Direct Communications Unit

2 Marsham Street, London SW1P 4DF

Switchboard 020 7035 4848 Fax: 020 7035 4745 Textphone: 020 7035 4742

E-mail: [Home Office request email] Website: www.homeoffice.gov.uk

[FOI #24315 email]

Mr Harding

Reference: T22101/9 FOI 13675

Dear Mr Harding,

Thank you for your e-mail of 05/12/2009 8:56:47 PM, requesting information on authorisations made under Section 44 of the Terrorism Act 2000.

You specifically asked for:

(1) The release of all locations in Cheshire that are designated under Section 44.

(2) A total of areas actively designated under the legislation that the Home Office is aware of, along with full reasons as to any non disclosure.

With regards to questions 1 and 2, the Home Office does hold the information that you requested pertaining to authorisations in England, Wales and Scotland. However, after careful consideration we have decided that all of the information is exempt from disclosure by virtue of section 24 (1) relating to national security and section 31 (1) (a-c) relating to the prevention and detection of crime, the apprehension or prosecution of offenders or the administration of justice. These are qualified exemptions and I have considered whether the balance of the public interest favours releasing or withholding this material in Annex A in this letter.

Furthermore, the disclosure of a section 44 authorisation in a particular area is an operational matter for the police force covering that area. You may therefore wish to write to Cheshire Police force and advise them of your enquiry.

I have highlighted the following links that may be of interest to you in relation to published statistics that the Home Office holds in relation to section 44 Stop and Searches: http://www.homeoffice.gov.uk/rds/pdfs09/hosb1809.pdf.

If you are dissatisfied with this response you may request an independent internal review of our handling of your request by submitting your complaint within 2 months to the below address.

Information Access Team

Information and Record Management Service

Home Office

Ground Floor, Seacole Building

2 Marsham Street

London

SW1P 4DF

Email: [email address]

During the independent review the department's handling of your information request will be reassessed by staff who were not involved in providing you with this response. Should you remain dissatisfied after this internal review, you will have a right of complaint to the Information Commissioner as established by section 50 of the Freedom of Information Act.

I realise that you may be disappointed with this response. However we have considered the application of exemptions with great care in this case, and the Home Office always seeks to provide as much information as it is able to.

Yours sincerely

J Fanshaw

ANNEX A

Application of s24(1) (National Security)

s.24 National Security

(1) Information which does not fall within section 24(1) is exempt information if exemption from section 1(1) (b) is required for the purpose of safeguarding national security.

Considerations Favouring Disclosure

There is a general public interest in disclosure and the fact that openness in government increases public trust in, and engagement with, the government. In relation to powers conferred under section 44 of the Terrorism Act 2000, there is public interest in ascertaining whether these powers are being used proportionally and fairly.

Considerations Favouring Non-disclosure

However, this needs to be balanced against the need to maintain the confidentiality of specific designated locations and particular authorisations in order not to hamper any current or future operational activity or limit the tactics of law enforcement agencies.

Publishing information about current or previous authorisations and the particular areas they cover might enable terrorists to pinpoint areas where their activities are most likely to go unobserved, or may draw attention to vulnerable areas that are not already widely known. Terrorists might be able to deduce from specific authorisations at particular times or in particular areas whether their activities had come to the attention of the authorities. I have decided that the public interest in maintaining this exemption is greater than that in releasing the requested information.

We have determined that safeguarding national security interests is of paramount importance and that in all circumstances of the case it is our opinion that the public interest clearly favours the non-disclosure of information covered by section 24(1).

Application of s31 (1) (a-c) (the prevention and detection of crime, apprehension or prosecution of offenders and the administration of justice)

Section 31 (1) (a-c) provides that information is exempt if its disclosure would, or likely to prejudice the prevention or detection of crime, the apprehension or prosecution of offenders or the administration of justice.

Considerations Favouring Disclosure

There is a general public interest in disclosure and the fact that openness in government increases public trust in, and engagement with, the government. In relation to powers conferred under section 44 of the Terrorism Act 2000, there is public interest in ascertaining whether these powers are being used proportionally and fairly.

Considerations Favouring Non-disclosure

As described above, the degree of harm caused by the release of this information is significant: it would interfere with the law enforcement community's ability to identify arrest and prosecute terrorists. Disclosure of the timing and location of section 44 authorisations would provide those who wish to avoid the notice of the authorities with information which would help them to do so. Disclosure of this information for current authorisations would help them build up a picture of the extent of stop and search powers in different locations, and might draw attention to vulnerable infrastructure. Disclosure might also enable individuals to deduce whether their activities had come to the notice of the authorities. This would again be prejudicial. I have decided that the public interest in maintaining this exemption is greater than that in releasing the requested information.

We have determined that safeguarding various types of law enforcement activities is of vital importance and it is our opinion that the public interest clearly favours the non-disclosure of information covered by section 31 (1) (a-c).