- Date released
- 20 March 2020
- Request number
- 202002075
- Release of information under
- Freedom of Information Act 2000
Information requested
Please provide me with copies of the following documents which relate to flood risks at the nuclear licensed sites operated by Rolls-Royce Submarines Ltd at Raynesway, Derby:
- A copy of the most recent submission to ONR on the licensee's arrangements for addressing flood risks at the Raynesway site.
- ONR's response to this submission.
- The most recently prepared flood protection study for the site which is held by ONR, including the implementation timetable for flood protection arrangements.
Information released
I confirm that under Section 1 of the FOIA, that we hold the information related to your request.
However we are withholding the information under Section 24 of the FOIA (Safeguarding national security; ICO guidance)
Section 24 sets out the exemption from the right to know where the information requested is required for the purposes of safeguarding national security. It works to protect national security, which includes protection of potential targets. It allows a public authority not to disclose information if it considers releasing the information would make the UK or its citizens more vulnerable to a national security threat.
The following types of information relevant to your request and which engage the exemption set out in Section 24 FOIA include:
• Security of Nuclear Material and Facilities;
• Safety Cases and Other Safety or Environmental Information;
• Contingency and Emergency Plans & Exercises.
As this is a qualified exemption, we are required to balance the public interest between disclosure and non-disclosure. We have therefore applied the Public Interest Test, as set out below:
Section 24 FOIA – Safeguarding national security
Factors for release:
- Use of the exemption provides no further information to the public and represents a frustration of ONR’s policy of openness and transparency.
- Issues related to the nuclear industry are subject to close scrutiny and debate, there is a public interest in information related to nuclear activities and the release of such information. The information may provide reassurance to the public about the safety of nuclear sites. It may also facilitate the accountability and transparency of ONR for decisions taken by them as a regulator and enforcing authority of the nuclear industry.
Factors against release:
- Information that relates to the purposes of safeguarding national security and which may be of use to terrorists and other hostile actors is exempt from disclosure. The specific details of these events could provide an adversary with information that enables them to develop intelligence which may help them defeat security arrangements.
- Paragraph 13 of Section 24(1) makes it clear that there need be no evidence that an attack is imminent for this exemption to be applied.
- Adversaries or hostile actors can be highly motivated and may go to great lengths to gather separate pieces of intelligence to attempt to expose vulnerabilities.
Conclusion
After careful consideration of the factors set out above, ONR has concluded that the information should be withheld. On balance, the interests of national security outweigh the need for openness in terms of the specific information that you have requested. There is a strong public interest in safeguarding national security. Therefore, it is our judgement that publication of the information requested would not be in the public interest.
For information on how we regulate our sites, including consideration of meteorological and flooding hazards, please see our website .
Exemptions applied
Section 1 and 24.
PIT (Public Interest Test) if applicable
Yes, please see above.