Your rôle as PFCC

The request was refused by Essex Police, Fire and Crime Commissioner.

Essex Police, Fire and Crime Commissioner

with reference to:
https://apccs.police.uk/role-of-the-pcc/

https://www.gov.uk/government/collection...

and
https://www.gov.uk/government/publicatio...

Please respond to the following:

1. Please provide the list of priorities, by type of crime, which your force is instructed to abide by when allocating investigative resource; specifically to include the priorities of social media crime, wildlife crime, domestic terrorism, and breaches of the Hunting Act.

2. I note that breaches of the Hunting Act are not recordable crimes as per the police/Home Office Orange Book. Why is that omission in place, and do you have plans to make hunting crime recordable for your force to deliver open, transparent and fair policing?

3. Are there any Operations running in your force or as a cross-border collaboration with other forces which target hunt saboteurs?

4. Are there, or have there ever been, any Operations running or about to run in your force or as a cross-border collaboration with other forces which focus in any way on information gathering/sharing for the purpose of classifying/recommending for classification and/or proscription of the Hunt Saboteur Association as Domestic Terrorists?

5. Are there, or have there ever been, any discussions between you and/or your office/staff with any other police force/government agency/political party/the Home Office and/or members of the current Conservative government which focus(ed) in any way on information gathering/sharing for the purpose of classifying/recommending for classification and/or proscription of the Hunt Saboteur Association as Domestic Terrorists?

6. Are there, or have there ever been, any discussions between you and/or your office/staff with the Countryside Alliance and/or Vote OK (https://www.vote-ok.co.uk) which focus(ed) in any way on information gathering/sharing for the purpose of classifying/recommending for classification and/or proscription of the Hunt Saboteur Association as Domestic Terrorists?

S Rhosier

Police Fire and Crime Commissioner Essex,

1 Attachment

Good afternoon

 

We acknowledge receipt of your Freedom of Information request (reference
0292019) dated 10 November 2019 which has been recorded in accordance with
our procedures.

 

A response will be provided within 20 working days.

 

Please note that in some circumstances the Office of the Police Fire and
Crime Commissioner may not hold the information you request as it may be
held by Essex Police or Essex County Fire and Rescue Service.  In this
instance, we shall forward the information requested to these
organisations and they will respond directly with you.

 

Thank you

 

Yours sincerely

Office of the Police, Fire and Crime Commissioner for Essex 

 

 

 

Office of the Police, Fire & Crime Commissioner for Essex

Kelvedon Park, London Road, Rivenhall, Essex, CM8 3HB

E-mail: [1][email address]

Web: [2]www.essex.pfcc.police.uk

 

Come along to our public meetings, details here:
[3]www.essex.pfcc.police.uk/events

 

Sign up for our newsletter here:

[4]https://public.govdelivery.com/accounts/...

 

[5]http://upload.wikimedia.org/wikipedia/en...
us on Twitter: @EssexPCC

 

 

 

 

This email and any other accompanying document(s) contain information from
Kent Police and/or Essex Police, which is confidential or privileged. The
information is intended to be for the exclusive use of the individual(s)
or bodies to whom it is addressed. The content, including any subsequent
replies, could be disclosable if relating to a criminal investigation or
civil proceedings. If you are not the intended recipient, be aware that
any disclosure, copying, distribution or other use of the contents of this
information is prohibited. If you have received this email in error,
please notify us immediately by contacting the sender or telephoning Kent
Police on 01622 690690 or Essex Police on 01245 491491, as appropriate.
For further information regarding Kent Police’s or Essex Police’s use of
personal data please go to https://www.kent.police.uk/hyg/privacy/ or
https://www.essex.police.uk/hyg/privacy/. Additionally for our Terms and
Conditions please go to https://www.kent.police.uk/hyg/terms-con...
or https://www.essex.police.uk/hyg/terms-co...

References

Visible links
1. mailto:[email address]
2. http://www.essex.pfcc.police.uk/
3. http://www.essex.pfcc.police.uk/events
4. https://public.govdelivery.com/accounts/...
5. https://twitter.com/EssexPCC

Police Fire and Crime Commissioner Essex,

2 Attachments

Good morning

 

Please find attached our response to your Freedom of Information Request
dated 10 November 2019

 

Yours sincerely

Office of the Police Fire and Crime Commissioner

 

 

Office of the Police, Fire & Crime Commissioner for Essex

Kelvedon Park, London Road, Rivenhall, Essex, CM8 3HB

E-mail: [1][email address]

Web: [2]www.essex.pfcc.police.uk

 

Come along to our public meetings, details here:
[3]www.essex.pfcc.police.uk/events

 

Sign up for our newsletter here:

[4]https://public.govdelivery.com/accounts/...

 

[5]http://upload.wikimedia.org/wikipedia/en...
us on Twitter: @EssexPCC

 

 

 

 

This email and any other accompanying document(s) contain information from
Kent Police and/or Essex Police, which is confidential or privileged. The
information is intended to be for the exclusive use of the individual(s)
or bodies to whom it is addressed. The content, including any subsequent
replies, could be disclosable if relating to a criminal investigation or
civil proceedings. If you are not the intended recipient, be aware that
any disclosure, copying, distribution or other use of the contents of this
information is prohibited. If you have received this email in error,
please notify us immediately by contacting the sender or telephoning Kent
Police on 01622 690690 or Essex Police on 01245 491491, as appropriate.
For further information regarding Kent Police’s or Essex Police’s use of
personal data please go to https://www.kent.police.uk/hyg/privacy/ or
https://www.essex.police.uk/hyg/privacy/. Additionally for our Terms and
Conditions please go to https://www.kent.police.uk/hyg/terms-con...
or https://www.essex.police.uk/hyg/terms-co...

References

Visible links
1. mailto:[email address]
2. http://www.essex.pfcc.police.uk/
3. http://www.essex.pfcc.police.uk/events
4. https://public.govdelivery.com/accounts/...
5. https://twitter.com/EssexPCC

Info Rights Freedom Essex,

1 Attachment

Thank you for your enquiry which has been logged under the above
reference.

Under the Freedom of Information Act we are required to reply within 20
working days. The Act does not specify a limit to the number of
information requests a public authority may receive or the number of
requests or questions an applicant may submit. However, there are
exemptions in the Act that can apply and these include where the cost of
complying with the request would extend beyond the reasonable cost limit,
(currently 18 hours or £450), or if the request is otherwise manifestly
unreasonable in its scope or nature. 

 

Requests that ask a great many questions, or a number of detailed requests
submitted at the same time, may make it necessary for Essex Police to
refuse the requests wholly or in part. The exemption at s14 may be
engaged if the burden on the authority is increased through multiple
requests on differing subjects

 

The Information Commissioner’s Office (ICO) has responsibility for
providing oversight and guidance for the legislation and they have
produced advice for applicants on submitting effective requests. Further
information can be found on the Commissioner’s website at
[1]www.ico.gov.uk specific information relating to submitting a request
can be found at:
[2]https://ico.org.uk/for-the-public/offici...

                                                      

While we process your request, please take the time to consider the ICO’s
advice and whether you feel it may be beneficial to amend or refine your
request. Our team is happy to discuss your request with you and will be
able to provide advice as to what kind of information will be available
from Essex Police.

 

Kind regards,

 

Information Rights Team

Information Management Department

Information Rights Section

E-Mail: [3][email address]

 

[4]cid:image001.png@01D3E908.EC4D1080

 

Please note, if you require further information or wish to resubmit a
request please refer to the information found on the Commissioner’s
website regarding submission of effective requests
[5]https://www.ico.org.uk/for_the_public/of...

 

Your right to complain

 

If you feel your request has not been properly handled, or you are
otherwise dissatisfied with the outcome of your request you have the right
to complain.

 

Complaints should be submitted within 20 working days from the date of
this response and should be addressed to the Senior Information Officer at
the above address or by email to:  [6][email address]

 

We will conduct a review to investigate your complaint and endeavour to
reply within 20 working days.

 

Please explain which aspect of the reply you are not satisfied with, and
if your complaint concerns the decision to apply an exemption it would
assist the review if you would outline why you believe the exemption does
not apply.

           

If you are still dissatisfied following our review, you have the right
under Section 50 of the Act to complain directly to the Information
Commissioner. Before considering your complaint, the Information
Commissioner would normally expect you to have exhausted the complaints
procedures provided by Essex Police

 

The Information Commissioner can be contacted at: Information
Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9
5AF or via [7]https://ico.org.uk/

 

 

show quoted sections

Info Rights Freedom Essex,

2 Attachments

Thank you for your enquiry which has been logged under the above
reference.

 

Section 1 of the Freedom of Information Act 2000 (FOIA) places two duties
on public authorities. Unless exemptions apply, the first duty at Section
1(1)(a) is to confirm or deny whether the information specified in a
request is held. The second duty at Section 1(1)(b) is to disclose
information that has been confirmed as being held.  Where exemptions are
relied upon Section 17 of the FOIA requires that we provide the applicant
with a notice which: a) states that fact b) specifies the exemption(s) in
question and c) states (if that would not otherwise be apparent) why the
exemption applies.

 

In respect of your enquiry:

 

1. Please provide the list of priorities, by type of crime, which your
force is instructed to abide by when allocating investigative resource;
specifically to include the priorities of social media crime, wildlife
crime, domestic terrorism, and breaches of the Hunting Act.

 

2. I note that breaches of the Hunting Act are not recordable crimes as
per the police/Home Office Orange Book. Why is that omission in place, and
do you have plans to make hunting crime recordable for your force to
deliver open, transparent and fair policing?

 

3. Are there any Operations running in your force or as a cross-border
collaboration with other forces which target hunt saboteurs?

 

4. Are there, or have there ever been, any Operations running or about to
run in your force or as a cross-border collaboration with other forces
which focus in any way on information gathering/sharing for the purpose of
classifying/recommending for classification and/or proscription of the
Hunt Saboteur Association as Domestic Terrorists?

 

Having completed enquiries within Essex Police, in respect of Sec1(1)(a)
Essex Police does hold information relating to question 3, however, this
information is published online. Therefore, for the purpose of section 17
of the Freedom of Information Act 2000 (FOIA), this part of our response
serves as a formal notification of refusal of your request on the basis
that the exemption given at Section 21 of the FOIA applies (Information
accessible by other means).

Section 21 of the Act (Information Reasonably Accessible by Other Means)
states that information is exempt information if it is reasonably
accessible to the applicant otherwise than under Section 1 of the Freedom
of Information Act 2000.

Section 21 is an absolute exemption and where information falls within the
scope of an absolute exemption, a public authority is not obliged to
communicate it to an applicant and is also not obliged to comply with the
duty to confirm or deny the existence of the information requested.

In an effort to assist, we can supply the following link, relative to your
request, which you may find of interest,

 

[1]https://www.essex.pfcc.police.uk/news/ru...

[2]https://www.google.com/url?sa=t&rct=...

 

Essex Police neither confirms nor denies that it holds any other
information relevant to the types of vehicles by virtue of the following
exemptions:

 

·         S24(2) National Security;

·         S31(1) Law Enforcement.

 

Sections 24 and 31 are prejudice based qualified exemptions and there is a
requirement to articulate the harm that would be caused in confirming or
denying that the information is held as well as carrying out a public
interest test. 

 

Section 24 - Factors Favouring Confirmation or Denial

The information if held simply relates to national security and confirming
or denying whether information is held would not actually harm it. The
public are entitled to know what public funds are spent on and what
security measures are in place and by confirming or denying whether any
information is held, would lead to a better informed public.

 

Section 24 - Factors Against Confirmation or Denial

By confirming or denying whether information is held would render security
measures less effective. This would lead to the compromise of ongoing or
future operations to protect the security or infrastructure of the UK and
increase the risk of harm to the public.

 

Section 31 - Factors Favouring Confirmation or Denial

Confirmation or denial could promote public trust in providing
transparency, demonstrating openness and accountability.

 

Section 31 - Factors Against Confirmation or Denial

By confirming or denying that information exists would compromise the
effective delivery of operational law enforcement. Tactics could be
compromised which could hinder the prevention and detection of crime. More
crime could be committed and individuals placed at risk.

 

Balancing Test    

The points above highlight the merits of confirming or denying the
requested information exists. The Police Service is charged with enforcing
the law, preventing and detecting crime and protecting the communities we
serve. As part of that policing purpose, information is gathered which can
be highly sensitive relating to high profile investigative activity.   

Weakening the mechanisms used to monitor any type of criminal activity,
and specifically terrorist activity would place the security of the
country at an increased level of danger. 

 

In addition, any disclosure by Essex Police that places the security of
the country at risk, no matter how generic, would undermine any trust or
confidence individuals have in us, therefore, at this moment in time it is
our opinion that for these issues the balance test favours neither
confirming nor denying that any other information is held.

 

No inference can be drawn from this refusal that information is or isn’t
held.

 

Thank you for your interest in Essex Police.

 

Kind regards

 

Information Rights | Information Management Department | Information
Rights Section | Essex Police

Telephone 01245 452 647 or 101 extension 150030 | Email
[3][email address]
Address: Information Management, Information Rights, Essex Police HQ, PO
Box 2, Chelmsford CM2 6DA

[4]cid:image001.png@01D3E908.EC4D1080

 

Please note, if you require further information or wish to resubmit a
request please refer to the information found on the Commissioner’s
website regarding submission of effective requests
[5]https://www.ico.org.uk/for_the_public/of...

 

Your right to complain

 

If you feel your request has not been properly handled, or you are
otherwise dissatisfied with the outcome of your request you have the right
to complain.

 

Complaints should be submitted within 20 working days from the date of
this response and should be addressed to the Senior Information Officer at
the above address or by email to:  [6][email address]

 

We will conduct a review to investigate your complaint and endeavour to
reply within 20 working days.

 

Please explain which aspect of the reply you are not satisfied with, and
if your complaint concerns the decision to apply an exemption it would
assist the review if you would outline why you believe the exemption does
not apply.

           

If you are still dissatisfied following our review, you have the right
under Section 50 of the Act to complain directly to the Information
Commissioner. Before considering your complaint, the Information
Commissioner would normally expect you to have exhausted the complaints
procedures provided by Essex Police

 

The Information Commissioner can be contacted at: Information
Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9
5AF or via [7]https://ico.org.uk/

 

 

 

 

 

From: Info Rights Freedom Essex
Sent: 14 November 2019 09:23
To: 'S Rhosier' <[FOI #618682 email]>
Subject: FOI 13873 - Hunting Saboteurs

 

Thank you for your enquiry which has been logged under the above
reference.

Under the Freedom of Information Act we are required to reply within 20
working days. The Act does not specify a limit to the number of
information requests a public authority may receive or the number of
requests or questions an applicant may submit. However, there are
exemptions in the Act that can apply and these include where the cost of
complying with the request would extend beyond the reasonable cost limit,
(currently 18 hours or £450), or if the request is otherwise manifestly
unreasonable in its scope or nature. 

 

Requests that ask a great many questions, or a number of detailed requests
submitted at the same time, may make it necessary for Essex Police to
refuse the requests wholly or in part. The exemption at s14 may be
engaged if the burden on the authority is increased through multiple
requests on differing subjects

 

The Information Commissioner’s Office (ICO) has responsibility for
providing oversight and guidance for the legislation and they have
produced advice for applicants on submitting effective requests. Further
information can be found on the Commissioner’s website at
[8]www.ico.gov.uk specific information relating to submitting a request
can be found at:
[9]https://ico.org.uk/for-the-public/offici...

                                                      

While we process your request, please take the time to consider the ICO’s
advice and whether you feel it may be beneficial to amend or refine your
request. Our team is happy to discuss your request with you and will be
able to provide advice as to what kind of information will be available
from Essex Police.

 

Kind regards,

 

Information Rights Team

Information Management Department

Information Rights Section

E-Mail: [10][email address]

 

[11]cid:image001.png@01D3E908.EC4D1080

 

Please note, if you require further information or wish to resubmit a
request please refer to the information found on the Commissioner’s
website regarding submission of effective requests
[12]https://www.ico.org.uk/for_the_public/of...

 

Your right to complain

 

If you feel your request has not been properly handled, or you are
otherwise dissatisfied with the outcome of your request you have the right
to complain.

 

Complaints should be submitted within 20 working days from the date of
this response and should be addressed to the Senior Information Officer at
the above address or by email to:  [13][email address]

 

We will conduct a review to investigate your complaint and endeavour to
reply within 20 working days.

 

Please explain which aspect of the reply you are not satisfied with, and
if your complaint concerns the decision to apply an exemption it would
assist the review if you would outline why you believe the exemption does
not apply.

           

If you are still dissatisfied following our review, you have the right
under Section 50 of the Act to complain directly to the Information
Commissioner. Before considering your complaint, the Information
Commissioner would normally expect you to have exhausted the complaints
procedures provided by Essex Police

 

The Information Commissioner can be contacted at: Information
Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9
5AF or via [14]https://ico.org.uk/

 

 

show quoted sections