PSNI Firearms Licencing

Request Number: FOI/15887

Category: Firearms and Explosives – Firearms Applications and Certificates

Subject: PSNI Firearms Licencing

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 information to which your request relates and some of this is being provided to you.

We further consider that some of the information you seek is exempt by virtue of Section 42(1) 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.

Question 1
In the initial Investment Appraisal for the move to the online system what steps did PSNI take to identify the number of existing (or likely future - say 5 year period) certificate holders who would fall into this IT illiterate/inaccessible category; 

Answer 1
To deal with the transition to move from a paper-based process the following steps were taken:

• Education was provided to key stakeholders within the shooting community by way of regular updates of the forthcoming changes;
• Roadshows were held in venues throughout Northern Ireland, in advance of go live, which members of the public could attend
  to see a demonstration of the new online application system;
• Laptops were provided by PSNI to Firearms Dealers in NI so they could assist members of the public to submit their applications;
• Local Firearms Enquiry officers, based throughout NI, were trained in the system so they could also assist applicants;
• A dual system (paper-based or online) was offered for the first 18 months after the initial transition.

Question 2
What was the total number of 65 years old and older FAC holders identified both (then) current and anticipated (again in the 5 year future);

Answer 2
Please find attached PDF in response to the above.

Question 3
In light of that information did PSNI consider at that stage whether, either intentionally or otherwise, the move to a ”paperless“ IT System could/would create a breach or breaches of the then prevailing (and current) Age Discrimination legislation; and 

Answer 3
You have sought information which is considered to attract Legal Professional Privilege (‘LPP’). LPP protects confidential communications between a lawyer and client. Section 42 of the FOIA provides an exemption for information protected by LPP. The concept of LPP protects the confidentiality of communications between a lawyer and client. This helps to ensure complete fairness in legal proceedings.

In Bellamy v the Information Commissioner and the Secretary of State for Trade and Industry (EA/2005/0023, 4 April 2006) the Information Tribunal described LPP as:

“a set of rules or principles which are designed to protect the confidentiality of legal or legally related communications and exchanges between the client and his, her or its lawyers, as well as exchanges which contain or refer to legal advice which might be imparted to the client, and even exchanges between the clients and [third] parties if such communications or exchanges come into being for the purposes of preparing for litigation”

In the Bellamy decision, the Tribunal acknowledged that there are two types of privilege within the concept of LPP:

• Litigation privilege; and
• Advice privilege.

Litigation privilege applies to confidential communications made for the purpose of providing or obtaining legal advice about proposed or contemplated litigation. Litigation privilege can apply to a wide variety of information, including advice, correspondence, notes, evidence or reports. Advice privilege applies where no litigation is in progress or contemplated. It covers confidential communications between the client and lawyer, made for the dominant (main) purpose of seeking or giving legal advice.

In this case PSNI considers the information you have requested is covered by both litigation and advice privilege. As a result section 42 (1) of the FOIA is engaged. Section 42 (1) states:

(1) Information in respect of which a claim to legal professional privilege or, in Scotland, to confidentiality of communications could be maintained in legal proceedings 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. PSNI has also followed the Information Commissioner’s Office guidance on LPP which is available on their website at the following link:

https://ico.org.uk/media/for-organisations/documents/1208/legal_professional_privilege_exemption_s42.pdf

Section 42 (1) – Legal professional privilege
Section 42 is a class based exemption which carries a public interest test. This means that information has to fall within the class protected by the exemption for it to be engaged. In this instance there are communications between PSNI and its legal advisors within the information you are requesting. The public interest considerations that PSNI considered included:

Factors favouring release - Section 42
Providing information covered by legal professional privilege to the public could increase transparency for the public on the decision making processes of PSNI.

Factors against release - Section 42
The material requested includes communications to which legal advices have been sought. The PSNI’s ability to consider that advice and to determine its position could be compromised if this information were to be released. There is a high public interest in the ability for PSNI to seek legal advice freely and frankly in relation to an ongoing issue is imperative and PSNI sought that advice in confidence with the expectation it would not be further disclosed.

Balancing Test/Decision
PSNI has considered the public interest factors above, and taking all of the circumstances of this request into account considers that the balance of the public interest test favours withholding of the information in this instance.

Question 4
If the then PSNI consideration determined that a breach may occur what factors influenced PSNI’s decision to introduce the current paperless system?

Answer 4
PSNI did not consider it as a breach.