FREEDOM OF INFORMATION REQUEST

Transcription

1 FREEDOM OF INFORMATION REQUEST Request Number: F Keyword: Subject: Human Resources High Potential Development Scheme Request and Answer: This is to inform you that the Police Service of Northern Ireland has now completed its search for the information you requested. I have today decided to: fully exempt information in relation to Q1, Q2, Q5, Q6, Q7, Q8, Q9, Q10 & Q11 pursuant to the provisions of section 21 of the Act. disclose part information in relation to Q3 pursuant to the provisions of Section 21 & Section 38 of the Freedom of Information 2000 (the Act); and disclose information in relation to Q4 pursuant to the provisions of Section 38 of the Freedom of Information 2000 (the Act) Section 17 of the Freedom of Information Act 2000 requires the Police Service of Northern Ireland, 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 not otherwise apparent) why the exemption applies. Pursuant to the provisions of Section 21 of the Freedom of Information Act 2000 it has been decided to refuse access to some of the information you have requested. Section 21 of the Act provides that information which is reasonably accessible to the applicant by other means is exempt information. Question 1 Please can you provide me with the following information in accordance with the rights provided for

2 by the Freedom of Information Act 2000 Details of the High Potential Development Scheme (HPDS) currently provided by PSNI, including the benefits for officers on the scheme. Answer Full details of the application of the High Potential Development Scheme within the PSNI are available from PSNI Service Procedure SP 15/10 High Potential Development Scheme available from PSNI Internet Site (Publications Section) and can be accessed via the link provided below: Question 2 Details of the eligibility (1) Sergeants participating on HPDS to be promoted to Inspector rank (2) Constables participating on HPDS to be promoted to Sergeant rank. Answer Full details of the policy and associated procedures for the promotion of police officers within PSNI are detailed in PSNI Policy Directive 05/08 Police Officer Promotion Policy available from PSNI Internet Site (Publications section) and can be accessed via the link provided below: In addition, further clarification of the eligibility criteria for promotion are contained in the National Police Improvement Agency Manual of Guidance for the High Potential Development Scheme available from the NPIA s (National Policing Improvement Agency) website and can be accessed via the link below: Question 5 Minutes of/records of the formal approval of Service Procedure 15/10. Answer There is no recorded information on the approval of this policy. Verbal approval was given by the Assistant Chief Constable responsible for the High Potential Development Scheme as stated on page one of the Service Procedure 15/10 which can be accessed via the link provided below: Question 6 Details of the criteria to be utilised in assessing the competence of an officer to be promoted to Chief Inspector rank by virtue of Regulation 8 (3) of the Police Service of Northern Ireland (Promotion) Regulations Answer Assessment of competence of an HPDS officer to be promoted to the rank of Chief Inspector is outlined within PSNI Policy Directive 05/08 Police Officer Promotion Policy and PSNI Service Procedure SP 15/10 High Potential Development Scheme and can be accessed via the links provided below: Question 7 Details of the criteria to be utilised in assessing the competence of an officer to be promoted to

3 Inspector rank by virtue of Regulation 8 (2) of the Police Service of Northern Ireland (Promotion) Regulations Answer Assessment of competence of an HPDS officer to be promoted to the rank of Inspector is outlined within the PSNI Policy Directive 05/08 Police Officer Promotion Policy Page 30 makes specific reference to promotion to the rank of Inspector and can be accessed via the link provided below: Question 8 Details of the criteria to be utilised in assessing the competence of an officer to be promoted to Sergeant rank by virtue of Regulation 8 (1) of the Police Service of Northern Ireland (Promotion) Regulations Answer Assessment of competence of an HPDS officer to be promoted to the rank of Sergeant is outlined within PSNI Policy Directive 05/08 Police Officer Promotion Policy Page 16 makes specific reference to promotion to the rank of Sergeant and can be accessed via the link provided below: Question 9 Details of the legal basis for requiring Constables or Sergeants on HPDS to complete a selection examination within the meaning of Regulation 5 of the Police Service of Northern Ireland (Promotion) Regulations Answer The legal basis for all promotions of a Constable or Sergeant on HPDS is governed by the Police Service of Northern Ireland (Promotion) Regulations 2008 in its entirety. The legal basis for Qualifications is set out in Regulation 4, whilst the legal basis for the assessment of competence is set out in Regulation 5. The PSNI (Promotion) Regulations 2008 can be accessed via the link below: Question 10 Details of any impact, or potential impact, that the current reduction in numbers of Sergeant / Inspector / Chief Inspectors is likely to have on promotion opportunities for officers participating on the HPDS scheme. Answer National Police Improvement Agency Manual of Guidance for the High Potential Development Scheme sets out the circumstances for promotion of HPDS Officers in the context of the availability of vacancies Section 41 refers. NPIA Manual of Guidance can be accessed via the link provided below: Question 11 What procedures the Chief Constable has in place to ensure his obligations under Regulation 8(4) of the Police Service of Northern Ireland (Promotion) Regulations Answer

4 Full details of the policy and associated procedures for the promotion of police officers within PSNI who are members of the High Potential Development Scheme are detailed in PSNI Service Procedure SP 15/10 High Potential Development Scheme and PSNI Policy Directive 05/08 Police Officer Promotion Policy both available from PSNI Internet Site (Publications section) and can be accessed via the links provided below: In addition, further clarification on the promotion of HPDS Officers is contained in the National Police Improvement Agency Manual of Guidance for the High Potential Development Scheme available from the NPIA s website and can be accessed via the link provided below: Question 3 Details of the consultation exercise undertaken in respect of Service Procedure 15/10, including any responses received. Answer Section 17 of the Freedom of Information Act 2000 requires the Police Service of Northern Ireland, 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 not otherwise apparent) why the exemption applies. Pursuant to the provisions of Section 21 of the Freedom of Information Act 2000 it has been decided to refuse access to some of the information you have requested in question 3. Section 21 of the Act provides that information which is reasonably accessible to the applicant by other means is exempt information. The extent of the consultation process is outlined in Section 6 of PSNI Service Procedure SP 15/10 and can be accessed via the link provided below: Please also see copy s below subject to the virtue of Section 38 of the Freedom of Information Act Section 38 (1)(a)(b) Health & Safety, is a prejudiced based, qualified exemption, this means that it is the Public Authority s responsibility to evidence the Harm and carry out a Public Interest Test. A summary of the Harm for Section 38 along with the Public Interest Test are provided below: HARM Disclosure of PSNI staff names contained in the documentation for administrative purposes only could put individuals at risk and impact on their safety. The Service is currently under threat from Dissident Republicans and releasing names of personnel could assist terrorists in targeting individuals. Dissidents have been responsible for a number of recent attacks, including bombs at Newtownhamilton police station and Palace Barracks in Holywood and have targeted police officers with under car booby trap devices. The Independent Monitoring Commission (IMC) in its 23rd report have stated that the Real IRA and the Continuity IRA were continuing to recruit and train members,

5 acquire weapons and target potential victims, with police officers the main focus of their activities. PUBLIC INTEREST TEST Factors Favouring Release - Section 38 Disclosure of this information would promote openness and transparency. The public would be better informed about the decision making process and the personnel involved. Factors Favouring Retention - Section 38 Releasing the names of police staff into the public domain would assist terrorists and criminal elements to use a mosaic approach and link all information available to them to carry out attacks on PSNI personnel on or off duty. Decision I have determined that the release of staff members names, into the public domain would not be in the public interest. The Service is currently under severe threat from Dissident Republicans and disclosure of this information has the potential to assist those criminal elements seeking to carry out attacks against police officers/police staff. The safety of individuals is of paramount importance and the PSNI will not divulge any information which could put lives or property at risk. Question 4 Details of the equality impact assessment (if any) conducted in respect of Service Procedure 15/10. Answer Please see Equality Impact Assessment below which has been provided subject to the virtue of Section 38 of the Freedom of Information Act Section 17 of the Freedom of Information Act 2000 requires the Police Service of Northern Ireland, 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 not otherwise apparent) why the exemption applies. Section 38 (1)(a)(b) Health & Safety, is a prejudiced based, qualified exemption, this means that it is the Public Authority s responsibility to evidence the Harm and carry out a Public Interest Test. A summary of the Harm for Section 38 along with the Public Interest Test are provided below: Disclosure of PSNI staff names contained in the documentation for administrative purposes only could put individuals at risk and impact on their safety. The Service is currently under threat from Dissident Republicans and releasing names of personnel could assist terrorists in targeting individuals. Dissidents have been responsible for a number of recent attacks, including bombs at Newtownhamilton police station and Palace Barracks in Holywood and have targeted police officers with under car booby trap devices. The Independent Monitoring Commission (IMC) in its 23rd report have stated that the Real IRA and the Continuity IRA were continuing to recruit and train members, acquire weapons and target potential victims, with police officers the main focus of their activities. PUBLIC INTEREST TEST Factors Favouring Release - Section 38 Disclosure of this information would promote openness and transparency. The public would be better informed about the decision making process and the personnel involved. Factors Favouring Retention - Section 38 Releasing the names of police staff into the public domain would assist terrorists and criminal

6 elements to use a mosaic approach and link all information available to them to carry out attacks on PSNI personnel on or off duty. Decision I have determined that the release of staff members names, into the public domain would not be in the public interest. The Service is currently under severe threat from Dissident Republicans and disclosure of this information has the potential to assist those criminal elements seeking to carry out attacks against police officers/police staff. The safety of individuals is of paramount importance and the PSNI will not divulge any information which could put lives or property at risk. If you have any queries regarding your request please write or contact the Freedom of Information Team on Please remember to quote the reference number listed above in any future communications with the Freedom of Information Team. If you are dissatisfied in any way with the handling of your request, you have the right to request a review. You should do this as soon as possible or in any case within two months of the date of issue of this letter. In the event that you require a review to be undertaken, you can do so by writing to the Head of Freedom of Information, PSNI Headquarters, 65 Knock Road, Belfast, BT5 6LE or by ing [email protected]. If following an internal review, carried out by an independent decision maker, you were to remain dissatisfied in any way with the handling of the request you may make a complaint, under Section 50 of the Freedom of Information Act, to the Information Commissioner s Office and ask that they investigate whether the PSNI has complied with the terms of the Freedom of Information Act. You can write to the Information Commissioner at Information Commissioner s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF. In most circumstances the Information Commissioner will not investigate a complaint unless an internal review procedure has been carried out, however the Commissioner has the option to investigate the matter at his discretion. Please be advised that PSNI replies under Freedom of Information may be released into the public domain via our Personal details in respect of your request have, where applicable, been removed to protect confidentiality.