Political surveillance

Iain Lewis made this Rhyddid Gwybodaeth request to Heddlu Dyfed-Powys

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Gwrthodwyd y cais gan Heddlu Dyfed-Powys.

This is a Freedom of Information request.
I expect this request to be answered on time and in line with FOI rules. Legal action may ensue if you fail to do this.

Can you confirm whether Dyfed Powys police are conducting or have conducted surveillance on politicians at the request of Police and Crime Commissioner Dafydd Llywelyn or his staff?

Has Dyfed Powys police conducted surveillance on any elected or formerly elected politician since Llywelyn became Commissioner (whether at Llywelyn’s request or otherwise)?

I have been informed that your force conducted surveillance on Neil Hamilton when he was a member of the Senedd. This surveillance was discovered and an out of court settlement was paid by Dyfed Powys police to Hamilton. Is this true? Was the surveillance conducted at the request of Llywelyn or his staff?

I am aware that Dyfed Powys police are under the effective control of Plaid Cymru because Llywelyn is a member of that party. I sympathise with the pressure that staff are under to protect Plaid from allegations of corruption but remind you of your legal obligations to comply with FOI legislation.

Yours etc.

Iain Lewis

Heddlu Dyfed-Powys

Diolch am eich e-bost sydd wedi’i dderbyn gan yr Uned Rhyddid Gwybodaeth
yn Heddlu Dyfed-Powys. Bydd yn cael ei ystyried a’i weithredu fel y bo’n
briodol. Os oes gennych unrhyw ymholiadau mewn perthynas â’r mater hwn,
mae croeso i chi gysylltu â’r Uned Rhyddid Gwybodaeth ar 01267 226596.

Thank you for your e-mail which has been received by the Freedom of
Information Unit at Dyfed Powys Police and will be considered and actioned
as appropriate. Should you have any queries in respect to this matter then
please feel free to contact the Freedom of Information Unit on 01267
226596.

A oeddech chi’n gwybod bod modd cyrchu gwybodaeth ynghylch Heddlu Dyfed
Powys drwy Gynllun Cyhoeddi a Log Datgeliadau Heddlu Dyfed-Powys? Mae’r
ddau ar gael drwy’r dolenni cyswllt isod:

Did you know you can access information about Dyfed Powys Police via the
Dyfed Powys Police Publication Scheme and the Dyfed Powys Police
Disclosure Log? Both are available via the below links:

[1]www.dyfed-powys.police.uk/en/about-us/guide-to-information/freedom-of-information-unit/

[2]www.dyfed-powys.police.uk/en/about-us/guide-to-information/requests-and-responses-disclosure-log/

References

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1. http://www.dyfed-powys.police.uk/en/abou...
2. file:///tmp/www.dyfed-powys.police.uk/en/about-us/guide-to-information/requests-and-responses-disclosure-log/

Lewis Melody,

Good Morning

 

Reference No: 943.2021

 

Thank you for your request for information dated and received by the
Freedom of Information Unit on 04.11.2021 concerning  Political
surveillance

This request is being handled under the Freedom of Information Act 2000.

 

The Freedom of Information Act obliges the Force to respond to requests
promptly and in any case no later than 20 working days after receiving
your request.  We must consider first whether we can comply with s1(1)(a)
of the Act, which is our duty to confirm whether or not the information
requested is held and secondly we must comply with section 1(1)(b), which
is the provision of such information. However, when a qualified exemption
applies either to the confirmation or denial or the information provision,
and the public interest test is engaged, the Act allows the time for
response to be longer than 20 working days, if the balance of such public
interest is undetermined.

 

In this case we have not yet reached a decision on where the balance of
the public interest lies in respect of S1(1)(a) of the above obligations.
The specific exemption which we are currently considering in relation to
confirmation or denial in respect of your request is:

 

Section 31(3) - Law Enforcement

 

(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 31 is a prejudiced based qualified exemption and there is a
requirement to articulate the harm in confirming or denying whether
information held or not as well as considering whether there is a public
interest in neither confirming nor denying whether the information
requested is held or not.

 

We now need further time in which to take a decision on where this balance
lies. We will endeavour to provide you with a response as soon as possible
an in any case by 05.01.2022. Should there be any further delay we will
write to you accordingly.

 

If you are unhappy with the way your request for information had been
handled, you can request a review by writing to the freedom of information
unit address supplied on the attached appeal process document.

 

If you remain dissatisfied with the handling of your request or complaint
you have a right to appeal to the Information Commissioner at:

 

The Information Commissioners Office,

Wycliffe House,

Water Lane,

Wilmslow,

Cheshire

SK9 5AF

Tel. 0303 123 1113

Website: [1]www.ico.org.uk

 

There is no charge for making an appeal.

 

I would like to take this opportunity to thank you for your interest in
Dyfed-Powys Police.

 

Yours sincerely

 

Freedom of Information Unit, Dyfed Powys Police

 

 

 

From: Iain Lewis <[FOI #804122 email]>
Sent: 04 November 2021 13:31
To: FOI <[email address]>
Subject: Freedom of Information request - Political surveillance

 

 

This is a Freedom of Information request.

 

I expect this request to be answered on time and in line with FOI rules.
Legal action may ensue if you fail to do this.

 

 

 

1. Can you confirm whether Dyfed Powys police are conducting or have
conducted surveillance on politicians at the request of Police and Crime
Commissioner Dafydd  Llywelyn or his staff?

 

 

 

2. Has Dyfed Powys police conducted surveillance on any elected or
formerly elected politician since Llywelyn became Commissioner (whether at
Llywelyn’s request or otherwise)?

 

 

 

3. I have been informed that your force conducted surveillance on Neil
Hamilton when he was a member of the Senedd. This surveillance was
discovered and an out of court settlement was paid by Dyfed Powys police
to Hamilton. Is this true? Was the surveillance conducted at the request
of Llywelyn or his staff?

 

 

 

I am aware that Dyfed Powys police are under the effective control of
Plaid Cymru because Llywelyn is a member of that party. I sympathise with
the pressure that staff are under to protect Plaid from allegations of
corruption but remind you of your legal obligations to comply with FOI
legislation.

 

 

 

Yours etc.

 

 

 

Iain Lewis

 

 

 

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dangos adrannau a ddyfynnir

3 Atodiad

Dear Iain Lewis,

 

Reference: 943/2021

 

I write in connection with your request for information dated and received
in the Freedom of Information Unit at Dyfed-Powys Police on 04/11/2021
regarding surveillance on politicians.

 

Your request for information has been handled under the Freedom of
Information Act 2000 and has now been considered.

 

Section 1 of the Freedom of Information Act 2000 (FOIA) places two duties
on public authorities.  Unless exemptions apply, the first duty at
s1(1)(a) is to confirm or deny whether the information specified in a
request is held. The second duty at s1(1)(b) is to disclose information
that has been confirmed as being held. Where exemptions are relied upon
section 17 of FOIA requires that we provide the applicant with a notice
which:

 

a) States that fact

b) Specifies the exemption(s) in question and

c) State (if that would not otherwise be apparent) why the exemption
applies

The Dyfed-Powys Police Force can neither confirm nor deny that it holds
information relevant to your request as the duty in s1(1)(a) of the
Freedom of Information Act 2000 does not apply, by virtue of the following
exemptions:

 

Section 23(5) - Information supplied by, or relating to, bodies dealing
with security matters

Section 24(2) - National Security

Section 30(3) - Investigations

Section 31(3) - Law Enforcement

Section 38(2) - Health and Safety

Section 40(5) - Personal data

 

Please see the attached response document which details the application of
the exemptions as well as the public interest test in relation to the
confirmation or denial as to whether the information requested is held or
not.

 

In accordance with the Freedom of Information Act 2000, this letter
represents a Refusal Notice for this particular request.

 

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

 

If you are unhappy with the way your request for information has been
handled, you can request a review by writing to the Freedom of Information
unit as detailed in the attached appeal document.

 

If you remain dissatisfied with the handling of your request or complaint
you have a right of appeal to the Information Commissioner at:

 

The Information Commissioners Office,

Wycliffe House,

Water Lane,

Wilmslow,

Cheshire

SK9 5AF

Tel. 303 123 1113

Website: [1]www.ico.gov.uk

 

There is no charge for making an appeal.

 

Should you wish to discuss this matter further please don’t hesitate to
contact me as indicated below.

 

I would like to take this opportunity to thank you for your interest in
Dyfed Powys Police.

 

Yours sincerely

 

G. Matthews

 

Swyddog Rhyddid Gwybodaeth - Freedom of Information Officer

Uned Rhyddid Gwybodaeth - Freedom of Information Unit

Pencadlys Heddlu - Dyfed-Powys Police Headquarters

Caerfyrddin - Carmarthen

Ffon/Tel: 01267 222020 est/ext: 23440

Uniongyrchol/Direct Line: 01267 226014

e-bost/e-mail - [2][Dyfed Powys Police request email]

[3]crest etc

 

 

DATGANIAD CYFRINACHEDD E BOST Nid yw'r e-bost hwn nag unrhyw ffeiliau a
drosglwyddir gydag ef o angenrheidrwydd yn adlewyrchu barn Heddlu
Dyfed-Powys. Bwriedir yr e-bost ar gyfer y person neu'r sefydliad a enwir
uchod. Os derbyniwyd yr e-bost hwn trwy gamgymeriad, dylid hysbysu'r
anfonydd a dileu'r e-bost oddi ar eich system os gwelwch yn dda. Os na'i
fwriadwyd ar eich cyfer chi ac nid chi yw'r cyflogwr na'r asiant sy'n
gyfrifol am roi'r e-bost i'r derbynnydd bwriadedig, fe'ch hysbysir gan hyn
na chaniateir i chi ddefnyddio, adolygu, lledaenu, dosbarthu na chopio'r
e-bost ar unrhyw gyfrif. Archwiliwyd yr e-bost hwn ac unrhyw ffeiliau a
drosglwyddir gydag ef am firws. Serch hynny, dylai'r derbynnydd hefyd
archwilio'r e-bost a'r ffeiliau sydd ynghlwm am firws oherwydd nid yw
Heddlu Dyfed Powys yn derbyn cyfrifoldeb am unrhyw ddifrod a achosir gan
unrhyw firws a drosglwyddir trwy gyfrwng yr e-bost hwn. E-MAIL
CONFIDENTIALITY STATEMENT This e-mail and any files transmitted with it
are not necessarily the view of Dyfed-Powys Police. It is intended only
for the person or entity named above. If you have received this e-mail in
error please notify the originator and erase this e-mail from your system.
If you are not the intended recipient or the employer or agent responsible
for delivering it to the intended recipient, you are hereby notified that
any use, review, dissemination, distribution or copying of the e-mail is
strictly prohibited. This e-mail and any files transmitted within it have
been checked for all known viruses. The recipient should still check the
e-mail and any attachments for the presence of viruses, as Dyfed-Powys
Police accepts no liability for any damage caused by any virus transmitted
by this e-mail. Mae Heddlu Dyfed-Powys wedi ymrwymo i ddiogelu'r rhai
hynny sydd fwyaf agored i niwed. Rydym yn gweithio gydag eraill i fynd i'r
afael ag ymddygiad sy'n tanseilio cymunedau cryf, cydlynol ac rydym yn
falch o wasanaethu'r trefi a'r pentrefi mwyaf diogel ar draws Cymru a
Lloegr*. Os ydych o fewn Sir Gaerfyrddin, Ceredigion, Sir Benfro neu Bowys
a bod arnoch angen ein cymorth, rydym eisiau clywed gennych - mae gofalu
amdanoch yn bwysig i ni. *Troseddau fesul pob poblogaeth o 1,000
Dyfed-Powys Police is committed to protecting those who are most
vulnerable. We work closely with others to tackle behaviour which
undermines strong, cohesive communities and, are proud to serve the safest
towns and villages across England and Wales*. If you are within
Carmarthenshire, Ceredigion, Pembrokeshire or Powys and need our help, we
want to hear from you ? We care. *Crimes per 1,000 population

References

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1. http://www.ico.gov.uk/
2. mailto:[Dyfed Powys Police request email]