NI Threat Level

Request Number: FOI/16245

Category: Organisational Information & Performance - Security and Data Protection

Subject: NI Threat Level

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 (PSNI) does hold information in relation to Question 1.

However the decision has been made not to supply the information you have requested as the Information is Reasonably Accessible by Other Means. Therefore Section 21 of FOI Act applies and our rationale is set out in more detail below.

In relation to Questions 2 - 4 , Police Service of Northern Ireland is providing an NCND response for and will explain this further in the response 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.

Question 1
Please provide me with details of the current terrorist threat level in N Ireland.

Answer 1
This question is being refused as the Information is Reasonably Accessible by Other Means. Please see our rationale below.

Please be advised that the PSNI do not have responsibility for assessing threat levels in the UK.

Current threat levels in relation to terrorism are published online (both currently substantial).

Terrorism and national emergencies: Terrorism threat levels - GOV.UK

Exemption explained
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 21(1) - Information Reasonably Accessible by Other Means - Information which is reasonably accessible to the applicant otherwise than under section 1 is exempt information.

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.

Question 2
Please provide details of the current terrorist threat to serving police officers in N Ireland

Question 3
Please provide the current terrorist threat level to retired police officers in N Ireland.

Question 4
Please provide the current terrorist threat level to the Judiciary in N Ireland.

Answers 2 - 4
In accordance with the Act, this letter represents a Refusal Notice for this particular request. The Police Service of Northern Ireland can neither confirm nor deny that it holds the information you have requested.

Section 1 of the Freedom of Information Act 2000 (FOIA) places two duties on public authorities. Unless exemptions apply, the first duty at Section 1(1)(a) is to confirm or deny whether the information specified in the request is held. The second duty at Section 1(1)(b) is to disclose information that has been confirmed as being held.

Where exemptions are relied upon Section 17(1) of FOIA requires that we provide the applicant with a notice which:

a) states that fact,
b) specifies the exemption(s) in question and
c) states (if that would not otherwise be apparent) why the exemption applies.

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.

The Police Service of Northern Ireland (PSNI) can Neither Confirm Nor Deny that it holds the information relevant to your request as the duty in Section 1(1)(a) of the Freedom of Information Act 2000 does not apply by virtue of the following exemption(s):

23(5) - Information Supplied by or Concerning Certain Security Bodies
24(2) - National Security
30(3) - Investigations and Proceedings Conducted by Public Authorities
31(3) - Law Enforcement
38(2) - Health & Safety
40(5) - Personal Information

PSNI follow the Information Commissioner’s Guidance in relation to ‘NCND’ and you may find it helpful to refer to this at the following link:

https://ico.org.uk/for-organisations/guidance-index/freedom-of-information-and-environmental-information-regulations/when-to-refuse-to-confirm-or-deny-holding-information/

‘Neither Confirm nor Deny’ (NCND)
There may be occasions when complying with the duty to confirm or deny under section 1(1)(a) would in itself disclose sensitive or potentially damaging information that falls under an exemption. In these circumstances, the Act allows a public authority to respond by refusing to confirm or deny whether it holds the requested information.

The decision to issue a ‘neither confirm nor deny’ response is not affected by whether we do or do not hold the information but relates to the consequences of confirming or denying the information is held. The starting point and main focus in most cases will be theoretical considerations about the consequences of confirming or denying that a particular type of information is held. The decision to neither confirm nor deny is separate from a decision not to disclose information and needs to be taken entirely on its own merits.

Sections 23 and 40 are class based, absolute exemptions; there is no requirement to evidence the harm or consider the public interest.

Section 30 is a class based, qualified exemption; consideration of the public interest must be given as to whether confirming or denying information exists is the appropriate response.

With Sections 24, 31, and 38 being prejudice based and qualified, there is a requirement to articulate the harm that would be caused in confirming whether or not information is held, as well as carrying out a public interest test.

Harm for Sections 24, 31 and 38
The PSNI will not divulge whether any information is or is not held if to do so would undermine National Security, our law enforcement functions or the investigative process. Whilst it is recognised that there is a public interest in the transparency of policing operations and providing assurance that the police service is appropriately and effectively engaging with the threat posed by various groups or individuals, there is a very strong public interest in safeguarding the integrity of police investigations and operations in this highly sensitive area of terrorism prevention.

As much as there is a public interest in knowing that policing activity is appropriate and balanced in matters of National Security, this will only be overridden in exceptional circumstances. Areas of interest to the police are sensitive to the extent that they reveal local intelligence. To confirm or deny the existence of any information, would allow interested parties to gain an upper hand and awareness of policing decisions used during investigations, leading to an increase of harm to either the investigation itself or the subject of the investigation

Whilst to confirm or deny that information is held, would reassure the public that any investigation had been properly conducted, (especially where it may concern that involving terrorism offences) and therefore allow for a greater understanding of how information has been gathered, this could also undermine the role and effectiveness of any future investigations. Any disclosure of information, if held, which has the potential to jeopardise an investigation, is therefore likely to prejudice law enforcement.

Additionally PSNI resources and its ability to operate effectively and efficiently would directly be affected as this information, if held, could be manipulated by those with criminal intent to operate in those areas. Were this to occur, it would result in members of the public being placed at risk through an increase in criminal activity.

Public Interest Tests
Factors Favouring Confirmation or Denial – Section 24
The public are entitled to know how public funds are spent and resources distributed within an area of policing, particularly with regard to how the police investigate terrorist offending. To confirm whether or not any other information exists would enable the general public to hold PSNI to account in relation to how they gather intelligence within areas of policing. Furthermore, confirmation or denial may improve public debate and assist the community to take steps to protect themselves

Factors Against Confirmation or Denial – Section 24
Taking into account the current security climate within Northern Ireland, no information which may aid a terrorist should be disclosed. To what extent this information may aid a terrorist is unknown, but it is clear that it will have an impact on a force’s ability to monitor terrorist activity. The public entrust the Police Service to make appropriate decisions with regard to their safety and protection. The only way of reducing risk is to be cautious with what is placed into the public domain. The cumulative effect of terrorists gathering information from various sources would build a picture of vulnerabilities within certain scenarios. The more information disclosed over time will provide a more detailed account of the intelligence received into the force relating to these types of activity which may or may not have occurred. By disclosing whether or not any policing arrangements exist would render security measures less effective. This would lead to the compromise of ongoing or future operations to protect the security or infrastructure of the UK and increase the risk of harm to the public. 

Balancing Test/Decision - Section 24
The points above highlight the merits of confirming, or denying, whether any other information pertinent to this request exists. The security of the country is of paramount importance and the Police Service is charged with enforcing the law, preventing and detecting crime and protecting the communities we serve. As part of that policing purpose, various activity may or may not have been recorded that is terror related. The Police Service will never divulge whether or not any other information is held if to do so would place the safety of individual(s) at risk or undermine National Security.

Factors Favouring Confirmation or Denial - Section 30
Confirming or denying whether or not information is held would enhance the transparency and accountability of the PSNI and its operations. This would lead to a better informed public, improving their knowledge and understanding of the effectiveness of the police, particularly, in relation to the spending of public funds and the decisions taken by officers. The PSNI is charged with enforcing the law, preventing and detecting crime and protecting the communities we serve. Confirming or denying that information exists could promote public trust in providing transparency and provide reassurance to the public that the Police Service tasks all reports of a crime seriously and conducts investigations appropriately. To confirm information is held could allow the public to have a better understanding of the effectiveness of the Police Service.

Factors Against Confirmation or Denial - Section 30
To confirm or deny the existence of any information relevant to this request would disclose PSNI practices used, thereby exposing operational procedures and investigative protocols. Information relating to investigative tactics and protocol will rarely be disclosed under the Act and only where there is a strong public interest consideration favouring disclosure. In some cases it is that confirmation, or not, which could disclose facts harmful to members of the public.  In some cases their mere existence can place individuals in grave danger. The only methodology which will provide the required degree of protection to those individuals is if the force takes advantage of its ability under FOI legislation to, when appropriate, not confirm or deny that the information requested is, or is not held. The Police Service will never confirm or deny information is held if in doing so could identify investigative activity and therefore undermine their investigations. To do so would hinder the prevention or detection of crime.

Balancing Test/Decision - Section 30
Whilst there is a public interest in the transparency of policing there is a very strong public interest in safeguarding the integrity of police investigations and we will not divulge information if to do so would adversely affect present or future investigations.   

Irrespective of what information is or is not held, the public entrust the PSNI 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. The cumulative effect of terrorists gathering information from various sources would be even more impactive when linked to other information gathered from various sources about terrorism.

PSNI have therefore determined that, on balance, the requirement to neither confirm nor deny that any information is held relevant to your request must take precedence and, in this instance, the public interest is best served by the application of this exemption.

Factors Favouring Confirmation or Denial – Section 31
Confirming or denying the information exists could reassure the public that threat incidents on government officials are being appropriately managed and investigated.

Factors Against Confirmation or Denial – Section 31
PSNI has a duty of care to the community at large and public safety is of paramount importance. Disclosure of the existence of the information could undermine ongoing or future law enforcement operations or investigations. Under FOI there is a requirement to comply with s1(1)(a) and confirm what information is held. In some cases it is that confirmation, or not, which could disclose facts harmful to members of the public and government officials.

Balancing Test/Decision - Section 31
Whilst there is a strong public interest in openness and transparency, by confirming or denying whether threat incidents have occurred would itself, disclose information capable of harming law enforcement or public safety, it could assist those with malicious intent to assess the level of security or attention afforded to this function, the public interest test therefore favours an NCND response.

Factors Favouring Confirmation or Denial - Section 38
There is a public interest in the openness and transparency of the PSNI and to confirm or deny if this information is held would allow for better public awareness and provide reassurance that the PSNI takes all reports of a crime seriously and conducts investigations appropriately.

Factors Against Confirmation or Denial - Section 38
Confirmation or denial of information relating to threats against MLAs would be likely to cause distress, upset and harm to close family and friends. Confirming or denying that information exists could lead to the loss of public confidence in PSNI’s ability to protect the wellbeing of individuals, as well as members of the community at large. To reveal information via an FOI request which would place the safety of individuals in danger, is not in the public interest.

Balancing Test/Decision - Section 38
Confirmation or denial of whether the PSNI hold any information would amount to a release of information. Information should not be released, if it is likely to have a detrimental effect on the physical or mental health of any individual. It is for these reasons that the public interest must favour neither confirming nor denying that the requested information is held.

Irrespective of what information is or is not held, 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. It is for these reasons that the public interest must favour neither confirming nor denying that the requested information is held.

Section 23(2) - Information Supplied by or Concerning Certain Security Bodies
Section 23 is a class based absolute exemption and there is no requirement to consider the public interest in this case. Confirming or denying the existence of whether any other information is held would contravene the constrictions laid out within Section 23 of the Freedom of Information Act 2000 in that this stipulates a generic bar on disclosure of any information applied by, or concerning, certain Security Bodies.

Section 40(5)(B)(a)(i) - Personal Information
(5B) - The duty to confirm or deny does not arise in relation to other information if or to the extent that any of the following applies - (a) giving a member of the public the confirmation or denial that would have to be given to comply with section 1(1)(a)(i) would (apart from this Act) contravene any of the data protection principles. (i) would (apart from this Act) contravene any of the data protection principles.

Information disclosed under the FOIA is disclosed into the public domain, effectively to the world and not just to one individual. To confirm or deny whether personal information exists in response to your request could publicly reveal information about an individual, thereby breaching the right to protection of their personal information afforded to them under the Data Protection Act 2018. When confirming or denying that information is held would breach an individual’s rights under the Data Protection Act legislation, Section 40(5) becomes an absolute exemption, and there is no requirement to provide evidence of a prejudice occurring, or to conduct a public interest test. To confirm or deny that the PSNI hold or do not hold information would in fact confirm information about an individual including the fact it may or may not be held. This would amount to a release into the public domain of personal information about an individual. The individual would have no expectation that these details would be released into the public domain, therefore their data protection rights would be breached by release.

Individuals may try to use the FOI legislation to circumvent the law and may try to obtain information which they are not entitled to or to try and find out whether the police hold any information about them or others. To ensure this does not occur, police services use a ‘neither confirm nor deny approach’ and this has to be used consistently to ensure that we can protect this method of response and do not and undermine the rationale for adopting the NCND response in the first place.

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 confirmation or denial under FOI is considered a disclosure to the world in general.

However, this should not be taken as conclusive evidence that the information you requested exists or does not exist. NCND is not about the content of the requested information. The aim of providing an NCND response is to leave the question of whether or not PSNI hold the information entirely open. This is to ensure that no inferences can be drawn from the fact that we hold or do not hold the information.

Question 5
Please provide details for each of the above categories of the current threat level from criminals.

Answer 5
PSNI do not assess or hold any information on general threats arising from criminal groupings – threats to individuals are dealt with in line with the current Threats to Life Service Instruction