Case Manager Document Template for Bedfordshire Police
Sue Evans
Information Services Assistant
Bedfordshire Police
Information Services
Headquarters, Woburn Road
Kempston, Bedford, MK43 9AX
Telephone: 01234 842276
Fax: 01234 842133
Email:
08 June 2015
Our Ref:F-2015-01065
RHall
Dear MrHall,
REQUEST UNDER THE FREEDOM OF INFORMATION ACT 2000 Ref No: F-2015-01065
I write in connection with your request for information received on 11 May 2015. I note you seek access to the following information:
1) What was the total amount spent by Bedfordshire Police on providing routine and emergency policing resources to Luton Airport in each of the last three financial years?
2) What contribution, if any, was received from the operators of Luton Airport by Bedfordshire Police towards the above costs in each of the last three financial years?
Please note that I am not asking for the release of any operational details, just the total amounts spent and received. I am also happy to receive 'rounded' amounts (say, to the nearest £10k) if precise amounts are not readily available or would exceed the prescribed costs limit to provide.
I am required by the Freedom of Information Act 2000 (The Act) to handle all requests in a manner that is blind to the identity of the requestor. Any information released in response to a request is regarded as being published and therefore, in the public domain without caveat.
In accordance with section 1 (1) (a) of the Act our response is provided below;
Response – Bedfordshire police can confirm that it holds information in relation to your request however, I am not obliged to supply the information you have requested. Such information is exempt under the following exemptions:
Section 24(1) – National Security
Section 31(1)(a)&(b) – Law Enforcement
Section 38(1) – Health and Safety
These are all prejudice based qualified exemptions which requires the prejudice (harm) to be evidenced and a public interest test to be carried out.
Application of the prejudice test
Airport policing is organised under the Airport Security Planning Framework defined by the Policing and Crime Act 2009, which is being applied by UK airports which are directed by the DfT through its National Aviation Security Programme. At these airports the security stakeholders work together to identify key risks and the most appropriate means of mitigation, preparing a Risk Register and an Airport Security Plan. Where this mitigation includes a need for a dedicated uniformed police presence then a Police Services Agreement (PSA) is drawn up and all costs should be met by the airport operator.
The Police Service is charged with enforcing the law, preventing and detecting crime and protecting the communities we serve. In order to achieve these objectives police forces provide uniformed support as and when required.
Some information relating to costing is aired within the public domain, such as within the ACPO Guidance on Policing at Airports 2011, as per the link below:
However, disclosure with regard to the information requested for this case would provide actual knowledge of how much each airport across the country charge for policing services. This would enable a geographical map of the country to be drawn up by terrorist groups which would assist them by identifying which airport has a dedicated police presence, which have not and the level of that provision thereby highlighting vulnerable airports.
At present the current threat level from international terrorism in the UK is assessed as severe, see below link:
In order to counter criminal and terrorist behaviour it is vital that the police and other agencies have the ability to work together, where necessary covertly, in order to obtain intelligence within current legislative frameworks to ensure the successful arrest and prosecution of offenders who commit or plan to commit acts of terrorism. Undoubtedly, disclosure of the information requested in this case would provide a distinct advantage to terrorists to enable them to carry out their terrorist and criminal activity within smaller more vulnerable airports.
The prevention and detection of crime is the foundation upon which policing is built and the police have a clear responsibility to prevent crime, arrest those responsible for committing crime or those that plan to commit crime. However, there is also a duty of care to the public at large and to disclose information which could assist a terrorist or terrorist organisation has potential to undermine the operational integrity of anti-terror operations and will adversely affect public safety. An example of this is the terrible events of 7th July 2005.
Public Interest Considerations
Section 24
Factors favouring disclosure
The information requested by default crosses over into specialist operational policing, which includes information relating to counter-terrorism units. Disclosure would inform the public that Bedfordshire Police allocate their resources appropriately. This would provide transparency with regard to the use of public funds inasmuch as the funds are being used correctly and appropriately ensuring airports have enough frontline resources.
Factors favouring non-disclosure
Whilst there is a public interest in providing reassurance that Bedfordshire Police is appropriately and effectively dealing with threats posed by terrorist organisations within the airport environment, there is a strong public interest in safeguarding national security and the welfare and safety of the general public.
Any disclosure has the potential to undermine on-going and future operations to protect the security of the United Kingdom which would significantly increase the risk of harm to the community at large. Public safety is of paramount importance to Bedfordshire Police and its partner agencies. In this case the disclosure of information may assist terrorists to further their aims by violent means, thus putting the safety of members of the public and police officers at risk of injury.
Section 31
Factors favouring disclosure
The release of this information would provide an insight into the amount of public funds spent on providing policing support for each individual airport as the exact amount of money which is paid back into the ‘central pot’ for each force by the airport operator. This enhanced knowledge would assist in providing transparency in the way Bedfordshire Police carry out and manage their day-to-day delivery of effective law enforcement within local airports.
As stated above it is publicly acknowledged that costing of police services within airports is financed by the police force as well as the Police and Crime Commissioner and the airport operator. This fact alone favours disclosure.
Factors favouring non-disclosure
Specific information relating to the tactical deployment of officers at special locations, such as airports, would identify resource information and intelligence to the criminal fraternity. As detailed within the harm this would be a valuable asset to individuals and/or organisations/terrorist cells wishing to commit crime. Any disclosure where an airport is highlighted as being vulnerable, i.e. currently has a very low level of policing services, would enable offenders to use those airports to carry out their offending behaviour thereby evading apprehension.
In addition if terrorists are successful in their planned operations more crimes would be committed which would place the safety of the general public at risk.
Section 38
Factors favouring disclosure
Disclosure of the information requested would lead to better public awareness and debate surrounding airport security, and would show where and how public funds are being spent.
Factors favouring non-disclosure
Any information, no matter how generic, which would assist terrorists in their offending behaviour, would undoubtedly be a risk to the safety of the general public. This was tragically evidenced in the London 7/7 bombings.
In addition the wellbeing of the community would be in jeopardy if this information was disclosed which would result in the public at large having a loss of confidence in Bedfordshire Police.
Overall Balancing Test
Whilst there is always a public interest in the transparency of how a police force delivers effective law enforcement, e.g. how a budget is spent, there is a very strong public interest in safeguarding the intricacies and tactical capabilities of how frontline policing is managed and deployed.
Information which identifies the focus of frontline policing activity within airports could be used by terrorists and offenders, as outlined within the harm, to their advantage. Disclosure of information that would undermine the operational integrity of effective law enforcement within airports will undoubtedly adversely affect public safety as more crimes would be committed. This would have a negative impact on law enforcement.
The Police Service will not divulge information if to do so will prejudice National Security, place the safety of any individual at risk or undermine the rule of law and order. Whilst there is a public interest in the transparency of policing within airport locations, and in this case, providing assurance that the Police Service is appropriately and effectively engaging with the threat posed by the risks of terrorism and other more common forms of criminality, there is a very strong public interest in safeguarding the integrity of the police in this highly sensitive area and knowing that the delivery of law enforcement within airports is appropriate and balanced, this will only be overridden in exceptional circumstances. It is our opinion that for these issues the balancing test for disclosure is not made out.
Complaint Rights
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 Bedfordshire Police.
Should you have any further enquiries concerning this matter please do not hesitate to contact me quoting the above reference number.
Yours sincerely
Sue Evans
Information Services Assistant