Emerge Incident

Request Number: FOI/15601

Category: Operational policing, Investigations and Events - Investigations and Operations

Subject: Emerge Incident

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. The decision has been taken not to supply the information you have requested and the reasons for this are set out in more detail below. 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
Please see the following FOI request below, following the deaths of Mia Keevan and Trae Keenan and number of drug-related illnesses following the Emerge Festival:

Request 1
Are the PSNI linking the deaths of Mia Keevan and Trae Keenan?

Request 2
When were the PSNI first made aware of the incidents?

Request 3
How quickly did officers respond once concerns about drug-related illnesses were raised?

Request 4
Was there any intelligence prior to the festival to suggest that drugs in circulation posed a heightened risk?

Request 5
Have the PSNI identified the drug which has caused these deaths and a number of hospitalisations?

Request 6
Are the PSNI concerned about a bad batch of drugs in circulation?

Request 7
How many drug-related incidents were reported in total in connection with the festival?

Request 8
Do the PSNI plan to review how they police large-scale events such as Emerge in light of these incidents?

Answers 1-8
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:

1. states that fact,
2. specifies the exemption in question and
3. states (if not otherwise apparent) why the exemption applies.

The exemption, as well as the factors the Department considered when deciding where the public interest lies, are listed below:

Section 30(1) - Investigations and Proceedings Conducted by Public Authorities - Information held by a public authority is exempt information if it has been held at any time by the authority for the purposes of: (a) Any investigation which the public authority has a duty to conduct with a view to it being  ascertained. (i) Whether a person should be charged with an offence.

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 30 is a both a qualified and class-based exemption, meaning the legislators have 
determined that any identified harm in release must be evidenced, and a public interest test must be conducted.

Harm 
The information requested relates to ongoing investigations launched by PSNI. While there is some of the information already in the public domain, a release of specific data by PSNI could compromise any future investigative opportunities.

If details of the incident were to be released at this time, any current and future review could be hampered and undermined if new witnesses or new information were identified. Confidence in the Police by officers, staff and their families could also be severely damaged if our ability to interview witnesses were to be reduced. Disclosure may affect current or future evidence and negatively impact the investigation.

Public Interest Test
Factors Favouring Release – Section 30
There may be a general public interest in the release of the details of ongoing PSNI investigations. This information would better inform the public and enhance their knowledge. Disclosure would assist in demonstrating that PSNI are conducting thorough investigations and ensuring that this and any other investigation is undertaken professionally and rigorously. Release of the requested information could promote public trust in providing transparency, openness and accountability. All police investigations will involve the use of public funds and where this is the case, there is always a  public interest in ensuring that those funds are not used unnecessarily or unwisely.

Factors Favouring Retention – Section 30
Information that relates to an ongoing investigation will rarely be disclosed under the FOI Act if doing so would impede the investigative process. The PSNI risks prejudicing this and future like investigations by providing vital information that could provide a tactical advantage over The Service and its Officers and Staff. 

When suspects, witnesses or victims provide information through the course of an investigation, it is done under full confidentiality and only for purposes of investigation. Provision of any information that may identify an individual to the general public would breach that confidentiality and impede any future assistance that individuals could provide and compromise the investigation as a result.

Balancing Test/Decision 
In this case PSNI considers the balance of the public interest favours application of the exemption.
The public interest is not what interests the public but what will be of greater good if released to the community as a whole. It is not in the public interest to disclose information that may compromise a public authority’s ability to pursue any investigation where disclosure may jeopardise future criminal proceedings linked to this or any other investigation.