Enquiry Reference FOI2008/383
Request for information
The information you used to convince the Anglesey show ground to cancel the Bike show on Bank Holiday August.
The Freedom of Information Act is designed to give a general access to information to the public. However, the Act makes provision for withholding information that is crucial to maintaining the core activities of a public authority.
Information will not be released if it will affect the ability of the organisation in question to undertake its key functions.
Some exemptions are `absolute' and no release is required under Freedom of Information legislation. Other exemptions are `qualified' and we must undertake a public interest test to decide if disclosure should be made.
In the case of your request three qualified exemptions apply and therefore a public interest test has been completed. This document provides you with information about the public interest test. Generally speaking, information may be withheld under the public interest test if the public interest in maintaining the exemption outweighs the public interest in disclosing the information. It is not sufficient that information will be of interest to the public, its release must be beneficial to the community as a whole.
Harm Test
To the Service: The release of this information may prejudice working relationships between the Force, the local community, event organisers and future events.
The above point may reduce the willingness to work together with the police which would compromise public safety at events, damage the flow of information to the Force and affect the community policing. The effects of which may affect the ability of the Force to carry out investigations efficiently and effectively.
To an Individual(s): The release of the requested information may lead to identity of the sources of the information which would breach the Data Protection Act. Additionally, it would not be the expectations of the individuals involved that the information supplied would then be placed in the public domain.
Release would possibly create adverse reactions towards those individuals.
To the Community: The points made above regarding the harm to the service impact on the community. If North Wales Police can not efficiently and effectively carry out their primary role within the community this will affect the public.
Public Interest Test
The harm identified above gives rise to the following exemption under the Freedom of Information Act:
FOIA Section 40 (2): Personal Data - an absolute exemption.
FOIA Section 31 (1): Law Enforcement - a qualified and prejudice based exemption.
FOIA Section 38 (1) (a) (b): Health & Safety - a qualified and prejudice based exemption.
FOIA Section 41 (1) (b): Information Provided in Confidence - a qualified and prejudice based exemption.
Factors Favouring Disclosure
Public Awareness:
Accountability, as disclosure would demonstrate the commitment of the police service to the openness about its role and that action is taken.
The release of information would assist public participation and debate regarding the issues raised.
Release of information would contribute to the quality and accuracy of public debate regarding the event.
It may be considered that attendees to the event and all those involved have a legitimate interest in the information concerned.
Factors Favouring Non-Disclosure
Efficient and Effective Conduct of the Force:
The information is not an accurate reflection of the security of the event, the conduct of staff or of the safety of those persons attending the event.
Where current or future law enforcement role of the Force may be compromised by the release of information.
Disclosure of this data may lead to misunderstanding if reported in an incomplete manner by the media.
Flow of Information to the Force:
Release of the information request would undoubtedly affect the flow of information and willingness of the public and event organisers to work with the police due to reduced feeling of confidentiality. This in turn would hamper the Police work in the community and at future events.
Public Safety:
The release of the requested information may lead to adverse reactions by members of the public towards the police and event organisers.
If the willingness to work with the police for future events is reduced this would decrease public safety at these types of events.
Exemption Provisions
As there four exemptions which are relevant to this information this favours non-disclosure.
Balancing Test
We recognise that the public interest in being open and transparent is of great importance to all and release of this information may assist in the public being more aware of what is occurring in certain areas and allow them to make decisions accordingly.
Having considered both sides of the public interest, it is considered that the balance favours non disclosure of the information requested.