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Request
Q1. Please provide the latest inclusive language guide document for staff and other documents used for internal diversity training.
Extent and Result of Searches to Locate Information
To locate the information relevant to your request searches were conducted within North Yorkshire Police. I can confirm that some of the information you have requested is held by North Yorkshire Police.
Decision
I have today decided to disclose the following information to you.
Q1. North Yorkshire Police do not hold a specific inclusive language guide document. Please see the attached document which details the contents of the force’s DEI training materials. I am exempting the full training package pursuant to Section 43(2) of the Freedom of Information Act. Please see exemption explanation below.
Exemption Explanation
Section 17 of the Act requires North Yorkshire Police, 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 that would not otherwise be apparent) why the exemption applies.
Section 43(2) – Commercial Interests
This is a qualified, class based exemption, which requires that I express the harm and conduct a public interest test to balance the legitimate interests of the public in knowing the information against the interests of non-disclosure.
This exemption applies because the disclosure of the requested information would, or would be likely to, prejudice commercial interests.
Harm
Procurement processes are in place that involve suppliers being invited to confidential tendering where the suppliers can set out their terms of service in a fair and non-public environment. Parties do not know what each other are offering in terms of service and pricing which allows fair competition which is in the best interests of both suppliers and customers. As this relates to a national procurement exercise any prejudice to commercial interests is greater. To release products or services offered by an individual supplier would prejudice their commercial interests and negatively impact the fairness of any future procurement process as other suppliers would be able use this at an advantage to undercut competition or gain favour in other aspects of the tendering process. Trust would be lost in the forces ability to conduct business confidentially, and disclosure could deter suppliers willingness to conduct business with the force in fear that their commercially sensitive information would be made available to the public.
Public Interest Test
Factors Favouring Disclosure
There is a strong public interest in the efficiency of public sector spending. Releasing the information would provide the public with the knowledge on what the force spend on the subject matter. Disclosure would provide openness, displaying that public funds are being spent correctly and efficiently.
Factors Favouring Non-Disclosure
Disclosure of suppliers products into the public domain would likely deter suppliers from entering future tendering processes and it would put their competition at advantage. This would also impact North Yorkshire Police’s and other force’s ability to conduct fair tendering. Trust would be lost in the forces ability to conduct business and the community would be affected by the force being unable to spend public funds as effectively.
Balancing Test
The disclosure of commercially sensitive information would prejudice the commercial interests of the company involved and may deter them and others from participating in future procurement initiatives. There is a strong public interest against disclosure where that disclosure would be likely to prejudice the Force’s own commercial interests. Disclosure of the information would be likely to adversely affect the bargaining position of North Yorkshire Police during future contractual negotiations relating to current and future contracts which would result in less effective use of public money.
The public interest would not be served where disclosure of commercial information would hinder fair and open competition for public sector contracts. As such the balance is considered in favour of non-disclosure.
Pursuant to Section 17(1) of the Act this acts as a Refusal Notice in relation to the exempted parts of your request.
Please note that systems used for recording information are not generic, nor are the procedures used locally in capturing the data. It should be noted therefore that this force’s response to your questions should not be used for comparison purposes with any other responses you may receive.