In accordance with section 1(1) (b) of the Act our response is
provided below;
Question 1
Your request for this information has now been considered and I
am not obliged to supply the information. Section 17 of the Freedom
of Information Act 2000 requires the Cheshire Constabulary, when
refusing to provide such information (because the information is
exempt) to provide you 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.
Reasons for Decision:
This information is exempt by virtue of the following
sections:
Section 43 (2) Commercial Interests
Section 41 (1) (a) (b) Information provided in confidence This
is an absolute exemption
Information is exempt information if its disclosure under this
Act would, or would be likely to, prejudice the commercial
interests of any person (including the public authority holding
it)
The contract with the providers of interpreter services is a
commercial undertaking and to disclose the detail that is asked for
in this request would seriously undermine the Authority's ability
to negotiate future contracts at terms advantageous to the
Authority and the tax payer. Furthermore disclosure of the contract
details would also prejudice the suppliers commercial interest,
breaching the confidentiality of the information provided to the
Authority by the other party and would be in breach of the contract
terms which would lead to action against the Authority by the other
party. In addition such a breach of confidence would be actionable
in law.
With that in mind the following public interest test applies in
respect of the Section 43 exemption and our common law duty of
confidence:
Considerations favouring disclosure
Accountability
When information disclosed relates directly to the efficiency
and effectiveness of the Force and its officers. Disclosure of the
negotiating factors around the awarding of a contract will enable
the public to have confidence in the Authorities ability to achieve
terms that would eventually be beneficial to the tax payer.
Public awareness and debate
Where the service would benefit from public participation and
debate. Knowledge of all the issues surrounding the provisions of
services by outside parties and organisations to the Force would
enhance any public debate over the decisions taken into the
allocation of resources.
Public finances
Where public funds are being spent there is public interest in
accountability and justification. Disclosure of the contract and
the pricing structures would enable transparency.
Considerations favouring non-disclosure
Interests of third parties
Where individuals or third parties interest might be jeopardised
by the release of information which relates to sensitive commercial
information held about financial and contractual issues
Tortuous duty
In circumstances where the Force is under a legal obligation to
maintain confidences, it would not be in the public interest to
release this information if in so doing it would leave the Force
vulnerable to civil proceedings.
Balancing Test
When deciding where the public interest lies we have to take
into consideration valid arguments both for and against disclosure.
In this case the strongest factor in favour of disclosure is
accountability whereas both the interest of third parties and the
Authorities duty do impose certain legally enforceable obligations
on the Authority. How therefore would the public interest be served
in ignoring those obligations. In our view it plainly wouldn't and
there would be no community benefit in placing the Authority in a
position that would subject it to litigation. Therefore on balance
in all the circumstances of the case, the public interest in
maintaining the exemptions outweighs the public interest in
disclosing the information.
Question 2
This information is reasonably accessible to you elsewhere and
is therefore exempt information in accordance with Section 21.
Please see the following web site where all contract information is
available;
Procurement
Database
Question 3
There is no information held
Question 4
There is no information held
Please note; The Freedom of Information Act
requires the Authority to supply copies of recorded information in
response to requests made under the Act. The Authority is not
required to answer question. However it sometimes appears that
questions can be answered by supplying recorded information and
where that is possible we will do so. In relation to questions 3
& 4 that is not the case.
The Authority does however try to advise and assist in line with
it s duty under Section 16 and to that end and we can advise that
there is no statutory requirement governing the qualification for
interpreters providing services in respect of detainees in police
custody in England & Wales.
The requirements of the Police and Criminal Evidence Act
1984,The Police and Criminal Evidence Act 1984 (Codes of Practice)
Order 2008 and the National Agreement, issued by the Office for
Criminal Justice Reform sets out the steps that should be taken by
the police to obtain the services of an interpreter. The
Constabulary complies fully with The Police and Criminal Evidence
Act 1984 and the said Agreement is followed by the Constabulary's
contractor. Custody staff check that the identity of the
interpreter arriving to provide such services on each occasion.
Complaints can be addressed to Head of Central Custody,
Middlewich (Eastern) Custody Centre, Pochin Way, Middlewich, CW10
0GY.