is no information held for the period requested as Dyfed Powys Police does not lease any vehicles. Rationale for the explanation of the applied exemption (Section 31(1)(a)(b) Law Enforcement) Section 1 of the Freedom of Information Act 2000 places two duties on public authorities. Unless exemptions apply, the first duty at Section 1(1) (a) is to confirm or deny whether the information specified in a request is held. The second duty at Section 1(1) (b) is to disclose information that has been confirmed as being held. Where exemptions are relied upon section 17 of FOIA requires that we provide the applicant with a notice which: a) States that fact b) Specifies the exemption(s) in question and c) State (if that would not otherwise be apparent) why the exemption applies Section 31(1)(a)(b) Law Enforcement (1) Information which is not exempt information by virtue of section 30 is exempt information if its disclosure under this Act would, or would be likely to prejudice - (a) the prevention or detection of crime (b) the apprehension or prosecution of offenders Section 31 is a prejudice based qualified exemption and as such there is a requirement to provide details of the harm as well as the public interest test. Section 31 Evidence of Harm 13

14 Under the Act, we cannot, and do not request the motives of any application for information. We have no doubt that the vast majority of requests made under the Act are legitimate and the applicants do not have any ulterior motives. However, in disclosing information to one applicant, we are expressing a willingness to provide it to anyone in the world. This means that a disclosure to a genuinely interested and concerned person automatically opens it up for a similar disclosure, including those who would use the information to gain an advantage over our ability to exercise our core function which is Law Enforcement. In considering whether or not this information should be disclosed, consideration has been given to the potential harm that could be caused by disclosure. The police service is charged with enforcing the law, preventing and detecting crime and protecting the communities we serve. The general public are also aware that modern day policing is intelligence led and that there are changes on a day to day basis. Disclosure of information in respect of certain unmarked vehicles connected with covert policing would divulge the forces tactical capability in respect of this area of policing which would cause operational harm to the Dyfed-Powys Police Force as well as potentially place officer s safety at great risk as well as that of the general public by affecting our ability to fulfil our core function of law enforcement. The release of such information would be invaluable to those with criminal intent as criminals would be able to identify force tactical capabilities as well as in which force areas resources are vulnerable, and use this knowledge to their own advantage in furthering criminal activity not only within this force but also throughout the country. This would or would be likely to prejudice the prevention or detection of crime and the apprehension or prosecution of offenders. Public Interest Test: Section 31 - Considerations favouring disclosure Factors favouring the disclosure of this information would include better awareness may reduce crime or lead to more information from the public Section 31 - Considerations favouring non-disclosure However factors favouring non-disclosure would be that it would compromise law enforcement tactics and more crime could be committed. This would have an impact on police resources and would hinder the prevention or detection of crime and place individuals at risk Balance Test After considering the advantages and disadvantages in disclosure it falls upon Dyfed-Powys Police to conduct a balance test on the issues. The strongest arguments for release which is better awareness may reduce crime or lead to more information from the public need to be weighed against the strongest argument for non-release which in this case is Effective Law Enforcement. The Police Service is tasked with the prevention and detection of crime and protecting the public. Whilst there is a public interest in better awareness may reduce crime or lead to more information from the public there is very strong public interest in safeguarding the protection of the public and the effective use of police resources. 14

15 Therefore, in all the circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information. It should be noted that owing to the systems adopted by Dyfed-Powys Police in relation to the recording of such matters the information provided may or may not be accurate. (This is a response under the Freedom of Information Act 2000 and disclosed on 29/01/18) 15