Dear Sir or Madam,

I have determined that the procedure by which the Secretary of
State is notified of Section 44 Terrorism Act 2000 authorisations
involves applications from Assistant Chief Constables or above
being submitted to the National Joint Unit (NJU) of the
Metropolitan Police Service (MPS).

This fact was revealed on page 9 of Cm 7429, "The Government reply
to the report by Lord Carlile of Berriew Q.C.: report on the
operation in 2007 of the Terrorism Act 2000 and of Part 1 of the
Terrorism Act 2006", published 23 June 2008

Please can I be sent:

* Copies of the specimen forms and guidances notes maintained and
issued by the NJU to help police forces around the country to
comply with their duties under Section 46 of the Act.

* Blank copies of the notices which are sent to the Home Office
from the NJU for Ministerial authorisation (which must occur within
48 hours).

* The format of the database (list of fields and descriptions) in
which all Section 44 applications are entered into by the NJU as
part of the processing.

* A full copy of the contents of this database.

Yours faithfully,

Julian Todd

Dear Mr Todd,

Freedom of Information Request Reference No: 2008110005594

I write in connection with your request for information which was
received by the Metropolitan Police Service (MPS) on 24 November 2008. I
note you seek access to the following information:

"I have determined that the procedure by which the Secretary of
State is notified of Section 44 Terrorism Act 2000 authorisations
involves applications from Assistant Chief Constables or above
being submitted to the National Joint Unit (NJU) of the
Metropolitan Police Service (MPS).

This fact was revealed on page 9 of Cm 7429, "The Government reply
to the report by Lord Carlile of Berriew Q.C.: report on the
operation in 2007 of the Terrorism Act 2000 and of Part 1 of the
Terrorism Act 2006", published 23 June 2008

Please can I be sent:

* Copies of the specimen forms and guidance notes maintained and
issued by the NJU to help police forces around the country to
comply with their duties under Section 46 of the Act.

* Blank copies of the notices which are sent to the Home Office
from the NJU for Ministerial authorisation (which must occur within
48 hours).

* The format of the database (list of fields and descriptions) in
which all Section 44 applications are entered into by the NJU as
part of the processing.

* A full copy of the contents of this database.
"

Your request will now be considered in accordance with the Freedom of
Information Act 2000 (the Act). You will receive a response within the
statutory timescale of 20 working days as defined by the Act, subject to
the information not being exempt or containing a reference to a third
party. In some circumstances the MPS may be unable to achieve this
deadline. If this is likely you will be informed and given a revised
time-scale at the earliest opportunity.

Some requests may also require either full or partial transference to
another public authority in order to answer your query in the fullest
possible way. Again, you will be informed if this is the case.

Your attention is drawn to the attached sheet which details your right of
complaint.

I would like to take this opportunity to thank you for your interest in
the MPS.

Should you have any further inquiries concerning this matter, please write
or contact K.Simmons via the e-mail address at the top of this
letter,quoting the reference number above.

Yours sincerely

K.Simmons
Policy and Support Officer

COMPLAINT RIGHTS

Are you unhappy with how your request has been handled or do you think the
decision is incorrect?

You have the right to require the Metropolitan Police Service (MPS) to
review their decision.

Prior to lodging a formal complaint you are welcome and encouraged to
discuss the decision with the case officer that dealt with your request.

Ask to have the decision looked at again –

The quickest and easiest way to have the decision looked at again is to
telephone the case officer that is nominated at the end of your decision
letter.

That person will be able to discuss the decision, explain any issues and
assist with any problems.

Complaint

If you are dissatisfied with the handling procedures or the decision of
the MPS made under the Freedom of Information Act 2000 (the Act) regarding
access to information you can lodge a complaint with the MPS to have the
decision reviewed.

Complaints should be made in writing and addressed to:

FOI Complaint
Public Access Office
PO Box 57192
London
SW6 1SF

In all possible circumstances the MPS will aim to respond to your
complaint within three months.

The Information Commissioner

After lodging a complaint with the MPS if you are still dissatisfied with
the decision you may make application to the Information Commissioner for
a decision on whether the request for information has been dealt with in
accordance with the requirements of the Act.

For information on how to make application to the Information Commissioner
please visit their website at www.informationcommissioner.gov.uk.
Alternatively, phone or write to:

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Phone: 01625 545 700

show quoted sections

Dear Mr Todd

Freedom of Information Request Reference No: 2008110005594

I write in connection with your request for information which was received
by the Metropolitan Police Service (MPS) on 24/11/2008. I note you seek
access to the following information:

· I have determined that the procedure by which the Secretary of
State is notified of Section 44 Terrorism Act 2000 authorisations involves
applications from Assistant Chief Constables or above being submitted to
the National Joint Unit (NJU) of the Metropolitan Police Service (MPS).
This fact was revealed on page 9 of Cm 7429, "The Government reply to the
report by Lord Carlile of Berriew Q.C.: report on the operation in 2007 of
the Terrorism Act 2000 and of Part 1 of the Terrorism Act 2006", published
23 June 2008

Please can I be sent:

* Copies of the specimen forms and guidances notes maintained and
issued by the NJU to help police forces around the country to comply with
their duties under Section 46 of the Act.

* Blank copies of the notices which are sent to the Home Office from
the NJU for Ministerial authorisation (which must occur within 48 hours).

* The format of the database (list of fields and descriptions) in
which all Section 44 applications are entered into by the NJU as part of
the processing.

* A full copy of the contents of this database.

Following receipt of your request searches were conducted within the MPS
to locate information relevant to your request.

Pursuant to the provisions of Section 21 of the Freedom of Information Act
2000 (the Act) I have decided to refuse access to the information you have
requested.

Section 21 of the Act provides:

(1) Information which is reasonably accessible to the application
otherwise than under section 1 is exempt information…
(3) For the purposes of subsection (1), information which is held by a
public authority and does not fall within subsection (2)(b) is not to be
regarded as reasonably accessible to the applicant merely because the
information is available from the public authority itself on request,
unless the information is made available in accordance with the
authority's publication scheme and any payment required is specified in,
or determined in accordance with, the scheme.

The information you have requested is available the sites detailed below.
The first of which links to the Home Office Circular dated August 2006 and
the second which links direct to a copy of Annex A to the above quoted
document which details the forms and guidance that you seek in the first
part of your request.

In addition there are many references in the Ministry of Justice
Statistical Bulletins about arrests for Recorded Crime and these include
the Terrorism Act 2000.

http://www.knowledgenetwork.gov.uk/HO/ci...

http://www.knowledgenetwork.gov.uk/HO/ci...

With regard to providing details of the contents of the database, I am
afraid that I am not required by statute to release the information
requested. This letter serves as a Refusal Notice under Section 17 of the
Freedom of Information Act 2000 (the Act).

Section 17 of the Act provides:

(1) A public authority which, in relation to any request for
information, is to any extent relying on a claim that any provision in
part II relating to the duty to confirm or deny is relevant to the request
or on a claim that information is exempt information must, within the time
for complying with section 1(1), give the applicant a notice which-

(a) states the fact,
(b) specifies the exemption in question, and
(c) states (if that would not otherwise be apparent) why the exemption
applies.

The details contained within the database would be exempt from disclosure
as the following exemptions would apply:

Section 23 (2) Information relating to the security bodies
Section 24 (1) National Security
Section 31(1) Law enforcement

Section 23 of the Act is an absolute exemption, which provides that
information which was directly or indirectly supplied to the Metropolitan
Police Service by, or relates to, a body dealing with security matters
then that information is exempt.

Sections 24 (1) is a qualified exemption which mean that information is
exempt if exemption is required for the purpose of safeguarding national
security and if its disclosure would, or would be likely to, prejudice the
national security. Section 31 (1) provides that information is exempt if
the disclosure of that information would prejudice the prevention or
detection of crime.

In considering the public interest factors in relation to the disclosure
of this information we would consider the general public interest in
openness and accountability of the police service. However this would be
considered against not disclosing information to protect law enforcement
and national security issues. Section 44 of the Terrorism Act 2000 is an
important tool in the on going fight against terrorism. To reveal details
about the geographic areas where authorisations are in place would limit
the effect of these powers as a counter terrorism measure. It would also
limit the effectiveness of the law enforcement activity because knowledge
of where the authorisations were in place would be of considerable benefit
to those individuals attempting to avoid detection when planning to carry
out an act of terrorism.

The following links are to two statistical publications that might be if
interest to you:

http://www.justice.gov.uk/docs/arrests-r...

http://www.justice.gov.uk/docs/stats-rac...

Yours sincerely

Gill Brown
Information Manager

show quoted sections

Dear Sir or Madam,

Thank you for your reply on 17 December 2008 to my 23 November
request for information relating to Section 44 Terrorism Act 2000
authorisations in which I was served with:

* Three exemptions to my request for a copy of the database in
which details of all Section 44 authorisations are entered into by
the NJU

* No comment at all about my request for the format of this
database.

Please consider this a letter of complaint in order that an
internal review can be conducted regarding my Freedom of
Information request.

The grounds for my complaint are as follows:

* Section 23(2) (Information relating to the security bodies) does
not apply owing to the fact that none of those directly involved in
the Section 44 powers (neither the chief police constable giving
the authorisation, the Secretary of State confirming the
authorisation, nor the police officers who actually apply these
powers) fall under the security bodies listed in Section 23(3).
Consequently, there remains a duty to confirm or deny whether such
a database of Section 44 authorisations exists.

* Section 24(1) (National security) does not apply owing to the
fact that Section 44(3) Terrorism Act asserts that authorisations
"may be given only if the person giving it considers it expedient
for the prevention of acts of terrorism". While these hypothetical
acts of terrorism may occasionally relate to issues national
security (in terms of infrastructure and agents of the state), the
comments made in Lord Carlile's annual reports about the use of
Section 44, as well as personal testimonies of those who have been
subject to these searches, suggest that many do not. Quite clearly,
the existence, structure, and contents of the database as a whole
is not a national security issue. Where there is a potential for
security body information to be recorded in this database (if it
exists), such columns can easily be omitted from any disclosure
leaving only the civilian information.

* Section 31(1) (Law enforcement) was served as an exemption on the
basis that "knowledge of where the authorisations were in place
would be of considerable benefit to those individuals attempting to
avoid detection when planning to carry out an act of terrorism."
However, the database (if it exists) would contain all the expired
authorisations over the past seven years. This historical
information cannot be of any use to terrorists attempting to avoid
detection for acts which they intend to commit in the future.

In fact the balance for disclosure weighs the other way. The
non-existence (as suggested by the non-response to my request) of
an effective database of information surrounding Section 44
Terrorism Act authorisations would prejudice the purpose 2(c) of
Section 31 (the purpose of ascertaining whether circumstances which
would justify regulatory action in pursuance of any enactment) as
well as being able to deal with the problems of the "inconsistency
of approach among chief officers as to why, and if so when, section
44 should be used"[Page 8, para 32, Report on the Operation in 2007
of the Terrorism Act 2000 and of Part I of the Terrorism Act 2006
by Lord Carlile of Berrier Q.C. June 2008]

There is a wide perception among those who have been subject to the
extraordinary police powers granted by Section 44 Terrorism Act
2000 that the authorisations are frequently being given for
convenience rather than for the expedient prevention of acts of
terrorism. It is beneficial for people to have a reasonable
confidence that the Secretary of State has the tools to effectively
review the application of these powers en masse to provide the
statutory oversight that is required. That is why it would be in
the public interest to disclose as much as possible about the
capabilities and contents of this database into which information
that passes through the NJU and the Home Office could be gathered.

A full history of my FOI request and all correspondence is
available on the Internet at this address:
http://www.whatdotheyknow.com/request/se...

Yours sincerely,

Julian Todd

Dear Mr Todd

Freedom of Information Request Reference No: 2009010000732

I write in connection with your letter dated 31 December 2008 requesting
that the Metropolitan Police Service (MPS) review its response dated 17
December 2008 to your request for information relating to:

FOIA original case number 2008110005594.

The review will be conducted in accordance to the MPS's complaints
procedure. The MPS endeavour to respond to your complaint by 25 February
2009.

Should you have any further inquiries concerning this matter, please
contact Sarah Pallen on telephone number 020 71613604 or at the address at
the top of the letter quoting the reference number above.

Thank you for your interest in the MPS.

Yours sincerely

Sarah Pallen
Freedom of Information Policy, Research, Review Officer

COMPLAINT RIGHTS

Are you unhappy with how your request has been handled or do you think the
decision is incorrect?

You have the right to require the Metropolitan Police Service (MPS) to
review their decision.

Prior to lodging a formal complaint you are welcome and encouraged to
discuss the decision with the case officer that dealt with your request.

Ask to have the decision looked at again –

The quickest and easiest way to have the decision looked at again is to
telephone the case officer that is nominated at the end of your decision
letter.

That person will be able to discuss the decision, explain any issues and
assist with any problems.

Complaint

If you are dissatisfied with the handling procedures or the decision of
the MPS made under the Freedom of Information Act 2000 (the Act) regarding
access to information you can lodge a complaint with the MPS to have the
decision reviewed.

Complaints should be made in writing and addressed to:

FOI Complaint
Public Access Office
PO Box 57192
London
SW6 1SF

In all possible circumstances the MPS will aim to respond to your
complaint within 40 working days.

The Information Commissioner

After lodging a complaint with the MPS if you are still dissatisfied with
the decision you may make application to the Information Commissioner for
a decision on whether the request for information has been dealt with in
accordance with the requirements of the Act.

For information on how to make application to the Information Commissioner
please visit their website at www.informationcommissioner.gov.uk.
Alternatively, phone or write to:

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Phone: 01625 545 700

show quoted sections

Dear Mr Todd

Freedom of Information Request Reference No: 2009010000732

Further to our letter of 6 January 2009, I have unfortunately been unable
to meet the response time originally provided to you in relation to:

Original case number 2008110005594

I hope to complete your review no later than 6 March 2009. Should there
be any unforeseen delay, I will contact you and update you as soon as
possible.

I apologise for the delay, and thank you for your patience.

COMPLAINT RIGHTS

If you are dissatisfied with this response please read the attached paper
entitled Complaint Rights which explains how to contact the Information
Commissioner with your complaint.

Should you have any further inquiries concerning this matter, please
contact me quoting the reference number above.

Yours sincerely

S. Pallen
Freedom of Information Policy, Research, Review Officer

COMPLAINT RIGHTS

Are you unhappy with how your request has been handled or do you think the
decision is incorrect?

You have the right to require the Metropolitan Police Service (MPS) to
review their decision.

Prior to lodging a formal complaint you are welcome and encouraged to
discuss the decision with the case officer that dealt with your request.

Ask to have the decision looked at again –

The quickest and easiest way to have the decision looked at again is to
telephone the case officer that is nominated at the end of your decision
letter.

That person will be able to discuss the decision, explain any issues and
assist with any problems.

Complaint

If you are dissatisfied with the handling procedures or the decision of
the MPS made under the Freedom of Information Act 2000 (the Act) regarding
access to information you can lodge a complaint with the MPS to have the
decision reviewed.

Complaints should be made in writing and addressed to:

FOI Complaint
Public Access Office
PO Box 57192
London
SW6 1SF

In all possible circumstances the MPS will aim to respond to your
complaint within 40 working days.

The Information Commissioner

After lodging a complaint with the MPS if you are still dissatisfied with
the decision you may make application to the Information Commissioner for
a decision on whether the request for information has been dealt with in
accordance with the requirements of the Act.

For information on how to make application to the Information Commissioner
please visit their website at www.informationcommissioner.gov.uk.
Alternatively, phone or write to:

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Phone: 01625 545 700

show quoted sections

Dear Mr Todd

Further to our letter of 26 February 2009, I have unfortunately been
unable to meet the response time provided to you in relation to:

FOI Case number 2008110005594

I hope to complete your review no later than 20 March 2009. Should there
be any unforeseen delay, I will contact you and update you as soon as
possible.

I apologise for the delay, and thank you for your patience.

COMPLAINT RIGHTS

If you are dissatisfied with this response please read the attached paper
entitled Complaint Rights which explains how to contact the Information
Commissioner with your complaint.

Should you have any further inquiries concerning this matter, please
contact me quoting the reference number above.

Yours sincerely

S. Pallen
Freedom of Information Policy, Research, Review Officer

COMPLAINT RIGHTS

Are you unhappy with how your request has been handled or do you think the
decision is incorrect?

You have the right to require the Metropolitan Police Service (MPS) to
review their decision.

Prior to lodging a formal complaint you are welcome and encouraged to
discuss the decision with the case officer that dealt with your request.

Ask to have the decision looked at again –

The quickest and easiest way to have the decision looked at again is to
telephone the case officer that is nominated at the end of your decision
letter.

That person will be able to discuss the decision, explain any issues and
assist with any problems.

Complaint

If you are dissatisfied with the handling procedures or the decision of
the MPS made under the Freedom of Information Act 2000 (the Act) regarding
access to information you can lodge a complaint with the MPS to have the
decision reviewed.

Complaints should be made in writing and addressed to:

FOI Complaint
Public Access Office
PO Box 57192
London
SW6 1SF

In all possible circumstances the MPS will aim to respond to your
complaint within 40 working days.

The Information Commissioner

After lodging a complaint with the MPS if you are still dissatisfied with
the decision you may make application to the Information Commissioner for
a decision on whether the request for information has been dealt with in
accordance with the requirements of the Act.

For information on how to make application to the Information Commissioner
please visit their website at www.informationcommissioner.gov.uk.
Alternatively, phone or write to:

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Phone: 01625 545 700

show quoted sections

Dear Mr Todd

Freedom of Information Request Reference No: 2009010000732

Further to our letter of 6 March 2009, I have unfortunately been unable to
meet the response time provided to you in relation to:

FOI Complaint regarding original FOI number 2008110005594

I hope to complete your review no later than 3 April 2009. Should there be
any unforeseen delay, I will contact you and update you as soon as
possible.

I apologise for the delay, and thank you for your patience.

COMPLAINT RIGHTS

If you are dissatisfied with this response please read the attached paper
entitled Complaint Rights which explains how to contact the Information
Commissioner with your complaint.

Should you have any further inquiries concerning this matter, please
contact me quoting the reference number above.

Yours sincerely

S. Pallen
Freedom of Information Policy, Research, Review Officer

COMPLAINT RIGHTS

Are you unhappy with how your request has been handled or do you think the
decision is incorrect?

You have the right to require the Metropolitan Police Service (MPS) to
review their decision.

Prior to lodging a formal complaint you are welcome and encouraged to
discuss the decision with the case officer that dealt with your request.

Ask to have the decision looked at again –

The quickest and easiest way to have the decision looked at again is to
telephone the case officer that is nominated at the end of your decision
letter.

That person will be able to discuss the decision, explain any issues and
assist with any problems.

Complaint

If you are dissatisfied with the handling procedures or the decision of
the MPS made under the Freedom of Information Act 2000 (the Act) regarding
access to information you can lodge a complaint with the MPS to have the
decision reviewed.

Complaints should be made in writing and addressed to:

FOI Complaint
Public Access Office
PO Box 57192
London
SW6 1SF

In all possible circumstances the MPS will aim to respond to your
complaint within 40 working days.

The Information Commissioner

After lodging a complaint with the MPS if you are still dissatisfied with
the decision you may make application to the Information Commissioner for
a decision on whether the request for information has been dealt with in
accordance with the requirements of the Act.

For information on how to make application to the Information Commissioner
please visit their website at www.informationcommissioner.gov.uk.
Alternatively, phone or write to:

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Phone: 01625 545 700

show quoted sections

Dear Mr Todd

Freedom of Information Request Reference No: 2009010000732

Further to our letter of 18 March 2009, I have unfortunately been unable
to meet the response time originally provided to you in relation to:

FOI Complaint regarding original FOI number 2008110005594

I hope to complete your review no later than 24 April 2009. Should there
be any further delay, I will contact you and update you as soon as
possible.

I once again would like to apologise for the delay and any inconvenience
caused, and thank you for your patience.

COMPLAINT RIGHTS

If you are dissatisfied with this response please read the attached paper
entitled Complaint Rights which explains how to contact the Information
Commissioner with your complaint.

Should you have any further inquiries concerning this matter, please
contact me quoting the reference number above.

Yours sincerely

S. Pallen
Freedom of Information Policy, Research, Review Officer

COMPLAINT RIGHTS

Are you unhappy with how your request has been handled or do you think the
decision is incorrect?

You have the right to require the Metropolitan Police Service (MPS) to
review their decision.

Prior to lodging a formal complaint you are welcome and encouraged to
discuss the decision with the case officer that dealt with your request.

Ask to have the decision looked at again –

The quickest and easiest way to have the decision looked at again is to
telephone the case officer that is nominated at the end of your decision
letter.

That person will be able to discuss the decision, explain any issues and
assist with any problems.

Complaint

If you are dissatisfied with the handling procedures or the decision of
the MPS made under the Freedom of Information Act 2000 (the Act) regarding
access to information you can lodge a complaint with the MPS to have the
decision reviewed.

Complaints should be made in writing and addressed to:

FOI Complaint
Public Access Office
PO Box 57192
London
SW6 1SF

In all possible circumstances the MPS will aim to respond to your
complaint within 40 working days.

The Information Commissioner

After lodging a complaint with the MPS if you are still dissatisfied with
the decision you may make application to the Information Commissioner for
a decision on whether the request for information has been dealt with in
accordance with the requirements of the Act.

For information on how to make application to the Information Commissioner
please visit their website at www.informationcommissioner.gov.uk.
Alternatively, phone or write to:

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Phone: 01625 545 700

show quoted sections

Dear Mr Todd

Freedom of Information Request Reference No: 2009010000732

Further to our letter of 4 April 2009, I have unfortunately been unable to
meet the response time provided to you in relation to:

FOI Complaint regarding original FOI number 2008110005594

I can confirm your case is near to completion, and I would like to assure
you that this case is being treated as priority. I hope to complete your
review no later than 8 May 2009. Should there be any delay, I will contact
you and update you as soon as possible.

I do apologise for the delay, any inconvenience caused and thank you for
your patience.

COMPLAINT RIGHTS

If you are dissatisfied with this response please read the attached paper
entitled Complaint Rights which explains how to contact the Information
Commissioner with your complaint.

Should you have any further inquiries concerning this matter, please
contact me quoting the reference number above.

Yours sincerely

S. Pallen
Freedom of Information Policy, Research, Review Officer

COMPLAINT RIGHTS

Are you unhappy with how your request has been handled or do you think the
decision is incorrect?

You have the right to require the Metropolitan Police Service (MPS) to
review their decision.

Prior to lodging a formal complaint you are welcome and encouraged to
discuss the decision with the case officer that dealt with your request.

Ask to have the decision looked at again –

The quickest and easiest way to have the decision looked at again is to
telephone the case officer that is nominated at the end of your decision
letter.

That person will be able to discuss the decision, explain any issues and
assist with any problems.

Complaint

If you are dissatisfied with the handling procedures or the decision of
the MPS made under the Freedom of Information Act 2000 (the Act) regarding
access to information you can lodge a complaint with the MPS to have the
decision reviewed.

Complaints should be made in writing and addressed to:

FOI Complaint
Public Access Office
PO Box 57192
London
SW6 1SF

In all possible circumstances the MPS will aim to respond to your
complaint within 40 working days.

The Information Commissioner

After lodging a complaint with the MPS if you are still dissatisfied with
the decision you may make application to the Information Commissioner for
a decision on whether the request for information has been dealt with in
accordance with the requirements of the Act.

For information on how to make application to the Information Commissioner
please visit their website at www.informationcommissioner.gov.uk.
Alternatively, phone or write to:

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Phone: 01625 545 700

show quoted sections

Dear Mr Todd

Freedom of Information Request Reference No: 200901000732

Further to our letter of 24 April 2009, I have unfortunately been unable
to meet the response time provided to you in relation to:

FOI original case number 2008110005594

I can confirm this review is close to completion and I do regret any
inconvenience caused by the amended response time. I hope to complete your
review no later than 27 May 2009. Should there be any unforeseen delay, I
will contact you and update you as soon as possible.

Again I do sincerely apologise for the delay, and thank you for your
patience.

COMPLAINT RIGHTS

If you are dissatisfied with this response please read the attached paper
entitled Complaint Rights which explains how to contact the Information
Commissioner with your complaint.

Should you have any further inquiries concerning this matter, please
contact me quoting the reference number above.

Yours sincerely

S. Pallen
FOI Policy and Complaints Review Officer

COMPLAINT RIGHTS

If you are dissatisfied with this response please read the attached paper
entitled Complaint Rights which explains how to contact the Information
Commissioner with your complaint.

Should you have any further inquiries concerning this matter, please
contact me on [telephone number] or at the address at the top of this
letter, quoting the reference number above.

Yours sincerely

Sarah Pallen
Freedom of Information Policy, Research, Review Officer

COMPLAINT RIGHTS

Are you unhappy with how your request has been handled or do you think the
decision is incorrect?

You have the right to require the Metropolitan Police Service (MPS) to
review their decision.

Prior to lodging a formal complaint you are welcome and encouraged to
discuss the decision with the case officer that dealt with your request.

Ask to have the decision looked at again –

The quickest and easiest way to have the decision looked at again is to
telephone the case officer that is nominated at the end of your decision
letter.

That person will be able to discuss the decision, explain any issues and
assist with any problems.

Complaint

If you are dissatisfied with the handling procedures or the decision of
the MPS made under the Freedom of Information Act 2000 (the Act) regarding
access to information you can lodge a complaint with the MPS to have the
decision reviewed.

Complaints should be made in writing and addressed to:

FOI Complaint
Public Access Office
PO Box 57192
London
SW6 1SF

In all possible circumstances the MPS will aim to respond to your
complaint within 40 working days.

The Information Commissioner

After lodging a complaint with the MPS if you are still dissatisfied with
the decision you may make application to the Information Commissioner for
a decision on whether the request for information has been dealt with in
accordance with the requirements of the Act.

For information on how to make application to the Information Commissioner
please visit their website at www.informationcommissioner.gov.uk.
Alternatively, phone or write to:

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Phone: 01625 545 700

show quoted sections

Dear Mr Todd

Freedom of Information Request Reference No: 2009010000732

Further to our letter of 24 April 2009, I am now able to provide a
response to your complaint dated 31 December 2009 concerning Section 44 of
the Terrorism Act 2000:

Original FOI case number 2008110005594.

DECISION

The Metropolitan Police Service (MPS) has completed its review and has
decided to:

Vary the original decision

The request which is the focus of this review
I have determined that the procedure by which the Secretary of State is
notified of Section 44 Terrorism Act 2000 authorisations involved
applications from Assistant Chief Constables or above being submitted
through the National Joint Unit (NJU) of the Metropolitan Police Service
(MPS)

1. The format of the database (list of fields and descriptions) in
which all Section 44 applications are entered into by the NJU as part of
the processing.

2. A full copy of the contents of this database.

REASON FOR DECISION

I would first like to take this opportunity to sincerely apologise for the
delay in providing your final response. I regret any inconvenience caused
and thank you for your patience.

To complete this review, searches were conducted within SO15 Counter
Terrorism Command.

I understand from your email of complaint that the grounds for which you
require a review are based on the exemptions provided for question three
and four of your original request. My review has therefore focused on this
part of your complaint in terms of the original request.

Question 1
After careful consideration, I am pleased to be able to overturn the
original decision provided for this part of your request.

The information you have requested for this part of your request is held
by the MPS.

The list of fields and descriptions within the database you refer to (Stop
and Search - Section 44 Terrorism Act 2000) are as follows:

· Force
· Section
· Authorisation
· Date/time Authorised by Force
· To run until
· Force Area
· Specific Area
· Local Circumstances
· Renewal
· Confirmed Date/ Time by Home Office
· NJU Ref
· Additional Statistical Information

Question 2
After careful consideration, the MPS continue to uphold the decision to
exempt information captured by this part of your request by virtue of
Section 23(1) - Information supplied by, or relating to, certain security
bodies, 24(1) - National Security) and 31(1)(a)(b)(c) - (Law Enforcement).

The information you have requested for this part of your request is held
by the MPS.

Section 17 of the Act provides:
Refusal of request
(1) A public authority which, in relation to any request for information,
is to any extent relying on a claim that any provision of Part II relating
to the duty to confirm or deny is relevant to the request or on a claim
that information is exempt information must, within the time for complying
with section 1(1), give the applicant 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.

Section 23(1) of the Act provides:
Information supplied by, or relating to, bodies dealing with security
matters
(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).

Section 24 of the Act provides:
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.

Section 31(1)(a)(b)(c) of the Act provides:
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,

Section 23 is a class-based and absolute exemption. I am therefore not
required to provide you with a harm test or public interest test for the
use of this exemption.

Sections 24 and 31 are prejudice-based and qualified exemptions. I am
therefore required to provide you with a harm test and public interest
test for the use of these exemptions.

Harm Test regarding Section 24(1) and 31(1)(a)(b)(c)
The information you have requested relates to national security and the
possible detection of those linked to 'terrorism'. The information you
have requested therefore in itself relates directly to the protection of
national security and law enforcement. Non-disclosure of the information
you have requested is required for the purpose of safeguarding national
security as there is the possibility that disclosure could give rise to
the direct or indirect damage to national security.

Providing the content of just one of the fields or one entry may not in
itself prove or appear a harmful risk to national security. However to
provide the full content of the database may enable those with criminal
intent to try and geographically map where there could possibly be
operational weaknesses or gaps between different forces use of Section 44
applications.

In reality, perceived police service 'gaps' in terms of the use of s44
applications may not indicate operational vulnerabilities in any way.
However, those with less of a policing understanding of the use of Section
44 authorisations by police forces could still try to use the mapped
information to gain an advantage over UK police services.

The information could be used to try and pin point areas where possible
terrorist activity appears less likely to take place or be detected. These
mapped areas of perceived 'intelligence' are then likely to become a
hotspot for criminal activity. This is likely to lead to a further
depletion and allocation of additional policing resources and measures to
try and prevent and detect crime as well as ensure justice is
administered. Such an outcome due to a Freedom of Information disclosure
would not be in the public interest.

Public Interest Test regarding Section 24(1) and 31(1)(a)(b)(c)

Considerations favouring disclosure

Accountability
The information requested relates directly to the efficiency and
effectiveness of the MPS and other UK forces. As the purpose of the Act is
to make public authorities more accountable and transparent, providing the
requested information may go some way to detailing how the MPS and other
forces fulfill their role and function in terms of submissions of Section
44 applications and authorisations. The public has an interest in knowing
how many Section 44 applications are submitted and locations where forces
find the need to invoke Section 44 of the Terrorism Act 2000 as a tool in
the ongoing fight against terrorism.

Public Awareness and Debate
Disclosure of the contents of the database may assist individuals by
furthering understanding of and raising awareness of the use of Section 44
of the Terrorism Act 2000 This is due to the high profile nature of the
policing tool and as it is the public who whose lives are affected by it.
To provide the database content would contribute to accurate debate about
how valuable the use of the Section 44 of the Terrorism Act 2000 is, as
the public would be able to view where applications are being submitted
from and how often. Disclosure could go some way to correct rumour and
speculation in regards to media conjecture that the police overuse Section
44 of the Terrorism Act 2000 unsuitably at times.

Considerations favouring non-disclosure

Efficient and effective conduct of the service
The current and future law enforcement role of the force as well as
elements of national security would be compromised by the release of the
content of the database. Providing information that would be contained
within the 'local circumstances' for example, is likely to provide
operational intelligence, which could hinder the policing function of the
apprehension or prosecution offenders. There is therefore no doubt that to
reveal details about the geographical areas where authorisations are in
place would limit the effect of these powers as a counter terrorism
measure.

As explained within the original response provided to you, release of the
information would limit the effectiveness of the use of Section 44 of the
Terrorism Act 2000, as knowledge of where the authorisations were in place
would be of considerable benefit to those individuals attempting to avoid
detection when planning to carry out an act of terrorism.

I take into account your view that the database would contain details of
expired authorisations from past years, which would appear on face value
to be harmless if disclosed. However, patterns may still emerge in regards
to the geographical use of Section 44 that could be used to gain a
criminal advantage over UK police forces. For example the very fact of an
authorisations expiry could indicate to a would-be terrorist that a
particular area was now vulnerable.

After review of the original response provided to you, I see that Section
23(2) was quoted as the applied subsection. I believe this subsection was
quoted in error, and that it was Section 23(1), which should have been
quoted. I am sorry for this administrative error and for any confusion
caused.

I also regret that the correct subsections were not quoted within your
original response for Section 31. As quoted above, it is indeed Section
31(1)(a)(b)(c), which are engaged for this request.

COMPLAINT RIGHTS

If you are dissatisfied with this response please read the attached paper
entitled Complaint Rights which explains how to contact the Information
Commissioner with your complaint.

Should you have any further inquiries concerning this matter, please
contact me on 020 7161 3604 or at the address at the top of this letter,
quoting the reference number above.

Yours sincerely

Sarah Pallen
Freedom of Information Policy, Research, Review Officer

COMPLAINT RIGHTS

Are you unhappy with how your request has been handled or do you think the
decision is incorrect?

You have the right to require the Metropolitan Police Service (MPS) to
review their decision.

Prior to lodging a formal complaint you are welcome and encouraged to
discuss the decision with the case officer that dealt with your request.

Ask to have the decision looked at again –

The quickest and easiest way to have the decision looked at again is to
telephone the case officer that is nominated at the end of your decision
letter.

That person will be able to discuss the decision, explain any issues and
assist with any problems.

Complaint

If you are dissatisfied with the handling procedures or the decision of
the MPS made under the Freedom of Information Act 2000 (the Act) regarding
access to information you can lodge a complaint with the MPS to have the
decision reviewed.

Complaints should be made in writing and addressed to:

FOI Complaint
Public Access Office
PO Box 57192
London
SW6 1SF

In all possible circumstances the MPS will aim to respond to your
complaint within 40 working days.

The Information Commissioner

After lodging a complaint with the MPS if you are still dissatisfied with
the decision you may make application to the Information Commissioner for
a decision on whether the request for information has been dealt with in
accordance with the requirements of the Act.

For information on how to make application to the Information Commissioner
please visit their website at www.informationcommissioner.gov.uk.
Alternatively, phone or write to:

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Phone: 01625 545 700

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