Palestine Action protest policing costs

Request Number: FOI/15626

Category: Other

Subject: Palestine Action protest policing costs

Request and Answer: 
Your request for information has now been considered. We do not hold information in relation to request number 1.  We further consider the information you seek in request numbers 2 and 3 exempt by virtue of Section 30 and 40 of FOIA and have detailed our rationale as to why these exemptions apply. 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
Since July 5th 2025 until the date that this request is received (29th August 2025), how much has been spent on policing protests directly linked to Palestine Action?

Answer 1
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 your 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. 
In Northern Ireland, protests linked to Palestine Action have been part of wider Pro-Palestinian protests and so we cannot attribute spending directly to policing protests directly linked to Palestine Action.
Accordingly, we have determined that the Police Service of Northern Ireland does not hold the information to which you seek access.

Request 2
Since July 5th 2025 until the date that this request is received (29th August 2025), how many cumulative days have people arrested for supporting Palestine Action (under Terrorism Act 2000) spent in custody suites?

Request 3
Since July 5th 2025 until the date that this request is received (29th August 2025), how many people arrested for supporting Palestine Action (under Terrorism Act 2000) have been:
A. Released without bail
B. Released with bail
C. Charged
D. Remanded in custody

Answers 2 & 3
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(s) in question and
     c) states (if that would not otherwise be 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 30 (1)(a) – Investigations and Proceedings Conducted by the Public Authority - Information held by a public authority is exempt information if it has at any time been held by the authority for the purposes of – 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 40(2)(a)(b) by virtue of Section 40(3)(A)(a) – Personal Information - Information constitutes personal data and disclosure would contravene any of the Data Protection principles.

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 30 is a qualified class based exemption and there is a requirement to conduct a public interest test.

Section 40 is a Class-based exemption, therefore it is not necessary to evidence the harm caused by disclosure nor is it necessary to carry out a public interest test in this case. 

Exemptions Explained

Section 30 – Public Interest Test
Factors Favouring Release - Section 30
Disclosing this information would assist in showing that the PSNI are conducting thorough investigations into such incidents. There is much public interest in ensuring that investigations are undertaken professionally and rigorously and disclosure of the requested information could promote public trust in providing transparency, demonstrating openness and accountability in relation to investigations. Releasing the information may better inform the public and encourage others to come forward to report criminal offences if they know a proper investigation will be undertaken.  All police investigations involve the use of public funds and this information could allow the public to make informed decisions about police procedures and the money spent in this area.

Factors Favouring Retention – Section 30
The information requested is held for the purposes of investigations and therefore if the PSNI were to release the requested information it could compromise and undermine any ongoing investigations, thus hindering the course of justice by prematurely releasing information.

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 challenging to see how releasing this information will do so.

Balancing Test – Section 30
It could be argued that there is a public interest in the transparency of investigations carried out by the police to ensure they are being conducted appropriately and in line with current investigative guidelines. However, the Police Service has a duty to ensure effective law enforcement, to allow the detection and investigation of crime.

The detection and investigation of crimes are cornerstones of a modern democratic society and the PSNI’s investigative role is of paramount importance. The Police Service will not divulge information if to do so could adversely affect any investigations.

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.

Therefore, the public interest, in this instance, is best served by not releasing the information, to which you seek access, into the public domain through a FOI release.

Section 40
Section 40 (2) of the FOIA is an absolute exemption which means there is no requirement on PSNI to consider whether there is a public interest in disclosure, PSNI must however consider if information can be released into the public domain. Section 40 is an interface exemption which means we must consider whether release of the information would breach the General Data Protection Regulations (‘GDPR’) or the Data Protection Act 2018 (‘DPA’). To ensure that persons cannot be identified, it has been decided to redacted some information which is the ’personal data’ of those individuals as defined under Data Protection legislation.

Under the Freedom of Information Act, PSNI must consider if information can be released into the public domain. I 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 S40 (3)(A)(a). As this information is ‘personal data’, PSNI considered whether disclosure would contravene any of the six data protection principles contained within the GDPR.

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 ‘fairly and lawfully’. 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. I consider those individuals would not have any reasonable expectation that PSNI would disclose such information of this nature about them into the public domain. I further 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 partially exempt for your request under section 40 (2) of the FOIA as it contravenes data protection legislation to release it and PSNI has made the decision to redact that information