PSNI auctions

Request Number: FOI/13899

Category: Finance and Procurement - Contracts

Subject: PSNI auctions
 

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 the information you seek in request number 1 is exempt by virtue of Section 38 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

Where do you sell/auction confiscated items? (It would be great to know the specific local auction house if applicable please.)
 

Answer 1

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.

The exemption/s, as well as the factors the Department considered when deciding where the public interest lies, are listed below:

Section 38 (1) (b) – Health & Safety – Information is exempt information if its disclosure under this Act would, or would be likely to (b) endanger the safety of any individual.

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 38 is a prejudice based qualified exemption which means that the legislators have identified that the harm (prejudice) in disclosure as well as the public interest considerations need to be evidenced and articulated to the applicant.

Please see the Harm provided below in relation to Section 38 and the public interest considerations for Section 38.

Harm

Section 38 provides an exemption from disclosing information if such a disclosure would endanger any individual and is wide enough to include those members of the general public including family members. The PSNI considers the release of this information would or would likely endanger the safety of individuals associated with this contract, and / or cause harm to their physical and mental health due to distress.

A disclosure 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.

Public Interest Test

Factors Favouring Release – Section 38 

Releasing the requested information would promote transparency and openness. Disclosure would improve the public’s knowledge and understanding surrounding companies who provide a contracted service for PSNI. 

Factors Favouring Retention – Section 38 

Disclosure could result in a loss of confidence in the police service’s ability to protect individuals. Releasing the requested information would or would likely cause distress and endanger the safety of 

Individuals identified. 

The threat against PSNI from dissident terrorist groups is currently rated at the level of ‘Substantial’ and to release into the public domain the name of those companies who provide a service to PSNI may put those companies and their employees at risk of attacks or threats from dissident groups. The disclosure of such information would assist terrorists and criminal elements in their attempts to carry out attacks on those individuals who are employed by the PSNI.

Decision 

Although there is a public interest in the transparency of organisational contracts, the police service has a greater duty of care to protect all individuals employed and/or contracted within the organisation. The police service will not disclose information which could endanger any individual.

PSNI must ensure that the safety of any individual is not compromised and this must take precedence over the principles of public knowledge and transparency. Therefore, the public interest, in this instance, is best served by not releasing the information to which you seek access.

Request 2

Now that Bumblebee Auctions has closed down, do you sell via any websites as well?

Answer 2

No.

Request 3

What happens to the proceeds?

Answer 3

This is dependent upon the circumstances in which the item sold was originally seized and legislation used. Where the proceeds can go can depend upon a Judge’s ruling/direction, it can be part of compensation to a victim, donated to charity or provided to the Home Office.

Request 4

What is included, eg, stolen goods, lost property etc? Does it include proceeds of crime?

Answer 4

In circumstances such as this the vendor deals with all valuable property seized by PSNI.

Request 5

What should people do if they spot something that belongs to them?

Answer 5
They should contact PSNI directly or the vendor who should refer to PSNI.