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REQUEST
RESPONSE
Questions 1 & 2
In relation to your request the following exemption applies:
Section 31 (1)(a)(b) – Law Enforcement
Section 31 is a qualified, prejudice-based exemption and the legislators accept that there may be harm if released. The authority is therefore required to articulate the harm that may be caused and consider the public interest arguments for and against the disclosure of the information.
Overall Harm
A disclosure in response to a Freedom of Information request is not a disclosure to the individual applicant but a release into the public domain. It is important that a Police Force safeguards its effective and efficient service and does not disclose information that could undermine that.
Disclosure of the requested information would reveal our tactical capabilities and compromise the prevention or detection of crime and the apprehension or prosecution of offenders. This would hinder future investigations by assisting those who are intent on undertaking criminal activity.
Factors favouring Section 31
By disclosing the requested information, this would provide openness and transparency and better awareness to the public.
Factors against Section 31
The security of the public is of paramount importance and the Police Service will not divulge information if to do so could compromise law enforcement.
Balance Test
Whilst there is public interest in police transparency, there is stronger public interest in safeguarding information which could assist those who wish to disrupt the police service.
Therefore, it is our opinion that for these issues the balance test lies in favour of withholding the information.
In accordance with the Act, this letter acts as a refusal notice for this part of your request.
Question 3