Enquiry Reference FOI Dec 07.03
Request for information
1) A copy of the speed data survey carried out on
My answers to the refusal in RED and BLUE
The Freedom of Information Act (FOIA) is designed to give a general access to information to the public and releases information into the public domain. However, the FOIA makes provision for withholding information that is crucial to maintaining the core activities of a public authority.
Information will not be released if it will affect the ability of the organisation in question to undertake its key functions. Or information that embarrasses the organisation.
Some exemptions are ‘absolute’ and no release is required under Freedom of Information legislation. Other exemptions are ‘qualified’ and we must undertake a public interest test to decide if disclosure should be made.
In the case of your request qualified exemptions apply and therefore a public interest test has been completed.
The exemption(s) being applied:
FOIA Section 31: Law Enforcement - a qualified and prejudice based exemption.
FOIA Section 38: Health & Safety – a qualified and prejudice based exemption
Harm Test
The information requested has been obtained for the purposes of assessing a site of community concern for safety camera enforcement. Whilst details are placed in the public domain as part of the usual business, to place maximum speeds and individual vehicles speed/times, patterns of speeding have been assessed to be operational information which could compromise law enforcement and the safety of the public. It has been shown that members of the public focus on the maximum speed which could be just one vehicle – possibly Police or other emergency response vehicle.
Yes the release of full speed data would be a huge embarrassment for Arrive Alive and Cllr Colin Bithell.
Release of the maximum and individual vehicle speeds could encourage some members of the public to start their own campaign against drivers who speed/or drivers who are perceived to speed. This could compromise the safety of drivers who are assessed to be exceeding the speed limit and the safety of any person who wishes to challenge speeders, placing those individuals in a position of harm with the potential to cause unrest within the community.
Members of communities start their own campaign's due to the failings of Arrive Alive, County Councillors, North Wales Police and county councils such as Flintshire.
Public Interest Test
Considerations Favouring Disclosure
Accountability
· Accountability of the Safety Camera Partnership to respond to community concern of excessive speed.
Your current response is of little benefit to the huge numbers of vehicles that speed through Chester Rd Penyffordd.
Public Awareness:
· Ensuring public awareness of the issues in relation to vehicles found to be speeding in
You hide behind average statistics which disguise the true scale of the issue such as that in Chester Rd, Penyffordd.
· Reassuring the public that relevant action is taken if excessive speed is shown.
Your reassurance does nothing to residents of Chester Rd and Penyffordd.
Considerations Favouring Non - Disclosure
Efficient and effective conduct of the force
· Speed survey results are already placed in the public domain, however, this does not include maximum speeds nor the speeds of individual vehicles with times.
The full data should be available to any community that asks for it.
· Explanations are given to members of the community as to why a site has been included for safety camera enforcement, or why a site has not been included.
· The release of operational information will potentially have a damaging impact on public confidence and hamper the prevention and detection of crime carried out by the Police and Partnership.
Most certainly it will have a damaging effect on the Arrive Alive Partnership.
· Partnership members’ work together to ensure the best processes are used to protect the public and that all legal requirements are met.
Chester Road, Penyffordd remains a race track for well in excess of a 1000 vehicles a day.
You have been aware of this fact for 24 weeks.Exemption Provisions
The information being withheld is exempt by virtue of:
FOIA Section 31: Law Enforcement - a qualified and prejudice based exemption.
FOIA Section 38: Health & Safety – a qualified and prejudice based exemption
Balancing Test
Information has been released in relation to this request and it is only the details of maximum speeds and individual vehicle speeds/times shown in the survey which have been deliberated under the Public Interest Test.
It is felt that accountability has been achieved via the disclosure already made and actions taken as a result of the speed survey.
Accountability should be full and frank. The actions taken so far have been of very limited benefit to Chester Rd residents.
The actions of the Safety Camera Partnership are already accountable to the Welsh Assembly Government and the Department for Transport, and the provision of this operational information will not provide any further benefit to the public.
Yes it will . It will show the large gap between public perception and what is actually happening in villages similar to Penyffordd in North Wales.
The only benefit to non disclosure of the full information is to the Arrive Alive Partnership.
It disguises the perception of Arrive Alive being successful when in fact as far as Chester Road, Penyffordd is concerned Arrive Alive is not being successful.
The full information requested will therefore not be disclosed.
Below ar good examples of villages calmed.
Villages such as Rossett, Cefn Mawr and Rhos.
Flintshire County Council are wasting the resources of Arrive Alive. They know the scale of the issue. They have plans for a further million or so vehicles to use our village because of a poorly made bypass.
Flintshire County Council are being very mean spirited. They intend to allow Chester Rd to be the 2nd bypass as the current network will not cope. I expect Chief Executive Colin Everett not to go along with this deceit of Penyffordd village which he has inherited.
I intend to pursue this issue until it is fully satisfied.
We do have some good councillors amongst the very dead wood.
Compulsory 20 mpg for village centres and route to schools will also be campaigned for.
My non county councillor status should not be an issue.
It's the message not the messenger that is important.
Protests only start when you are ignored.
I notice new corporate manslaughter rules come into force April 2008.
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