June 26, 2025 | Incident and Crime Statistics , Arrests
Request Number: FOI/14786
Category: Crime/Incident Statistics – Arrests/Detainees/Outcomes
Subject: Arrests At Irish Cup Final
Request and Answer:
Your request for information has now been considered. In respect of Section 1(1)(a) of the Act we can confirm that the Police Service of Northern Ireland does hold some information to which your request relates and this is being provided to you.
We further consider the information you seek in request number 2 is exempt by virtue of Sections 31 and 40 of FOIA and have detailed our rationale as to why this exemption applies. We have also provided you with links to guidance issued by the Information Commissioner’s Office which we have followed in responding to your request.
Request 1
How many arrests were made at the Irish Cup Final on May 3 which was held in Belfast at the National Football Stadium
Answer 1
Information held by police indicates 4 individuals were arrested in and around the vicinity of the Irish Cup Final venue.
Request 2
Who made the decision to prevent Cliftonville fans turning right at the top of Windsor Way towards the Broadway roundabout and when was this taken?
Answer 2
Section 17(1) of the Freedom of Information Act 2000 requires the Police Service of Northern Ireland, when refusing to provide such information (because the information is exempt) to provide you the applicant with a notice which:
a) states that fact,
b) specifies the exemption in question and
c) states (if not otherwise apparent) why the exemption applies.
The exemption/s, as well as the factors the Department considered when deciding where the public interest lies, are listed below:
Section 31(1)(a)(b) – Law Enforcement – the prevention or detection of crime and the apprehension or prosecution of offenders.
Section 40(2)(a)(b) by virtue of 40(3)(A)(a) Personal Information – Information constitutes personal data and disclosure would contravene any of the Data Protection principles.
The full text of exemptions can be found at www.legislation.gov.uk and further guidance on how they operate can be located on the Information Commissioners Office website www.ico.org.uk.
Section 40(2) of the FOIA is an absolute exemption which means there is no requirement on PSNI to consider whether there is a public interest in disclosure. It is an interface exemption and we must consider whether release of the information would breach the General Data Protection Regulations (‘GDPR’) or the Data Protection Act 2018 (‘DPA’) Third party personal information constitutes ‘personal data’ under the GDPR (Article 4) and DPA (Part 1 s.3).
Under the Freedom of Information Act, PSNI must consider if information can be released into the public domain. We have therefore considered whether the disclosure of this personal data is subject to the exemption at Section 40(2) of the Freedom of Information Act 2000 by virtue of Section 40(3)(A)(a). As information is ‘personal data’, PSNI considered whether disclosure would contravene any of the six data protection principles contained within the GDPR or DPA.
The six data protection principles are good information handling standards which PSNI must comply with in relation to how it handles personal information, including deciding whether to disclose it or not. In particular, the first principle requires personal data to be processed in a lawful and fair manner. In considering whether it is ‘fair’ to any individual to release information about them, PSNI considered the likely expectations of those individuals and the nature of the information involved and the material you have requested. Individuals employed by PSNI and members of Public must have confidence that their information is treated sensitively and appropriately by PSNI.
We consider that release of requested information would be unfair to those individuals as it would not be in their reasonable expectation. PSNI therefore consider the exemption at Section 40(2) to be engaged in relation to the requested information.
The release of information under the Freedom of Information Act is considered a release into the public domain and not just to the individual requesting the information. Once information is disclosed by FOI there is no control or limits as to who or how information is shared with other individuals, therefore a release under FOI is considered a release to the world in general.
Section 31 is a prejudiced based, qualified exemption which means the PSNI must demonstrate harm in disclosure and consider the balance of the public interest in releasing information.
Harm
The release of information relating to operational matters being carried out by PSNI could undermine the efficacy of law enforcement activities and put members of the public at risk as a result. Release of the information which could reveal police tactics or methodology could put individuals at risk and could be used by those who may have criminal intent if they became aware of such details which could be used as an opportunity to commit crime, impacting on the prevention and detection of crime.
Public Interest Test
Factors Favouring Release - Section 31
The disclosure of this information would adhere to the general principle of openness and transparency and better inform the Public about how public funds are spent, better awareness which may reduce crime or lead to more information from the Public.
Factors favouring non-disclosure – Section 31
The disclosure of this information would undermine law enforcement function of PSNI resulting in more crime being committed. This would have an impact on Police resources and place individuals and the general Public at risk. Patterns could be drawn which would enable those intent on criminal activities to strategically plan offences based on this data. The force would then be required to adapt its tactics and methods in order to continue to prevent and detect crime.
Decision
Public safety is of paramount importance to the PSNI and must always be considered so that the PSNI’s ability to fulfil its core function of law enforcement is protected. The PSNI considers that the factors favouring withholding the information are stronger than those in favour of disclosing the requested information. As stated in detail above, while there may be a public interest in releasing the information requested, the PSNI must ensure that its law enforcement capability is not adversely affected by the release of any information in relation to tactics, methodologies and resources. Public safety is mainly possible by detection and prevention of crime, therefore monitoring of criminal activity and movement requires confidentiality and will remain exempted.