Request for the number of times the OPCC have challenged the Forces implementation of the Coronavirus Act
Reference: 20002
Date Added: Friday, April 24, 2020
Category:
Disclosure Details
Question
As part of my FOIA request please could you tell me the following:-
- Between 23rd March 2020 and 15th April 2020, how many times has the office of the Gwent Police and Crime Commissioner (either the Commissioner himself or his staff) challenged Gwent Police, or sought clarification from Gwent Police on Gwent Police’s interpretation and implementation of the “Coronavirus Act 2020”.
- Between 23rd March 2020 and 15th April 2020, on how many occasions has the office of the Gwent Police and Crime Commissioner (either the Commissioner himself or his staff) challenged Gwent Police for interpreting the movement of certain groups of people as “non-essential” travel when UK Government advice stated that such movement was permissible, (For example, Gwent Police tweeting that window cleaning wasn’t classed as essential travel when UK government advice specifically stated that tradespeople could continue to work).
Answer
Two duties are placed on public authorities under Section 1 of the Freedom of Information Act 2000 (FOIA). Notwithstanding applicable exemptions, the first duty at, Section 1(1) (a), is to confirm or deny whether the information specified in a request is held. The second duty at, Section1 (1) (b), is to disclose information that has been confirmed as being held. Under the provisions of those sections of the FOIA, we can confirm that the information you seek is not held by the Office of the Police and Crime Commissioner (OPCC) for Gwent.
Please find responses below:
1 - Between 23rd March 2020 and 15th April 2020, how many times has the office of the Gwent Police and Crime Commissioner (either the Commissioner himself or his staff) challenged Gwent Police, or sought clarification from Gwent Police on Gwent Police’s interpretation and implementation of the “Coronavirus Act 2020”.
No information held
2- Between 23rd March 2020 and 15th April 2020, on how many occasions has the office of the Gwent Police and Crime Commissioner (either the Commissioner himself or his staff) challenged Gwent Police for interpreting the movement of certain groups of people as “non-essential” travel when UK Government advice stated that such movement was permissible, (For example, Gwent Police tweeting that window cleaning wasn’t classed as essential travel when UK government advice specifically stated that tradespeople could continue to work).
No information held
The Freedom of Information Act gives you the right to access recorded information held by the OPCC, provided there are no exemptions that apply to the disclosure of the data. Although we hold no information on the number of times the PCC or his staff have challenged Gwent Police’s interpretation of the legislation and its enforcement, he and his staff are in meetings with Gwent Police 7 days a week where discussions take place on these very matters. The OPCC has sent specific concerns raised by members of the public to Gwent Police for review when appropriate. It is acknowledged that national guidance and advice have altered a number of times during recent weeks due to some of the legislation being open to interpretation and Officers and staff are making every effort to keep up with those changes in the same way as members of the public are. It is also worth noting that Gwent Police are following guidance by Welsh Government and the National Police Chief Council on how the legislation is enforced. We are confident that, overwhelmingly, Gwent Police has encouraged members of the public to abide by the legislation rather than enforcing it with safety being of the utmost concern.
The Freedom of Information Act is a public disclosure regime, not a private regime. Any information disclosed under the Act is thereafter deemed to be in the public domain, and therefore freely available to the general public and will be published on the OPCC website.
I hope this information is satisfactory to your request however, should you feel dissatisfied with this response or the way in which your request was handled, information on the Office of the Police and Crime Commissioner for Gwent FOI Appeals Procedure can be found on our website: www.gwent.pcc.police.uk/en/transparency/know-your-rights/your-information-rights/freedom-of-information/appeals-process/