NOT PROTECTIVELY MARKED
22 February 2010
Your Ref:
Our Ref:
0049/2010
Michael Traill
Force Disclosure Unit
E mail:- request-27689-
Police Headquarters
[email address]
173 Pitt Street
GLASGOW
G2 4JS
Tel: 0141 435 1204
Fax: 0141 435 1218
Dear Mr Traill
FREEDOM OF INFORMATION REQUEST REFERENCE NUMBER 0049/2010
I refer to your request for information dated 24 January 2010, which was received by
Strathclyde Police on that date.
My request is for information relating to payments made to
informers during 2009.
Please provide a breakdown of each transaction for each informer and for what reason the
money was provided. In recognition that you cannot provide names for obvious reasons,
simply labeling people as
informer 1, informer 2 etc is perfectly acceptable.
For the avoidance of doubt the term ‘informer’ is more correctly referred to as a Covert
Human Intelligence Source (CHIS). This is the term used in the Regulation of Investigatory
Powers (Scotland) Act 2000 (RIPSA) which governs the use of CHIS by police forces in
Scotland. Throughout the remainder of this response I have used this term.
Your request for information has now been considered and on 22 February 2010 the decision
was made not to grant your request. In accordance with the Freedom of Information
(Scotland) Act 2002 (the Act), this letter represents a Refusal Notice. Section 16 of the Act
requires Strathclyde Police, when refusing to provide such information because the
information is exempt, to provide you with a notice which: (a) states that it holds the
information, (b) states that it is claiming an exemption, (c) specifies the exemption in question
and (d) states, if that would not be otherwise apparent, why the exemption applies. The
exemptions applicable to the information are as follows:
Section 34 (1) (a) & (b) and (3) – Investigations by a Scottish Public Authority.
Strathclyde Police uses CHIS for the purposes of obtaining information in support of
investigations which could lead to the prosecution criminals, or indeed, is used in the
prevention or disruption of criminal activities.
NOT PROTECTIVE
LY MARKED
Specific payments made to CHIS relate directly to individual investigations which Strathclyde
Police has a duty to conduct to ascertain whether a person should be prosecuted for an offence
or, prosecuted for an offence is guilty of it. Payments also relate directly to other
investigations conducted by the Force which are, by virtue of Her Majesty’s prerogative or of
powers conferred by or under any enactment, conducted by the Force for the purposes of
ascertaining whether a person has failed to comply with the law and relates to the obtaining of
information from confidential sources.
The requested information therefore is held by the Force for the purposes of such
aforementioned investigations and as such is exempt from disclosure.
This is a non absolute exemption and requires the application of the public interest test.
Section 35 (1) (a) & (b) – Law Enforcement.
Disclosure of the information requested would identify individual payments, provide detail on
individual investigations and outline the involvement of and assistance provided by individual
CHIS.
Those persons undertaking the role of CHIS do so at very considerable risk to their personal
safety and that of their families. The relationship between a CHIS and the Force is based on
an understanding of strict confidentiality. CHIS are well aware that they rely, for their safety,
on information relating to them being kept confidential by the police. Any disclosure of such
information may be viewed by CHIS as a lessening in this confidentiality which may
persuade existing CHIS to withdraw their services and would discourage persons from
becoming CHIS in the future.
Further, disclosure of the information would allow the criminal fraternity, particularly those
involved in organised crime groups, to make links based on their own criminal behaviour that
would allow them to identify CHIS activity which is affecting their own criminal activities or
network. This could again, lead to the identification of CHIS but even where this does not
occur the very fact that criminals knew or suspected that a CHIS was impacting on their
activities would be enough to dissuade individuals from acting as CHIS.
Conversely, disclosure of the information requested would also allow criminals to ascertain
that there was no CHIS activity affecting their activities. This would encourage these persons
to continue with their criminal activities with a higher degree of confidence.
In summary, disclosure of the information requested would discourage those persons
presently acting as CHIS from continuing in this role and would adversely affect the
recruitment of CHIS in the future. This would deny the Force valuable information with
which to conduct their key law enforcement role.
This then would, or would be likely to, prejudice substantially the prevention and detection of
crime and the apprehension or prosecution of offenders.
This is a non absolute exemption which requires the application of the public interest test.
Section 39 (1) – Health, Safety and the Environment
As previously stated those persons who act as CHIS do so at considerable risk to their own
safety and that of their families.
Where a person is identified as CHIS they are at risk of revenge attacks and attacks designed
to deter them and others from carrying out this role. The violence used in such attacks can be
severe and extreme, as; in particular, organised crime groups seek to protect their
considerable criminal activities. Disclosure of the information requested would allow
criminals to make assumptions on individuals based on patterns of behaviour which would
lead to persons being identified as CHIS or indeed, to persons being wrongly identified as
CHIS and subsequently subjected to violence.
The requested information relates to single individuals, with the attendant increased risk of
them being identified through disclosure.
Therefore disclosure would, or would be likely to, endanger the physical or mental health or
safety of an individual.
This is a non absolute exemption which requires the application of the public interest test.
Public Interest Test
The public interest factors favouring disclosure surround the accountability to the public for
the Forces activity in relation to CHIS and the spending of public funds in this area. Such
accountability always provides a strong public interest element in favour of disclosure.
That said the disclosure of the information which has been requested, could significantly
compromise the future law enforcement role of the Force, place the personal safety of
individuals and the general public in jeopardy, and adversely affect the bond of confidentiality
which presently exists between the Force and persons acting as CHIS.
The Force is subject of oversight through the Office of the Surveillance Commissioner in
relation to CHIS and as such is subject of regular inspections by this body.
The disclosure of the information would provide criminals and in particular organised
criminal groups with information in relation to police capabilities and would have an adverse
affect on criminal investigations and public safety.
It is therefore considered that in this instance the balance of the public interest test favours
retention of the information requested.
I have taken into consideration the decision made last year by the Scottish Information
Commissioner in which a similar question was asked (Decision 037/2009, Mr Stephen
Stewart of the Daily Record and the Chief Constables of Central, Grampian, Lothian &
Borders, Strathclyde and Tayside Police). I can confirm that in this instance and in line with
this decision, I perceive there to be no harm in the disclosure of the overall annual total paid
to CHIS by Strathclyde Police for the financial year period 2008 / 09.
The total payments made to CHIS by Strathclyde Police for the year 2008 / 09 was;
£221, 598.24
The decision notice issued by the Commissioner can be accessed on the website of the Office
of The Scottish Information Commissioner at the following link;
http://www.itspublicknowledge.info/home/ScottishInformationCommissioner.asp
By way of further information which may be of interest to you, as I am sure that you are
aware, oversight of CHIS is provided by the independent Office of the Surveillance
Commissioner. In Section 10 of his Annual Report of 2007 / 08 he makes comment on
requests for information by means of the Act. Information on the role of the Commissioner
and a copy of the aforementioned report is available on the website of the Office of the
Surveillance Commissioner at the following link;
http://www.surveillancecommissioners.gov.uk/docs1/osc_annual_rpt_2007_08.pdf
The Code of Practice in relation to Covert Human Intelligence Sources issued by Scottish
Ministers under section 24(1) of the Regulation of Investigatory Powers (Scotland) Act 2000
is available on the Scottish Government website at the following link;
http://www.scotland.gov.uk/Publications/2003/03/16694/19530
I hope this information is helpful, however, if you are not satisfied with the way in which
your request has been dealt with, you are entitled in the first instance to request a review of
the decision made by the Force. Should you wish to request such a review, please write to
Mrs Sheena Brennan, Disclosure Manager at the above address within 40 working days of
receiving this letter. Once informed of the Review Panel’s decision, if you are still not
satisfied, then you are entitled to apply to the Scottish Information Commissioner within six
months for a decision. Contact details are; Office of the Scottish Information Commissioner,
Kinburn Castle, Doubledykes Road, St Andrews, Fife, KY16 9DS, telephone 01334 464610.
I would like to take this opportunity to thank you for your interest in Strathclyde Police.
Should you require any further assistance concerning this matter please contact me directly on
0141 435 1204 quoting the reference number given.
Yours sincerely
John Cameron
Freedom of Information Officer
