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Request Number: FOI/15575

Category: Organisational Information & Performance - Policies

Subject: European Border and Coast Guard Agency (Frontex)

Request and Answer: 
Request 1
I am seeking information on the implications of the United Kingdom’s working arrangement with the European Border and Coast Guard Agency (Frontex) for Northern Ireland. In particular, I would like to know whether this arrangement has any impact in relation to policing, border management, and/or cross-border cooperation.

Answer 1
The Freedom of Information Act 2000 provides a right of access to recorded information held by public authorities.

A public authority is not obliged to create information, give legal advice or speculate as this would not be regarded as recorded information, for the purpose of FOI.

We believe this request is a general question, seeking an interpretation of the impact of the arrangement with the European Border and Coast Guard Agency (Frontex), rather than a request for recorded information held by PSNI.

Section 84 of FOIA relates to recorded information held by a public authority:

"Information is defined in section 84 of the Act as 'information recorded in any form'. The Act therefore only extends to requests for recorded information. It does not require public authorities (in this case the PSNI) to answer questions generally; only if they already hold the answers in recorded form. The Act does not extend to requests for information about policies or their implementation, or the merits or demerits of any proposal or action - unless, of course, the answer to any such request is already held in recorded form." (Day vs ICO & DWP – EA/2006/0069 Final Decision)

Accordingly, we have determined that the Police Service of Northern Ireland does not hold the information to which you seek access.

Request 2
In addition, I would be grateful if you could provide information on the following specific points:

- Whether any PSNI or other Northern Ireland officials have undertaken training, capacity-building, or other activities in connection with Frontex;

- Whether Frontex has any involvement in deportations, removals, or returns from Northern Ireland; and

- Any reports, correspondence, or assessments held by PSNI concerning the relevance of the UK–Frontex working arrangement to Northern Ireland

Answer 2
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 (PSNI) does not hold information in relation to this request. Enquiries made in relation to your request failed to locate any records or documents relevant to your request based on the information you have provided. 

The PSNI have found no records of officers completing training, capacity-building, or other activities in connection with Frontex.

Additionally, we have found no records of the PSNI’s involvement with Frontex, in relation to any deportations, removals, or returns from Northern Ireland.

Furthermore, we could not locate any reports, correspondence, or assessments held by PSNI concerning the relevance of the UK–Frontex working arrangement to Northern Ireland.

Accordingly, we have determined that the Police Service of Northern Ireland does not hold the information to which you seek access.

To assist with this request, you may find more information by directing this request to Home Office Immigration Enforcement or the UK Border Force.