In accordance with section 1(1) (b) of the Act our
response is provided below;
I have now considered you request and I am not obliged
to provide the majority of the information requested.
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.
The following exemptions apply
Section 21 Information reasonably accessible by other
means.
Section 43 (2) Commercial Interests
Section 41(1) (a) (b) Information provided in
confidence.
In so far as section 21 is concerned the information
relating to a certain proportion of your request has already been
published and can be found on our web site. I will indicate for
each of your questions where the information can be found or in
respect of your questions 2, in part, 5 & 6 include the
information with this response.
Questions 1, 4 and 7. Please see the following pages
on our web site: Interpretation and
Translation
Questions 2, in part, 3 and 8 in part, Please see the
disclosure log on our web site and the following web page;
Previous Disclosures Interpreters and Translaters
Disclosures dated 20 July 2009 and 7 August 2009 are
the relevant entries.
Questions 2 in part and 3, 5 & 6 Please see
Interpreters
Qualifications Jan 2010 - March 2010
Interpreters
Qualifications Apr 2009 - Dec 2009
Questions 8, in part and 9. Section 43 Commercial
interests.
and Section 41 Information provided in confidence
(this is an absolute exemption).
This has been given before but I see no harm in
reiterating it here.
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.