Energy Contracts and Billing

Request Number: FOI/14480

Category: Organisational Information Performance Police Properties and Estate

Subject: Energy Contracts and Billing

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 consider some of the information you seek in request number 2 exempt by virtue of Section 31 and 38 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 Details
We are currently conducting a nationwide review into the mismanagement of energy billing across the sector. Our findings show that around 98% of businesses are being incorrectly charged — including unnecessary Climate Change Levy (CCL) charges and overpaid VAT — due to exemptions not being properly applied.

Request 1
Under the Freedom of Information Act, I am writing to request the contact details of the person or department responsible for managing your organisations energy contracts and procurement.

Answer 1
Department Responsible for Managing Energy Contracts and Procurement is ‘Estate Services’.

Request 2
To support this analysis and determine whether any corrections or refunds may be applicable, I would also be grateful if you could provide a copy of a recent electricity and gas bill (redacted where necessary) for review

Answer 2
Please see attachments titled ‘Electricity Bill - March 2025’ and ‘Natural Gas Bill - Jan 2025’. Some information has been redacted from these documents and the rationale for these redactions are detailed below.
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 exemptions, as well as the factors the Department considered when deciding where the public interest lies, are listed below: Section 31 (1)(a)(b)(g) by virtue of 31(2)(i) - Law Enforcement
Information which is not exempt information by virtue of section 30 is exempt information if its disclosure under this act would, or be likely to prejudice:
? The prevention or detection of crime.
? The apprehension or prosecution of offenders.
? The exercise by any public authority of its functions for any of the purposes specified in subsection (2).

Section 38(1) (b) – Health and Safety
Information is exempt information if its disclosure under this Act would, or would be likely to endanger the mental or physical health of any individual.
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.
Sections 31 and 38 are prejudice based qualified exemptions and this means that the public authority is required to provide harm that could occur following disclosure of the requested information and must consider the balance of the public interest in releasing the information against the public interest in withholding it.

Harm
Release of the requested information, in full, could assist those intent on criminality against PSNI in disrupting the functions and operations of the organisation. Consequently, this could place additional burden on police resources and may lead to the endangering of the health and safety of staff and members of the public.

Public Interest Test
Section 31 - Factors Favouring Disclosure
Disclosure of the requested information could provide transparency and demonstrate openness.
Section 31 - Factors Favouring Non-Disclosure
Release of all information into the public domain could assist those intent on criminality against PSNI, by providing information that could assist them in disrupting the functions and operations of the organisation. This would place an additional burden on police resources and potentially lead to vulnerabilities which could result in more criminal activity, placing the public in harm’s way. Any information which could be of assistance to those with criminal intent, strongly prejudices the PSNI’s law enforcement and security functions if released.
Factors Favouring Release - Section 38
Release of this information would allow for better informed public awareness and would assist the public in ensuring openness and transparency.
Factors Against Release – Section 38
Release of the requested information in full could assist those intent in causing harm to the health and safety of persons working in the PSNI or members of the public, by supplying them with information that could assist them in carrying out any such act. Disruption of the functionality of the PSNI could leave the public vulnerable and risks their safety.

Balancing Test/Decision
A disclosure of information under Freedom of Information is a release to the world in general 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 the information is shared with other individuals, therefore a release under FOI is considered a disclosure to the world in general.
Information should not be released, if it is likely to have a detrimental effect on the health and safety of any individual. The public entrust the Police Service to make appropriate decisions with regard to their safety and protection and the only way of reducing risk is to be cautious with what is placed into the public domain. Whilst there is a public interest in the openness and transparency of the PSNI, there is a strong public interest in safeguarding members of the public and the ability of the police service to protect individuals.

Additionally, this information may also be used by criminals in combination with other information they have gathered to try and prejudice law enforcement. PSNI is aware of the mosaic and precedent effects of releasing information which may be of use to criminals. A clear link exists between knowledge available to criminals and the way they operate, with the resultant impact on PSNI potentially giving a tactical advantage to criminals.
It is for these reasons that the public interest must be against release of all information and thus why the documents attached have been partially redacted.