September 22, 2025 | Operational Policing, Investigations and Events , Investigations and Operations
Request Number: FOI/15292
Category: Operational policing, Investigations and Events - Investigations and Operations
Subject: Operation Begrain
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 that some of the information you seek in request numbers 1, 3, 4 and 7 are exempt by virtue of Sections 30, 31 and 40 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 2
The reasons for the length of time taken to begin interviewing affected patients and/or taking statements.
Answer 2
All victims have been given the opportunity to complete a detailed questionnaire with as much or as little detail as they wish to provide.
Interviews with the families of deceased victims are currently ongoing.
There are high volumes of victims who have made reports and these will be worked through systematically.
Request 5
The number of individuals who have been:
•. Interviewed under caution,
•. Interviewed as witnesses,
•. Or otherwise formally engaged by PSNI in connection with Operation Begrain.
Answer 5
Interviewed under caution - nil.
Interviewed as witnesses - 168 have had the opportunity to provide initial accounts. 22 victims/families have provided full accounts in person with a detective.
Formally Engaged - 168.
Request 6
The number of PSNI officers or staff currently assigned to the investigation.
Answer 6
4 full time staff members with additional 2 non-dedicated Senior Investigating Officer/Deputy Investigating Officer. (SIO/DIO)
Request 1
A timeline of key milestones and actions taken in Operation Begrain since its inception.
Request 3
Any internal correspondence, memos, or documents that discuss the resourcing, prioritisation, or status of Operation Begrain.
Request 4
Whether PSNI has received any external direction, instruction, or request (formal or informal) from any third parties (including political figures, public bodies, legal representatives, or government departments) to pause, delay, limit, or shelve any aspect of the investigation.
Request 7
Whether any reports, interim assessments, or conclusions have been drafted to date, and if so, when they are expected to be published or shared with affected patients.
Answers 1, 3, 4 and 7
With regards to Request 1, PSNI can advise that Operation Begrain was launched on 28 November 2023.
However in conjunction with the response above PSNI has made the decision to withhold any further information requested in Requests 1, 3,4 and 7 for the reasons as articulated 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:
- states that fact,
- specifies the exemption in question and
- states (if not otherwise apparent) why the exemption applies.
The exemption/s, 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.
Section 31(1)(a)(b) – Law Enforcement: the prevention or detection of crime and the apprehension or prosecution of offenders
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 30 and 31 are a qualified, class-based exemptions which means that the legislators have determined that harm in release must be evidenced and a public interest test should be conducted.
Public Interest Test
Harm
The information requested relates to ongoing investigations launched by PSNI. If details of the investigation 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, Families could also be severely damaged if our abilities to interview witnesses were to be reduced. Disclosure may affect current or future evidence and negatively impact any potential prosecution, hindering the administration of justice.
Furthermore, we have decided to exempt this information as if it were to be released to is likely to reveal operational methods, tactics or procedures used by police, which in turn could enable individuals or groups intent on committing crime to evade detection as well as undermine the effectiveness of police strategies for future cases.
Factors Favouring Release – Section 30
There may be a general public interest in this investigation and 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.
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. While there is public interest in the disclosure of this information, there is a stronger public interest in protecting the integrity of ongoing investigations. Where witnesses or the victim provides information through the course of the investigation, it is done under full confidentiality and only for purpose of investigation. Provision of information that may identify an individual to the general public would breach that confidentiality, impeding any future assistance that individuals can provide and the PSNI law enforcement duty could be compromised.
Section 30 – Balancing/Decision
It is the NPCC’s (National Police Chiefs’ Council) approach that information relating to an investigation will rarely be disclosed under the provisions of the Freedom of Information Act. Whilst information may be released if it provides a tangible community benefit, for example to prevent or detect crime or to protect life or property, it is difficult to understand how the information here will do so.
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 complete any investigation where disclosure may jeopardise future criminal proceedings linked to this or any other investigation. On this occasion the PSNI considers the balance of the public interest very strongly favours maintaining the exemption.
Factors favouring release – Section 31
PSNI considered there was a public interest in release of information could provide the public with increased access to PSNI resources. Disclosure may assist the public with further understanding of policing methods.
Factors favouring retention – Section 31
PSNI considered there was a public interest in ensuring PSNI resources are used appropriately and police methodology remaining protected, which in turn protects PSNI’s law enforcement abilities.
Section 31 Balancing/Decision
PSNI have a duty to prevent crime and protect members of public. All the information resourced by the Service in regards to this incident, regardless if it was via intelligence or witness statements, has been gathered confidentially and its disclosure may not only damage confidence in policing in Northern Ireland, but also break Data Protection law and could lead to action against PSNI.
Given the impact of law enforcement activity it is important that the public use established and resourced contact points to get in touch with the police if they need to. PSNI considers the balance of the public interest favours upholding the exemption.
The release of information under the Freedom of Information Act 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 who or how the information is shared with other individuals, therefore a release under FOI is considered a disclosure to the world in general.
Police need to make balanced judgements which justify why some information needs to remain exempt and unpublished. Wherever investigations could benefit from disclosure of this information, PSNI can make a decision to release data to the public, however at the present time, the reasons for withholding the details of investigation are greater than the public interest in disclosure.
Additionally, we have also exempted the information requested in Requests 3, 4 and 7 under:
Section 40(2)(a)(b) by virtue of 40(3)(A)(a) Personal Information – Information constitutes personal data and disclosure would contravene any of the Data Protection principles.
Section 40(2) of the FOIA is an absolute exemption which means there is no requirement on the PSNI to consider whether there is a public interest in disclosure. It is an interface exemption and we must consider whether release of the information would breach the General Data Protection Regulations (‘GDPR’) or the Data Protection Act 2018 (‘DPA’). Third party personal information, is contained within the document i.e. names and contact details of PSNI personnel and strategic leads in partner agencies and this constitutes ‘personal data’ under the GDPR (Article 4) and DPA (Part 1 s.3).
Under the Freedom of Information Act, PSNI must consider if information can be released into the public domain. We have therefore considered whether the disclosure of this personal data is subject to the exemption at section 40(2) of the Freedom of Information Act 2000 by virtue of s.40 (3)(A)(a). As the information is ‘personal data’, PSNI considered whether disclosure would contravene any of the six data protection principles contained within the GDPR or DPA.
The six data protection principles are good information handling standards which PSNI must comply with in relation to how it handles personal information, including deciding whether to disclose it or not. In particular, the first principle requires personal data to be processed in a lawful and fair manner. In considering whether it is ‘fair’ to any individual to release information about them, PSNI considered the likely expectations of those individuals and the nature of the information involved. Individuals must have confidence that their information is treated sensitively and appropriately by PSNI. We consider those individuals would not have any reasonable expectation PSNI would disclose such information. We consider it would be extremely unfair to those individuals and therefore a breach of the first principle of data protection legislation. This information is therefore exempt under section 40 (2) of the FOIA as it contravenes data protection legislation to release it and the PSNI has made the decision to withhold that information.