- Date released
- 3 February 2022
- Request number
-
202112037
- Release of information under
- Freedom of Information Act 2000 (FOIA)
Information requested
Please could you disclose all data around the incident on October 22nd 2021 that involved a fire at a building associated with the Magnox Plant.
This incident is referenced here: Sellafield Ltd incident reports and notices.
Please could this request include disclosure of such data - including but but limited to - the nature of the fire, how many firefighters dealt with the incident, how long it took to get the fire under control and the effects of this fire on the operation of the Magnox Plant and the storage of material.
Information released
We confirm that under Section 1 of the FOIA, we hold the information relevant to your request.
Please find attached 14 documents which were in scope of your request.
Some information has been withheld because it contains personal data. This includes names, job titles, and contact details. The personal data has been withheld using the exemption section 40(2) of the FOIA. In particular, release of the information would breach principle (a) of GDPR (lawfulness, fairness and transparency) on the grounds that there is no lawful basis to process this data. In addition, releasing this personal data would also breach principle (b) of GDPR (purpose limitation) as the data was provided for the purposes of internal circulation or to assist with the subsequent investigation after the event.
As we set out in our earlier response to you on 6 January 2022 (our unique reference: 2021/92307), we have also considered the following exemption of the FOIA to this document.
Some information is being withheld under the following sections of the FOIA:
Section 24 FOIA; Safeguarding national security (ICO Guidance)
This exemption applies where withholding 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.
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 disclosure:
- ONR is committed to being an open and transparent regulator. We will use openness and transparency to achieve our objective of developing and maintaining stakeholder trust in ONR as an effective independent regulator.
- 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 disclosure:
- There is a strong public interest in safeguarding national security. Disclosure of information on nuclear security may compromise national security by revealing locations and building information on nuclear facilities to individuals who may be involved in terrorism, and may assist them in carrying out threats or attacks against ONR’s dutyholders and the nuclear industry;
- 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;
- 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.
Exemptions applied
Section 40(2) and Section 24 FOIA.
PIT (Public Interest Test) if applicable
Yes please see above.