- Date released
- 27 April 2022
- Request number
-
202202057
- Release of information under
- Freedom of Information Act 2000 (FOIA)
Information requested
Please can you provide me with any reports generated as a result of this incident referenced in the Q3-4 site report for the Devonshire Dock Complex, Barrow:
- An incident report was generated by BAE in relation to Astute Boat 5 launch. BAESML followed their arrangements and investigated this incident providing ONR with a follow-up report. The Site Inspector was content with the outcome of this investigation and the actions being implemented and no further regulatory follow-up was identified.
Information released
We confirm that under Section 1 of the FOIA, we have identified three documents relevant to your request:
- ONR Incident Notification Form.
- Contact Record of a meeting between BAESML and ONR.
- Presentation from the meeting between BAESML and ONR.
However, we are withholding this information under the following exemptions of the FOIA.
Exemptions applied
24, 26, 40, 43
PIT (Public Interest Test) if applicable
Section 40 – Personal information
Some of the information has been withheld as it is personal data. This consists of an email address, along with several names and job titles. Release of each of this type of information could identify the individual either directly or indirectly. The personal data has been withheld using the exemption Section 40(2) of the FOIA.
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 document control.
This is an absolute exemption and so does not require the public interest test.
Qualified exemptions
In our previous response to you dated 28 March 2022, we set out that we were considering the public interest test in relation to the following exemptions of the FOIA that we believe are engaged:
Section 24 – Safeguarding national security
- Section 24(1) 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 Astute class submarine contains many technological firsts unique to BAESML. The disclosure of this information would, or would be likely to, prejudice the UK's national security given its potential to be used in a way that could undermine confidence in a key strategic national defence programme;
- 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;
- Disclosing information about a submarine launch could provide an adversary with information that enables them to develop intelligence which may help in the planning of malicious attacks and 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.
Section 26 – Defence
- Section 26(1)(b) provides an exemption for information if its disclosure would, or would be likely to, prejudice the capability of, effectiveness or security of any relevant forces;
- The disclosure of this information would, or would be likely to, prejudice the UK's defence given its potential to be used in a way that could undermine confidence in a key strategic national defence programme;
- The timing of which could adversely affect our defence interests and/or foreign policy interests and, due to current international conflicts, could assist a potential enemy by detracting from the conflict and the UK's key role within the international community's response.
Section 43 – Commercial interests
- Section 43(2) exempts information whose disclosure would, or would be likely to, prejudice the commercial interests of any person (an individual, a company, the public authority itself or any other legal entity);
- The Astute class submarine contains many technological firsts unique to BAESML. Disclosure of information relating to the Astute class submarines would prejudice BAESML’s commercial interests;
- There is sufficient detail and technical information contained within the reports that is not in the public domain, which would likely be utilised in such a way as to cause a real and significant detrimental impact to BAESML's commercial interests.
Public Interest Test
As these are qualified exemptions, 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.
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;
- We recognise that there is considerable public interest relating to incidents reported to ONR. This information 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, defence and commercial interests. Therefore, it is our judgement that publication of the information requested would not be in the public interest;
- The Astute class submarine contains many technological firsts unique to BAESML;
- No safety consequences arose as a result of this incident;
- The potential for significant consequences was minimal;
- ONR found the investigation report produced by BAESML for this incident to be thorough and of good quality;
- This incident did not meet ONR’s investigation criteria on safety significance.