Gator Vehicles

Request Number: FOI/15742

Category: Finance and Procurement - Vehicle Fleet

Subject: Gator Vehicles

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 some of the information you seek in request number 3 is exempt by virtue of Sections 31 and 43 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
When did the PSNI first start using ‘Gator" vehicles?

Answer 1
PSNI started using Gator vehicles in 2021.

Request 2
How many Gator vehicles have been purchased by the PSNI to date?

Answer 2
1.

Request 3
How much has been spent to date on ‘Gator" vehicles?

Answer 3
PSNI can advise that the service and repair costs to date amount to £1,404.65. We are refusing to provide any further information surrounding purchase costs under the following exemptions, described in full further 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

Section 31(1)(a)(b) - Law Enforcement - The prevention or detection of crime and the apprehension or prosecution of offenders.

Section 43(2) – Commercial Interests – Information would or would be likely to prejudice commercial interests of any person, including the public authority holding it.

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 31(1)(a)(b) is a prejudiced based, qualified exemption and there is a requirement to articulate the Harm and conduct a Public Interest Test.

Section 43(2) is a class based, qualified exemptions, which means the legislators have agreed there would be harm if this information was released and a Public Interest test must be carried out.

Harm (Sections 31 and 43)
The disclosure of further purchase cost detail of a specific vehicle type like the Gator would enable individuals to estimate the capability of such vehicles. This information would be useful for persons to evade the operational law enforcement role of police by adjusting their tactics to avoid areas/situations where such a vehicle would be deployed. Disclosure of full information on fleet vehicles could compromise the effective operational law enforcement role of police, impacting on the prevention of crime and the apprehension of criminals. Any information which could be of assistance to terrorists and endanger police officers is very strongly prejudicing PSNI’s law enforcement and security functions if released.

Disclosing such an information, could disadvantage suppliers and weaken their ability to tender for future contracts in a competitive market, impacting on future business revenue.

Moreover, the PSNI's reputation could be damaged and its commercial interests in all future tenders could be prejudiced if this type of data was disclosed.

Public Interest Test
Factors favouring disclosure – Section 31
Release of information would lead to a better informed public and demonstrate openness and transparency and accountability on the use of PSNI fleet.

Factors favouring non-disclosure – Section 31
Disclosure of information could adversely affect the law enforcement role of police and potentially put police officers at risk.

To provide the requested information would have the potential to negatively impact on the law enforcement capabilities of the PSNI and may place police officers at risk of harm. Maintaining this exemption prevents the release of information that could assist those seeking to avoid detection or disrupt police operations.

The release of the requested information concerning police fleet taken on its own or together with other information, either already available or the subject of further requests, with the threat from terrorism remaining ‘Substantial’ across Northern Ireland, this could place an adversely affect to the law enforcement activities of the PSNI and potentially put police officers at risk of harm by attack.

Section 31 - Balancing/Decision
The release of information under FOI is 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 how the information is shared with other individuals, therefore a release under FOI is considered a release to the world in general.

The PSNI is tasked with the prevention and detection of crime and protecting the public. Releasing this information into the public domain would not be in the public interest.

It is acknowledged that wherever possible policing procedures must be transparent and accountable. Whilst the requested information may appear innocuous and the accountability surrounding the use of public funds is always a strong argument in favour of releasing information we must take into account the wider implications of any release into the public domain including how the requested information may be combined with any previously released data or potential future FOI requests and what impact this ‘mosaic’ of information will have on the police service as a whole.

PSNI need to make balanced judgements which justify why some information needs to remain exempt and unpublished and we have decided that disclosure would not be in the public interest for the reasons outlined.

Factors favouring disclosure – Section 43
Releasing this information would facilitate the accountability and transparency of how the PSNI are spending Public money. There is a keen public interest in assurance that value for money is achieved. Disclosure would better inform the Public of the costs involved.

Factors favouring non-disclosure – Section 43
Disclosure of the spending on vehicles along with other requested and published earlier data may reduce PSNI ability to obtain value for money in future procurement process. Obtaining value for money is in the overriding Public interest when considering whether to disclose the further information sought.

Moreover suppliers’ commercial rights could be jeopardised and their ability to tender for future contracts in a competitive market might be weakened, impacting on future business revenue, and lead to law suits against PSNI for compensation.

Section 43 - Balancing/Decision
According to the ICO Guidance on the application of Section 43 “a commercial interest relates to a person’s ability to participate competitively in a commercial activity i.e. the purchase and sale of goods or services.”

Disclosing information about vehicle costings, along other provided and released in the past, could create a mosaic that will disadvantage a current suppliers and weaken their ability to tender for future contracts in a competitive market, impacting on future business revenue. The company may lose confidence in the PSNI as they would have no expectation that price per item, especially in relation to such a limited and specific equipment, would be released into the Public domain.

Moreover the PSNI's and Public Sector’s in general, commercial interests could be prejudiced and could lead to significant damage of the business reputation of the Services. This could discourage companies from participating in future tender processes and submitting commercially sensitive information, consequently undermining the ability of the Public Authorities to procure best value for public funds and to conduct a fair tender competition. It could diminish confidence in the integrity of the public tendering process and in consequence reduce the ability to secure its services.

A release under Freedom of Information is considered a release into the public domain not just to the applicant requesting the information and therefore a release in effect would be to other competitors vying for the contract.

Whilst accountability surrounding the use of public funds is always a strong argument in favour of releasing information, we have decided that disclosing the requested information at this time would not be in the Public interest.

Request 4
Can the PSNI include information as to what the operational justification for these vehicles is, given the well-documented strain on resources within the force.

Answer 4
It was bought in 2021 to allow officers to patrol in areas which may not be accessible to cars.  This includes area such as Forestry land, public parks and beaches.  It has also proven to be a useful engagement tool with the rural community at agricultural shows.