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FOI Reference: 766/2024
Request:
Note: If you do not use DrugWipe 3S, please consider the request in the context of the product you use and state its name in your response.
Quarter 1 2023 =
Quarter 2 2023 =
Quarter 3 2023 =
Quarter 4 2023 =
Quarter 1 2024 =
Quarter 2 2024 =
Quarter 1 2023 =
Quarter 2 2023 =
Quarter 3 2023 =
Quarter 4 2023 =
Quarter 1 2024 =
Quarter 2 2024 =
Response 1:
I can confirm that information is held to answer this request detailed below are the volumes of drug wipes purchased for these products.
Quarter 1 2023 = 400 wipes
Quarter 2 2023 = 500 wipes
Quarter 3 2023 = 200 wipes
Quarter 4 2023 = 600 wipes
Quarter 1 2024 = 200 wipes
Quarter 2 2024 = 200 wipes
We can confirm that the last purchase for DrugWipe 3S was for 400 wipes.
In respect to the ‘spend incurred for these products’ we can confirm that there is information held however that information is exempt from disclosure as the exemption under Section 43(2) - Commercial Interests is engaged. Please see below an explanation of the application of the exemption.
Explanation of the applied exemption:
Section 43(2) - Commercial Interests
“(2) Information is exempt information if its disclosure under this Act would, or would be likely to, prejudice commercial interests of any person (including the public authority holding it).”
This is a qualified and class-based exemption. As a class-based exemption, legislators have already accepted the harm in release of this class of information. As a consequence, there is no requirement to evidence the harm in disclosing such information. However, as the exemption is a qualified exemption there is a requirement to apply the public interest test, as detailed below.
Public Interest Test:
Considerations Favouring Disclosure:
There is a requirement to provide to the general public a better understanding of how public funds are spent. One of the underlying principles of the Act is the need for openness and transparency. In this case, there is a public interest in establishing that Dyfed-Powys Police has negotiated competitive rates in relation to the purchase of DrugWipe 3S.
Considerations Favouring Non-Disclosure:
In this case, to release details relating to the purchase of DrugWipe 3S would likely to prejudice the commercial interests of the current supplier by adversely affecting its bargaining position during contractual negotiations which would result in the less effective use of public money. This would not only prejudice the commercial interests of the company/supplier but also that of Dyfed-Powys Police, as the release of this information may also affect the competitiveness of the contract which in turn would affect the relationship the force has with the company/supplier which could result in civil action from a third party.
Balancing Test:
When balancing the public interest test, we have to consider whether the information should be released into the public domain. Advantages and disadvantages of disclosure need to be weighed against each other. In this case there is the use of public funds favouring disclosure which needs to be weighed against the damage that would occur to any ongoing or future tender process and the commercial interests of third parties.
By releasing the requested information, the commercial interests of a business and individuals may be compromised including that of Dyfed-Powys Police, along with the relationship that Dyfed-Powys Police has with that company/supplier or persons. Therefore, the factor favouring non-disclosure, which is damage would occur to any future tender process and the commercial interests of third parties outweighs the factor favouring disclosure, which is better understanding of how public funds are spent.
As such, the public interest favours non-disclosure of the information at this time. Therefore, in all the circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information.
Response 2:
I can confirm that there is no information held by Dyfed-Powys Police due to the fact that the data requested is not held on Force systems.
(This is a response under the Freedom of Information Act 2000 and disclosed on 09/10/2024)