Dear Jason,

I write in connection with your request for information dated 12 Nov 09 concerning officers and police staff who are currently seconded out of the force.

Your request for information has now been considered and it is not possible to meet your requirements in full.

You wrote:

(1) How many Wiltshire officers and police staff, of which ranks/grades, are currently seconded out of the force?

(2) What force/organisation are they seconded to?

(3) The same information for the previous year.

Response:

Response:

The above spreadsheet shows those Officers and Police Staff who were seconded from Wiltshire Police during the dates requested. Wiltshire Police can also neither confirm nor deny (NCND) that we hold any more information by virtue of Section 23, Section 24, Section 31and Section 38 of the Freedom of Information Act 2000.

In line with Section 17(1) of the FoIA Wiltshire Police is required to articulate the public interest considerations for the use of NCND within exemptions 24, 31 and 38.

Harm and public interest considerations with regard to confirming or denying that the information is held

Disclosure Considerations

To confirm or deny levels of Police deployments to certain sensitive areas would reveal policing patterns, risk the identification of individuals in some of the smaller, specialist units, also the possibility of revealing involvement of any exempt bodies and the risk in undermining National Security.

Whilst the Police Service is committed to demonstrating proportionality and accountability regarding officer deployment it must always counter this with the demands for National Security. If the Police Service were to either confirm or deny certain deployments then essentially this would assist in revealing the scale of our operations which in turn would equip any extremist group with an understanding of the level of activity that would need to be mounted to overwhelm our assets working in this area. Any information which would either harm individual officers or put public safety at risk should not be disclosed.

Section 23 - Information supplied by, or concerning, certain security bodies

As this is an absolute exemption you do not need to provide the harm or public interest test.

Section 24 - National security

Whilst there is a public interest in the transparency of policing operations and in this case providing assurance that the police service are appropriately staffed and effectively engaging with the threat posed by domestic extremism and terrorist attacks through these national bodies, there is a very strong public interest in safeguarding both national security and the integrity of police investigations and operations in these highly sensitive areas.

Any information identifying the focus of domestic extremism policing activity could be used to the advantage of terrorists or criminal organisations. Information that undermines the operational integrity of these activities will adversely affect public safety, and have a negative impact on both National Security and law enforcement.

As much as there is public interest in knowing that policing activity is appropriate and balanced in matters of National Security this will only be overridden in exceptional circumstances. It is our opinion that for these issues the balancing test for disclosure is not made out.

Section 31 - Law enforcement

The police service is charged with enforcing the law, preventing and detecting crime and protecting the communities we serve. Therefore there is a public interest in the transparency and accountability of policing operations.

However, to confirm or deny the level of staff seconded or provided to the units by any force would enable those engaged in criminal or terrorist activity to identify the level or scale of police operations and activity across the UK. By disclosing how many officers have been seconded to certain security bodies, could affect law enforcement as subsequent requests, could demonstrate what the capabilities with regards to staffing levels, of the units are. This could enable terrorists or domestic extremists to work out how many staff are investigating certain proposed demonstrations for example, and target more vulnerable areas.

Section 38 - Health and Safety

Depending on whether the officer is seconded into a covert role within the units, would depend on whether they were content to potentially be identified. For example, Anton Setchell's name is often in the public domain.

However to confirm or deny which officers have been sent to the NPIOU for example, could lead to their identification and this in turn could place their health and safety at risk. It is a known fact that for instance, some domestic extremists have resorted to violence, such as fire bombing, anyone who is known to be associated with animal rights. If these people identified officers whose role was to detect this type of crime, it could put them and their families at risk.

Balance test

The security of the country is of paramount importance and the Police service will not divulge whether information is or is not held if to do so would place the safety of an individual at risk or undermine National Security. National units are naturally smaller in number with dedicated priorities in dealing with specified and sensitive issues. This makes these types of units more vulnerable and if information was disclosed identifying their numbers and the type of work they are involved in could put them at additional risk.

Therefore, at this moment in time, it is our opinion that for these issues the balancing test for disclosure is not made out.

No inference can be taken from this refusal that the information you have requested does or does not exist.

Section 17 of the Freedom of Information Act 2000 requires the Constabulary, when refusing to provide information (because the information is exempt) to provide you the applicant with a notice which: (a) states that fact, (b) specifies the exemption in question and (c) states (if that would not otherwise be apparent) why the exemption applies. In accordance with the Freedom of Information Act 2000 this letter acts as a Refusal Notice for those aspects of your request.

Exemption applied:

Section 23(5) Information relating to the Security bodies;

(1) Information held by a public authority is exempt information if it was directly or indirectly supplied to the public authority by, or relates to, any of the bodies specified in subsection (3).

(2) A certificate signed by a Minister of the Crown certifying that the information to which it applies was directly or indirectly supplied by, or relates to, any of the bodies specified in subsection (3) shall, subject to section 60, be conclusive evidence of that fact.

(3) The bodies referred to in subsections (1) and (2) are—

(a) the Security Service,

(b) the Secret Intelligence Service,

(c) the Government Communications Headquarters,

(d) the special forces,

(e) the Tribunal established under section 65 of the Regulation of [2000 c. 23.] Investigatory Powers Act 2000,

(f) the Tribunal established under section 7 of the [1985 c. 56.] Interception of Communications Act 1985,

(g) the Tribunal established under section 5 of the [1989 c. 5.] Security Service Act 1989,

(h) the Tribunal established under section 9 of the [1994 c. 13.] Intelligence Services Act 1994,

(i) the Security Vetting Appeals Panel,

(j) the Security Commission,

(k) the National Criminal Intelligence Service, and

(l) the Service Authority for the National Criminal Intelligence Service.

(4) In subsection (3)(c) “the Government Communications Headquarters” includes any unit or part of a unit of the armed forces of the Crown which is for the time being required by the Secretary of State to assist the Government Communications Headquarters in carrying out its functions.

(5) The duty to confirm or deny does not arise if, or to the extent that, compliance with section 1(1)(a) would involve the disclosure of any information (whether or not already recorded) which was directly or indirectly supplied to the public authority by, or relates to, any of the bodies specified in subsection (3).

Section 24(2) National Security;

(1) Information which does not fall within section 23(1) is exempt information if exemption from section 1(1)(b) is required for the purpose of safeguarding national security.

(2) The duty to confirm or deny does not arise if, or to the extent that, exemption from section 1(1)(a) is required for the purpose of safeguarding national security.

Section 30(3) Investigations;

(1) Information held by a public authority is exempt information if it has at any time been held by the authority for the purposes of—

(a) any investigation which the public authority has a duty to conduct with a view to it being ascertained—

(i) whether a person should be charged with an offence, or

(ii) whether a person charged with an offence is guilty of it,

(b) any investigation which is conducted by the authority and in the circumstances may lead to a decision by the authority to institute criminal proceedings which the authority has power to conduct, or

(c) any criminal proceedings which the authority has power to conduct.

(2) Information held by a public authority is exempt information if—

(a) it was obtained or recorded by the authority for the purposes of its functions relating to—

(i) investigations falling within subsection (1)(a) or (b),

(ii) criminal proceedings which the authority has power to conduct,

(iii) investigations (other than investigations falling within subsection (1)(a) or (b)) which are conducted by the authority for any of the purposes specified in section 31(2) and either by virtue of Her Majesty's prerogative or by virtue of powers conferred by or under any enactment, or

(iv) civil proceedings which are brought by or on behalf of the authority and arise out of such investigations, and

(b) it relates to the obtaining of information from confidential sources.

(3) The duty to confirm or deny does not arise in relation to information which is (or if it were held by the public authority would be) exempt information by virtue of subsection (1) or (2).

Section 31(3) 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,

(c) the administration of justice,

(d) the assessment or collection of any tax or duty or of any imposition of a similar nature,

(e) the operation of the immigration controls,

(f) the maintenance of security and good order in prisons or in other institutions where persons are lawfully detained,

(g) the exercise by any public authority of its functions for any of the purposes specified in subsection (2),

(h) any civil proceedings which are brought by or on behalf of a public authority and arise out of an investigation conducted, for any of the purposes specified in subsection (2), by or on behalf of the authority by virtue of Her Majesty's prerogative or by virtue of powers conferred by or under an enactment, or

(i) any inquiry held under the [1976 c. 14.] Fatal Accidents and Sudden Deaths Inquiries (Scotland) Act 1976 to the extent that the inquiry arises out of an investigation conducted, for any of the purposes specified in subsection (2), by or on behalf of the authority by virtue of Her Majesty's prerogative or by virtue of powers conferred by or under an enactment.

(2) The purposes referred to in subsection (1)(g) to (i) are—

(a) the purpose of ascertaining whether any person has failed to comply with the law,

(b) the purpose of ascertaining whether any person is responsible for any conduct which is improper,

(c) the purpose of ascertaining whether circumstances which would justify regulatory action in pursuance of any enactment exist or may arise,

(d) the purpose of ascertaining a person's fitness or competence in relation to the management of bodies corporate or in relation to any profession or other activity which he is, or seeks to become, authorised to carry on,

(e) the purpose of ascertaining the cause of an accident,

(f) the purpose of protecting charities against misconduct or mismanagement (whether by trustees or other persons) in their administration,

(g) the purpose of protecting the property of charities from loss or misapplication,

(h) the purpose of recovering the property of charities,

(i) the purpose of securing the health, safety and welfare of persons at work, and

(j) the purpose of protecting persons other than persons at work against risk to health or safety arising out of or in connection with the actions of persons at work.

(3) The duty to confirm or deny does not arise if, or to the extent that, compliance with section 1(1)(a) would, or would be likely to, prejudice any of the matters mentioned in subsection (1).

Section 38 Health and safety

(1) Information is exempt information if its disclosure under this Act would, or would be likely to—

(a) endanger the physical or mental health of any individual, or

(b) endanger the safety of any individual.

(2) The duty to confirm or deny does not arise if, or to the extent that, compliance with section 1(1)(a) would, or would be likely to, have either of the effects mentioned in subsection (1).

Wiltshire Police would like to thank you for the interest that you have shown in the Force.

Yours sincerely

Freedom of Information Decision Maker

The Wiltshire Constabulary offers a re-examination of your case under its review procedure.

Data Protection and Freedom of Information Unit

Chippenham Police Station, Wood Lane, Chippenham, Wiltshire SN15 3DH

Telephone 0845 408 7000 ext 343 Fax 01225 794690

Freedom of Information Request Appeals Procedure

If, upon receipt of a response to a request for information, you as the applicant are unhappy with the outcome, you are entitled to appeal against the decision reached in the following way:

In the first instance, you should write to the Data Protection and Freedom of Information Officer at the address given above. You will need to include the reference number and date of your request, plus details of why you are appealing.

Receipt of your appeal will be acknowledged including confirmation of the issue/s raised, a target date for response (as soon as practicable and in any case within three months) and the point of contact dealing with the appeal (who will be independent from the original decision maker).

A review of the appeal will then be conducted and you will be subsequently informed of the outcome, which could be one of three possibilities:

If after the appeals procedure has concluded, you are still dissatisfied, you have the right to direct your comments to the Information Commissioner (www.informationcommissioner.gov.uk) who will give it due consideration.

WILTSHIRE POLICE

www.wiltshire.police.uk