FOI Government terrorism prevention programme referrals (0765-2022/23)

Request

• How many personnel working for your police force have been referred to the government terrorism prevention programme (PREVENT)?
• Can I have these figures for the year 2022 so far, and then for the previous four annual years before that?
• Please can you break down the figures for each year by the type of terrorism activity e.g. extreme right-wing related activity, left wing anarchist, no clear ideology, islamist related activity etc.
• Please can you break down the figures for each year by job title or seniority of rank.

 

Response

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 the information you have requested is held by North Yorkshire Police. 

Decision

I have today decided to disclose some of the located information to you.

North Yorkshire Police can neither confirm nor deny that information is held as the duty in s1(1)(a) of the Freedom of Information Act 2000 does not apply by virtue of the following exemptions:

Section 24(2) National Security
Section 30(3) Investigations
Section 31(3) Law Enforcement
Section 40(5) Personal information

 

Harm in complying with s1(1)(a) – to confirm or not whether information is held

Any release under FOIA is a disclosure to the world, not just to the individual making the request.  To confirm or not that information is held pertinent to this request would reveal whether or not North Yorkshire Police has referred police officers to the Prevent Database.

Police forces work in conjunction with other agencies and information is freely shared in line with information sharing protocols.  Modern-day policing is intelligence led and this is particularly pertinent with regard to both law enforcement and national security.  The public expect police forces to use all powers and tactics available to them to prevent and detect crime or disorder and maintain public safety.  In this case the referral of individuals to the Prevent database.

The prevention and detection of crime is the foundation upon which policing is built and the threat from terrorism cannot be ignored.  It is generally recognised that the international security landscape is increasingly complex and unpredictable.  The current UK threat level from international terrorism, based on intelligence, is assessed as substantial which means that a terrorist attack is likely.

In order to counter criminal and terrorist behaviour, it is vital that the police have the ability to work together, where necessary covertly, to obtain intelligence within current legislative frameworks to assist in the investigative process to ensure the successful arrest and prosecution of offenders who commit or plan to commit acts of terrorism.

To achieve this goal, it is vitally important that information sharing takes place between police officers, members of the public, police forces as well as other law enforcement bodies within the United Kingdom.  Such as action would support counter‑terrorism measures in the fight to deprive terrorist networks of their ability to commit crime.

The impact of providing information under FOI which aids in identifying whether or not North Yorkshire Police concerns about police officers being involved in Islamic radicalisation or right-wing radicalisation and have made a referral to the Prevent programme, and which forces haven’t, would provide those intent on committing criminal or terrorists acts with valuable information as to where the police are targeting their investigations.

In addition, to confirm or deny whether information is held in this case has the potential to undermine the flow of information (intelligence) received from members of the public into the Police Service thereby undermining National Security and leaving the United Kingdom at risk of more terrorist attack.

 

Public Interest Considerations

Section 24(2) National Security

Factors favouring complying with s(1)(1)(a) confirming that information is held

The public are entitled to know how public funds are spent and resources distributed within an area of policing, particularly with regard to how the police investigate terrorist offending.  To confirm whether or not information exists would enable the general public to hold North Yorkshire Police to account in relation to how they gather intelligence when referring individuals to the Prevent database.

Furthermore, confirming or denying may improve public debate and assist the community to take steps to protect themselves.

 

Factors against complying with s1(1)(a) neither confirming nor denying that information is held

Taking into account the current security climate within the United Kingdom, no information which may aid a terrorist should be disclosed.  To what extent this information may aid a terrorist is unknown, but it is clear that it will have an impact on a force’s ability to monitor terrorist activity.

The public entrust the Police Service to make appropriate decisions with regard to their safety and protection.  The only way of reducing risk is to be cautious with what is placed into the public domain.

The cumulative effect of terrorists gathering information from various sources would build a picture of vulnerabilities within certain scenarios, as in this case which forces have referred serving police officers on to the Prevent database.  The more information disclosed over time will provide a more detailed account of the tactical referral of individuals suspected or being vulnerable to radicalisation.

 

Section 30(3) Investigations

Factors favouring complying with s1(1)(a) confirming information is held

Confirming or denying whether information exists relevant to this request would lead to a better informed general public by identifying that North Yorkshire Police robustly investigate any offences that may occur which identifies that an individual is susceptible to radicalisation, including police officers.  This fact alone may encourage individuals to provide intelligence in order to assist with investigations and would also promote public trust in providing transparency and demonstrating openness and accountability into where the police are currently focusing their investigations.

The public are also entitled to know how public funds are spent.

 

Factors against complying with s1(1)(a) neither confirming nor denying that information is held

Modern-day policing is intelligence led.  To confirm or not whether North Yorkshire Police has referred a serving police officer to be entered onto the Prevent database could hinder the prevention and detection of crime.

 

Section 31(3) Law Enforcement

Factors favouring complying with s1(1)(a) confirming information is held

The number of Prevent referrals is published (the latest publication being for the time period April 2019 to March 2020), this is at a national level only, and this in itself favours confirming information is held.

 

Factors against complying with s1(1)(a) neither confirming nor denying that information is held

North Yorkshire Police has a duty of care to the community at large and public safety is of paramount importance.  If an FOI disclosure revealed information to the world (by citing an exemption or stating no information held) that would assist an offender would undermine the security of the national infrastructure, by revealing our ‘intelligence’ thereby highlighting vulnerabilities force by force.

By its very nature, by confirming or denying this information is held would undermine the effective delivery of operational law enforcement.  Under FOI there is a requirement to comply with s1(1)(a) and confirm what information is held.  In some cases it is that confirmation, or not, which could disclose facts harmful to members of the public, police officers, other law enforcement agencies and their employees.

 

Balance Test

The points above highlight the merits of confirming, or denying, whether information pertinent to this request exists.  The security of the country is of paramount importance and the Police Service is charged with enforcing the law, preventing and detecting crime and protecting the communities we serve.  As part of that policing purpose, various operations with other law enforcement bodies may or may not be ongoing.  The Police Service will never divulge whether or not information is held if to do so would place the safety of individual(s) at risk or undermine National Security.

Whilst there is a public interest in appropriately and effectively engaging with the threat from criminals, there is a very strong public interest in safeguarding National Security.  As much as there is a public interest in knowing that policing activity is appropriate and balanced in matters of National Security, this will only be overridden in exceptional circumstances.

The public entrust the Police Service to make appropriate decisions with regard to their safety and protection and the only way of reducing risk is to be cautious with any information that is released.  Confirming or denying whether information is or isn’t held would definitely reveal policing activity and would assist those intent on causing harm.  Any incident that results from confirmation or denial would, by default, affect National Security.

Therefore, at this moment in time, it is our opinion that for these issues the balance test for confirming, nor denying, that information is held is made out.

No inference can be taken from this refusal that information does or does not exist.

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.