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FREEDOM OF INFORMATION REQUEST REFERENCE NO: 114-2023
I write in connection with your request for information which was received on 25th January 2023 as follows:
I would like to submit a request for some information from the organisation, in relation to their contract’s register.
The FULL contract register should display all the organisations existing/live contracts I would like the register to display the following columns/headings:
Q1. Contract Reference -Unique reference number associated with the contract.
Q2. Contract Title
Q3. Procurement Category –Please state the category name of the contract, I wish to know the category the contract is under.
Q4. Supplier Name
Q5. Spend (Total, Annual or contract value)
Q6. Contract’s Duration
Q7. Contract’s Extensions
Q8. Contract’s Start Date
Q9. Contract’s Expiry Date
Q10. Contract Description [Please provide me with as much detail as possible.]
Q11. Contact Owner (Person that manages the contract register)
Q12. Contract details of section 151 officer
Q13. CPV codes/Pro-Class
Contract Data/API Contact Details
Q1. Can you also provide me with contact details of the person responsible for the actual contract’s register or someone responsible for API? [Name, Job Title, Telephone, Email Address] At the very least provide me with their actual job title.
(Meaning of API “a set of functions and procedures that allow the creation of applications which access the features or data of an operating system, application, or other service.”)
IMPORTANT
Q1. If the organisation has a CRM system or a similar system, there should be a facility to download and extract contract data.
Q2. You may forward me a Weblink to a portal to download the contract register, please make sure all the organisation’s contracts are provided as doing prior research I have found that most organisations have only uploaded a small portion of all their contracts.
Q3. For those organisations planning to make an exemption around spend, the spend information I have requested is an overall figure and I am not requesting a complete breakdown of services relating to the spend.
Please provide me with the contract’s register file in an excel format.
Please accept my sincere apologies for the significant delay in providing the response to your request and for any inconvenience this may have caused you. Please find the Warwickshire Police response set out below.
Response: Section 1 of the Freedom of Information Act 2000, 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.
When refusing to provide such information, because the information is exempt, Section 17 of the Freedom of Information Act 2000 requires Warwickshire Police to provide you, 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(s) applies.
I can confirm that the requested information is held, however, some of the information is exempt from disclosure by virtue of the following exemption:
Section 21(1) - Information reasonably accessible by other means
The requested information concerning most Warwickshire Police contracts is published on the Bluelight e-procurement hub, and can be found using the following link:
https://in-tendhost.co.uk/blpd2/aspx/Contracts/Current
Any further contracts, that the force does not already publish, are exempt from disclosure by virtue of the following exemption:
Section 31(1)(a)(b) – Law Enforcement
Section 31 of the Freedom of Information Act 2000 provides an exemption from disclosure if the release of information would, or would be likely to, prejudice the prevention or detection of crime, the apprehension or prosecution of offenders, or the administration of justice. It is a prejudice-based qualified exemption and as such, there is a requirement to evidence the harm disclosure would cause and to carry out a public interest test.
Harm
Requests under the Freedom of Information Act are ‘applicant blind’, which means that the motives of anyone requesting information are not questioned. Therefore, in providing a response to one person, we are expressing a willingness to provide the same response to everyone.
Disclosure of contract information, which is sensitive in nature, could be of value to a person or persons with criminal or malicious intent, and, along with other information already in the public domain, could equip such individuals with intelligence regarding the capability of the force. Furthermore, it could then allow criminals to map resources across the force, thereby targeting specific areas for criminal activity, as well as enabling such individuals to adapt and counteract law enforcement efforts. This in turn could compromise the effectiveness and success of ongoing or future law enforcement operations, hinder the prevention and detection of crime and place the community at increased unnecessary risk of harm.
Section 31 - Factors Favouring Disclosure
The principle of transparency and accountability supports the disclosure of information to ensure public scrutiny and oversight of law enforcement activities. Disclosing contract information, where it does not pose significant harm, can enhance public understanding and trust in police operations.
In certain circumstances, there may be a legitimate public interest in knowing how public funds are allocated and utilised, particularly when it comes to contracts. Disclosure can facilitate public debate and scrutiny regarding the expenditure of taxpayer money, and the effectiveness of law enforcement strategies.
Section 31 - Factors Against Disclosure
Disclosing the remaining contract information, could provide valuable intelligence to those intent on committing crime, by revealing resources used by the force, and leaving such resources vulnerable to being targeted. This in turn could undermine their operational effectiveness and impede the force’s ability to carry out its core duty to ensure that the prevention and detection of crime, apprehension or prosecution of offenders, and administration of justice is carried out appropriately and effectively.
Balance Test
The balancing act between transparency and accountability on one hand and the protection of operational effectiveness, law enforcement, and public safety on the other hand, must be carefully assessed. Each case should be evaluated based on its specific circumstances and the potential impact of disclosure or non-disclosure.
Whilst the value of accountability and the legitimate interest in the public being satisfied in how the force utilise public funds is recognised, the non-disclosure of contract information deemed sensitive helps to protect law enforcement techniques which disclosure could render ineffective or obsolete.
It is not in the public interest to disclose information around law enforcement tactics and operational capability, if that information could be of intelligence value to those intent on committing crime or leave resources vulnerable to being targeted by criminal organisations. The ability to deliver effective law enforcement is of paramount importance, and Warwickshire Police will not divulge information if to do so would have an adverse effect on the force’s ability to prevent and detect crime. In this case, to disclose the details would not only affect the force’s ability to do so but would also impact upon its core responsibility of protecting the community it serves and its officers.
Therefore, on balance, it is considered that the public interest in providing the information is outweighed by the potential impact release would have on current and future law enforcement activities, and this represents a refusal notice for information in relation to any contracts not already in the public domain.
Every effort has been made to ensure that the information provided is as accurate as possible.
Your attention is drawn to the below which details your right of complaint.
Should you have any further enquiries concerning this matter, please write or email the Freedom of Information Unit quoting the reference number above.
Yours sincerely
Freedom of Information Officer
Freedom of Information Unit
Warwickshire Police
PO Box 4
Leek Wootton
Warwickshire
CV35 7QB