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FOI Reference: 862/2024
Request:
Subject: Mobile Telephony Services
Please provide complete answers to the following questions:
Organisation details
Renewal
Contract and usage details
---------------------------------------
Response:
Section 1 of the Freedom of Information Act 2000 places two duties on public authorities. Unless exemptions apply, the first duty at Section 1(1) (a) is to confirm or deny whether the information specified in a request is held. The second duty at Section 1(1) (b) is to disclose information that has been confirmed as being held.
In respect to Questions 13 - 24, requesting the monthly cost breakdown, 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 the total monthly mobile phone contracts of Dyfed-Powys Police.
Considerations Favouring Non-Disclosure:
In this case, to release details relating to these mobile phone contracts 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 Q1
Dyfed Powys Police
Response Q2
As of 31st August, there are 2,008 full time employees within the organisation, including officers and staff
Response Q3
EE
Response Q4
No
Response Q5
September 2023
Respones Q6
36 months + 12 months + 12 months
Response Q7
Yes, CCS RM6261
Response Q8
1,772
Response Q9
0
Response Q10
1,772
Response Q11
Yes, 2TB
Response Q12
880 GB
Response Q13 – Q24
Exemption under Section 43(2) - Commercial Interests is engaged
Response Q25
No
Response Q26
No
Response Q27
Yes. 11 towers on 10 sites (one site has 2 towers). EE,BT, Vodafone and Cornerstone (CTIL) for O2
Response Q28
Andrew Rees
Uwch Rheolwr Cyfleusterau - Senior Facilities Manager
Adran Ystadau – Estates Department
Ffon Symudol / Mobile: 07815 593404
E bost / E mail: [email protected]
(This is a response under the Freedom of Information Act 2000 and disclosed on 25/10/2024)