NFRS 2024 68 - Replacement mobilisation system

You asked for

I have a follow up question in regard to a request with reference: NFRS FOI 56/2024. Looking at the End Date of the request it makes me think that you probably have procured a new solution to replace the Systel solution?

Coud you please provide:

1. Contract Supplier
2. Contract Start Date
3. Contract End Date
4. Total contract value for the new contract for MDT Software?

Our Response

Answer: - The information is deemed exempt by virtue of section 22 (information intended for future publication) of the Freedom of Information Act 2000.

22.Information intended for future publication.

1. Information is exempt information if—
   1. the information is held by the public authority with a view to its publication, by the authority or any other person, at some future date (whether determined or not),
   2. the information was already held with a view to such publication at the time when the request for information was made, and
   3. it is reasonable in all the circumstances that the information should be with heldf rom disclosure until the date referred to in paragraph (a).
2. The duty to confirm or deny does not arise if, or to the extent that, compliance with section 1(1)(a) would involve the disclosure of any information (whether or not alreadyrecorded) which falls within subsection (1).

Section 22 of the Freedom of Information Act 2000 is categorised as a Qualified and Class Based type exemption and therefore does requires a public interest test be carried out but does not require Nottinghamshire Fire and Rescue Service articulate the harm in disclosure.

Public Interest Test

In favour of disclosure: Nottinghamshire Fire and Rescue Service acknowledges that disclosure would help it demonstrate its commitment to the principle of accountability and transparency as well as empowering individuals to analyse and question that the service is using public money wisely. Bringing greater scrutiny to decision-making activities of the public service.

In favour of non-disclosure: The requested information is routinely published at Procurement and Resources. The contract between Saab UK, Nottinghamshire Fire & Rescue Service and Derbyshire Fire & Rescue Service is expected to be in place by October 2025, replacing the current system which was part of a tri-service agreement with Leicestershire Fire & Rescue Service dating back to 2015.

There is no pressing public interest in disclosing the withheld information early and before it has been fully completed. There is a stronger public interest in the information being released in its complete form so as to aid the public's understanding to avoid unnecessary questions being raised and to avoid unhelpful speculation and confusion.

Balance of arguments: Nottinghamshire Fire and Rescue Service acknowledges that disclosure would help it demonstrate its commitment to the principle of accountability and transparency. However, It considers that the public interest is best served by maintaining its current practise of submitting its contract data for publication via Procurement and Resources once all the data has been collated and audited for accuracy.

It is believed that responding to individual requests for the information and attending to the consequences of premature disclosure would also unreasonably impact on the public authority’s resources in that it would cause disproportionate diversion.

Having considered all the arguments for and against disclosure, Nottinghamshire Fire and Rescue Service is satisfied that there are stronger public interest arguments in favour of maintaining the exemption than those which favour releasing the withheld information.