The PSNI has confirmed the legal advice which led to a switch in position around the provision of explosives escorts to the mining industry and the writing-off of previously billed costs for this was provided “independently through the Crown Solicitor’s Office”.

It was also confirmed that the decision was taken “partly because of the prevailing terrorist threat level”.

Fermanagh and Omagh District Council has been seeking answers as to who knew of the change in position, but no government authority or agency appears to know anything – with the exception of the PSNI itself – prompting concerns, given the vast budgetary implications.

The PSNI previously confirmed the write-off of £437,000 costs for explosives escorts to a mining company, with members told it was “a policy change … following legal advice”.

It also emerged future provision was under consideration with a view to providing this free.

A Freedom of Information request however established no such policy ever existed.

The PSNI were asked to clarify the source of the legal advice, to which Chief Superintendent Sam Donaldson said: “Having established the services police provide to mining companies in their use of explosives cannot be classed as ‘special police services’, the PSNI will not seek costs.

“A strategic review of how we manage our approach to the mining industry has been completed and submitted to senior management on May 13.

“The contents are currently being considered, and will be formally discussed in coming weeks.”

He continued: “The legal advice was provided independently through the Crown Solicitor’s Office and is broadly that the provision of such services to the mining and quarrying industries is necessary, partly because of the prevailing terrorist threat level in Northern Ireland, and also due to our statutory legal obligations around how explosives are managed.

“This being so, these services are considered to be security-related rather than ‘special police services’, which are chargeable for some commercial activities.”

The controversial move has split the Council Chamber, between those opposed to this use of public money, and others who believe it’s justified.

Previously, numerous government departments and authorities have indicated little to no knowledge of the PSNI shift in position.

The Policing Board confirmed having an oversight role, and reviews PSNI policy around charging for services. It held “no information in relation to costs for escorting explosives”.

While the Minister for Justice, Naomi Long, advised the Council her Department does not hold any information on explosives escorting costs, she added: “The supervision of civil explosives is an operational matter for the PSNI.”

In later correspondence, she said: “The security of explosives is a reserved matter under the Northern Ireland Act 1998, and any change in legislation would be a matter for the Secretary of State.”

However, when contacted, the Northern Ireland Office (NIO) were asked when the Secretary of State became aware the PSNI never had an explosives escorts policy, and should the completed review recommend the current position, will costs be met within existing budgets or from separate funding streams?

In response, a spokesperson replied: “This is a matter for the PSNI, rather than the NIO.”

When advised it was the Minister for Justice who indicated the Secretary of State’s role, there was no further response.

During a meeting of last month’s Policy and Resources Committee, Council members agreed to write to the Minister, asking if she has established who made the decision to change the position, and what consultation took place.

Correspondence has also been sent to the Secretary of State detailing how: “The corporate organisations intent on ripping up our resources, should be forced to pay, not the public purse.”

Additionally, as the strategic review was due almost three months ago, the PSNI is to be asked when it will be available.