Article 13 Terrorism Act

Request Number: FOI/16152

Category: Incident and Crime Statistics - Counter Terrorism

Subject: Article 13 Terrorism Act

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 information to which your request relates. However, it is estimated that the cost of complying with your request for information would exceed the “appropriate costs limit” under section 12 (1) of the Freedom of Information Act 2000 and this will be further explained below. PSNI have followed the Information Commissioner’s Office guidance ‘Requests where the cost of compliance exceeds the appropriate limit’ in relation to this request, which also provides further detail on the application of s 12 (1) of the FOIA. This guidance is available on the ICO website at the following link: Requests where the cost of compliance exceeds the appropriate limit (section 12) | ICO  

Question 1
Can you tell me under the Freedom of Information Act how many times since the year 2020 that the PSNI has recommended prosecution under this Article of the Act for a person(s) who were perceived to be showing support for a proscribed republican organisation?

Question 2
How many times the PSNI has recommended prosecution for a person(s) who were perceived to be showing support for a proscribed loyalist organisation?

Answer
Section 17 (5) of the Freedom of Information Act 2000 requires the PSNI, when refusing to provide such information (because the cost of compliance exceeds the appropriate limit) to provide you the applicant with a notice which states that fact.

It is estimated that the cost of complying with your request for information would exceed the “appropriate costs limit” under section 12 (1) of the Freedom of Information Act 2000. Section 12 of the FOIA allows a public authority to refuse to deal with a request where it estimates that it would exceed the appropriate limit to either comply with the request in its entirety or confirm or deny whether the requested information is held. The estimate must be reasonable in the circumstances of the case. The ‘appropriate limit’ is currently £600 for central government and £450 for all other public authorities including PSNI. The relevant Regulations which define the appropriate limit for section 12 purposes are The Freedom of Information and Data Protection (Appropriate Limit and Fees)

Regulation 2004 SI 2004 No 3244. These are known as the ‘Fees Regulations’ for brevity.

Regulation 4(3) of the Fees Regulations states that a public authority can take into account the costs it reasonably expects to incur in carrying out the following permitted activities in complying with the request:

(i) determining whether the information is held;

(ii) locating the information, or a document containing it;

(iii) retrieving the information, or a document containing it; and

(iv) extracting the information from a document containing it.

Under those regulations PSNI can calculate the time spent on each of these permitted activities at £25 per hour (thus if the activity(s) takes more than 18 hours PSNI will be in excess of the ‘appropriate limit’).

When a public authority is estimating whether the appropriate limit is likely to be exceeded, it can include the costs of complying with two or more requests if the conditions laid out in Regulation 5 of the Fees Regulations can be satisfied. Those conditions require the requests to be:

• made by one person, or by different persons who appear to the public authority to be acting innconcert or in pursuance of a campaign;
• made for the same or similar information; and
• received by the public authority within any period of 60 consecutive working days.

Regulation 5(2) of the Fees Regulations requires that the requests which are to be aggregated relate “to any extent” to the same or similar information. This is quite a wide test but public authorities should still ensure that the requests meet this requirement.

Enquiries made in relation to your request has identified that retrieval of information to respond to your request would exceed the FOI legislative cost of 18 hours as set by the Secretary of State. To respond to this request would involve a manual trawl of each custody record which would need to be separated out under the Crime Operations umbrella for each department to provide a response for their own investigations.

In accordance with the Freedom of Information Act 2000, this letter should be considered as a Refusal Notice, and the request has therefore been closed.

Advice and assistance
You may wish to submit a refined request in order that the cost of complying with your request may be facilitated within the ‘appropriate limit’. In compliance with Section 16 of the Act, we have considered how your request may be refined to bring it under the appropriate limit however we are unable to provide any refinement.