FOI 931/25

Request

I am writing to request information under the Freedom of Information Act 2000 regarding the enforcement and monitoring of the temporary 50mph speed limit currently in place on the M4 motorway between junction 45 (Ynysforgan) and junction 46 (Llangyfelach), Swansea.

Please provide the following information:

Requests from Agencies:

1. Since the implementation or initial proposal of the temporary 50mph speed restriction, have any external agencies (including but not limited to Welsh Government, South Wales Police, or Traffic Wales) submitted formal requests to GoSafe Wales for the monitoring and/or enforcement of driver speeds within this stretch?

1.1) If so, please list the agencies and the dates of their requests.

Speed Monitoring Data During Enforcement:

2) For each date on which a speed enforcement camera was deployed within the affected zone, please provide:

2.1)The average recorded vehicle speed.

2.2)The percentage of vehicles exceeding the 50mph limit on that date.

Speed Monitoring Data Prior to the Order:

3)Before the implementation of the current 50mph restriction, what was:

3.1)The average recorded vehicle speed on this stretch.

3.2)The percentage of vehicles exceeding the previous speed limit.

Future Enforcement Plans:

4) Are there any current or upcoming plans to actively enforce the temporary 50mph limit in this zone (e.g. deployment of mobile or fixed speed cameras, police monitoring, or automated enforcement systems)?

4.1)If so, please provide details of any planned activity or strategy.

Response

We have consulted with our Specialist Operations department who have provided the following information in relation to your request.

Question 1

Gosafe were approached by Welsh Government in July 2021, later requests were received in September 2023.

Question 2

No information held.

Question 3

No information held.

Question 4

South Wales Police neither confirms nor denies that it holds information relevant to your request by virtue of the following exemptions:

Section 31(3) Law Enforcement

Section 38(2) Health and Safety

Sections 31(3) and 38(2) being prejudice based and qualified, the harm (prejudice) in confirming or denying should be evidenced, the public interest considered, and both articulated to the applicant. 

Evidence of Harm in complying with Section 1(1)(a) – to confirm or not whether information is or isn’t held

The public expect police forces and other law enforcement agencies to use all powers and tactics available to prevent and detect crime or disorder and maintain public safety. Freedom of Information is a disclosure to the world at large and disclosing the requested information would diminish the effectiveness of the temporary speed limit - undermining law enforcement and risk the health and safety of road users.

Public Interest Considerations

Section 31 Law Enforcement

Public interest considerations favouring confirming or denying whether the information is held 

This would allow the public to be kept informed of the use of public funds.

Public interest considerations against confirming or denying whether the information is held

To confirm or deny that South Wales Police hold this information would be extremely harmful to the prevention of crime and would likely serve to actually increase crime in some force areas.

Section 38 Health and Safety

Public interest considerations favouring confirming or denying whether the information is held 

Confirming whether information is or is not held would provide reassurance to the public.

Public interest considerations against confirming or denying whether the information is held 

Confirming or denying that information exists could lead to the loss of public confidence in South Wales Police. To reveal information via a Freedom of Information request which would place the safety of individuals in danger, is not in the public interest. 

Balancing Test

The points above highlight the merits of confirming, or denying, whether any information pertinent to this part of your request exists. The Police Service is charged with enforcing the law, preventing and detecting crime and protecting the communities we serve. The Police Service will never divulge whether or not information pertinent to this request does or does not exist, if to do so would place the safety of an individual(s) at risk and/or undermine the policing purpose in the effective delivery of operational law enforcement. Whilst there is a public interest in the transparency of policing, there is an ever-stronger public interest in safeguarding the health and safety of individuals. 

Therefore, at this moment in time, it is our opinion that for these issues the balance test for confirming, nor denying that information is held is appropriate.

No inference can be taken from this refusal that information does or does not exist.