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FREEDOM OF INFORMATION REQUEST REFERENCE NO: 710-2024
I write in connection with your request for information which was received on 1st August 2024 as follows:
Note: If you do not use DrugWipe 3S, please consider the request in the context of the product you use and state its name in your response.
Quarter 1 2023 =
Quarter 2 2023 =
Quarter 3 2023 =
Quarter 4 2023 =
Quarter 1 2024 =
Quarter 2 2024 =
Quarter 1 2023 =
Quarter 2 2023 =
Quarter 3 2023 =
Quarter 4 2023 =
Quarter 1 2024 =
Quarter 2 2024 =
Please accept my sincere apologies for the delay in providing the response to your request and for any inconvenience that this may have caused you. Please find the Warwickshire Police response set out below.
Q1 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.
I can advise that Warwickshire Police do hold the information requested; however, some is being withheld from disclosure.
Section 17 of the Freedom of Information Act 2000 requires Warwickshire Police, when refusing to provide such information (because the information is exempt) to you the applicant with 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.
Please be advised that the requested information is exempt from disclosure by virtue of the following exemption:
Section 43(2) Commercial Interests
Information is exempt information if its disclosure under this Act would, or would be likely to, prejudice the commercial interests of any person (including the public authority holding it.)
Section 43(2) is a prejudice based qualified exemption and there is a requirement to articulate the harm as well as carrying out a public interest test. These are set out below.
Harm
Disclosure of the number of DrugWipe 3S purchased alongside the total spend incurred would provide costing per drugwipe. In the event that such information were disclosed, then the competitive position of the supplier would be eroded. Companies could also refuse to do business or submit tenders with an authority that readily releases sensitive commercial information into the public domain, thereby reducing competition and, as a result, driving up prices that the force pays for goods or services.
Public Interest Test
Factors Favouring Disclosure
The release of the information would demonstrate openness and accountability for monies spent and would contribute to the accuracy and quality of public debate.
Factors Against Disclosure
There is a public interest in protecting the commercial interests of individual companies and ensuring they are able to compete fairly.
Release of such information would make the market less competitive and erode the benefit this brings to the spending of public money.
Such disclosure may dissuade companies from doing business with, or from giving favourable rates to, the police service. This would impact upon Warwickshire Police’s ability to get the best value for money for goods or services.
Balance Test
When undertaking a public interest test, factors favouring disclosure need to be balanced against factors against. The benefits of transparency and accountability are highly valued; however this must be balanced against the harm that would be caused if information were disclosed. As mentioned above, there is a public interest in protecting the commercial interests of individual companies as this ensures that the market remains fair and competitive and that authorities are able to get the best value for money in respect of the goods and services procured.
Therefore, on balance, it is considered that the public interest in providing the information is outweighed by the potential impact release would have and this represents a refusal notice for information in relation to spend by quarter alongside the number of drug wipes purchased.
Information I am able to disclose is set out below, which relates to when invoices were paid.
Quarter 1 2023 – £2,652
Quarter 2 2023 – £1,769
Quarter 3 2023 – £5,178
Quarter 4 2023 – £1,875
Quarter 1 2024 – £3,448
Quarter 2 2024 – £1,723
The above figures represent the purchase of between 900 and 1000 drug wipes.
Q2 response: Please be advised that not all of the requested information is held.
During 2023, in the event that an officer stopped a vehicle at the roadside and a drug wipe test was conducted which produced a negative result, then no action would be taken, and this would not be recorded. Therefore, information for the total number of tests carried out in 2023 is not held.
If a drug wipe test produced a positive result, then this would give the officer the power to arrest and then obtain an evidential sample. Therefore, it would be possible to determine the number of positive drug wipe tests carried out as this would be the same as the number of arrests for the offence of driving excess drugs. However, there are two offences which would be relevant here, the first is ‘Driving – Excess Drugs’ of which there were 119 during the period, and the second is ‘Driving - Unfit Through Drink/Drugs’ / ‘Driving - In Charge - Unfit Through Drink/Drugs’. In the latter case it is not possible to determine whether the arrest is related to drink or drugs without reviewing each and every record on an individual basis. During the period of 2023 there were 232 arrests recorded for this offence. In order to determine which of those were in relation to drugs (and thereby, by proxy, the number of drug wipe tests carried out which produced a positive result) it would be necessary to review each and every offence on an individual basis. The business area has provided an estimate of 5 minutes per record, which would equate to in excess of 19 hours of work. Therefore, the searches required here would be above the amount to which we are legally required to respond i.e. the cost of locating and retrieving the information exceeds the ‘appropriate level’ as stated in the Freedom of Information (Fees and Appropriate Limit) Regulations 2004.
I can advise that, from 7th February 2024, drug wipe usage became centrally recorded and information held for Quarter 1 and Quarter 2 of 2024, is set out below:
Quarter 1 2024* = 17
Quarter 2 2024 = 15
*From 7th February 2024
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 Unit
Warwickshire Police
PO Box 4
Leek Wootton
Warwickshire
CV35 7QB