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FOI Reference: 554/2025
Request:
Response 1:
Section 1 of the Freedom of Information Act 2000 (FOIA) 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.
I can confirm that Dyfed-Powys Police does hold the information requested, however, we are withholding the information by virtue of following 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 restraints, tasers and incapacitant chemicals.
Considerations Favouring Non-Disclosure:
In this case, to release details relating to the value of restraints, tasers, and incapacitant chemicals could result in a price per unit being identified as specific numbers ordered have been released under FOI previously. This would likely prejudice the commercial interests of the current suppliers by adversely affecting their 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 companies/suppliers but also that of Dyfed-Powys Police, as the release of this information may also affect the competitiveness of the contracts which in turn would affect the relationship the force has with the companies/suppliers 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.
Please note: Under Section 16 of the FOI act (advice and assistance), please see the below table which relates to the number of each equipment type ordered.
|
Equipment type |
Jan – Dec 2020 |
Jan – Dec 2021 |
Jan – Dec 2022 |
Jan – Dec 2023 |
Jan – Dec 2024 |
|
Limb Restraints & Pouch (ordered) |
150 |
50 |
50 |
500 |
x |
|
PAVA incapacitant spray (ordered) |
200 |
1500 |
x |
x |
1500 |
|
X2 Taser (ordered) |
118 |
1 |
10 |
x |
x |
Response 2:
I can confirm that Dyfed-Powys Police does hold the information requested and is as follows:
|
|
Jan – Dec 2020 |
Jan – Dec 2021 |
Jan – Dec 2022 |
Jan – Dec 2023 |
Jan – Dec 2024 |
|
Training Taser (staff trainers cost) |
£88,473.60 |
£156,303.36 |
£116,490.24 |
£78,151.68 |
£97,320.96 |
|
Training PPST (staff trainers cost) |
£159,252.48 |
£303,759.36 |
£123,863.04 |
£194,641.92 |
£353,894.00 |
|
Additional training facility cost |
£1,080.00 |
£7,020.00 |
£11,970.00 |
£17,940.00 |
£23,040.00 |
It should be noted that owing to the systems adopted by Dyfed-Powys Police in relation to the recording of such matters the information provided may or may not be accurate.
(This is a response under the Freedom of Information Act 2000 and disclosed on 20/10/2025)
|
Os oes angen y wybodaeth yma arnoch yn Gymraeg, cysylltwch â: If you require this information in Welsh, please contact: |