Thank you for your communication of 28 March 2019, and the four attachments.
Upon reviewing attachments, I am obliged to make a following request.
We have undertaken a further search of records held and offer the following information in answer to your questions. For ease, I have numbered your questions 1-5.
With reference to your document 2 question. The transcript summary provided in ONR’s original response dated 28 March 2019 is as recorded in ONR’s archived file. It was not prepared in response to your original request.
With reference to your document 3a question. ONR does not hold the Blue, Red, Green, Yellow files or audio and video tapes listed in the evidence. However, the further search ONR has undertaken has located the ‘trial-sentencing transcript (Mold crown court reference T95/0026)’ which we include in this response and trust will assist you.
Some information in the ‘trial-sentencing transcript (Mold crown court reference T95/0026)’ document has been redacted because it contains personal data. The personal data has been withheld using the exemption section 40 (Personal information) of the FOIA. The exemption allows public authorities to protect personal information. This is an absolute exemption so does not require a Public Interest Test. Please refer to the Information Commissioner’s Office website for full details.
With reference to your document 3b question. The document provided in ONR’s original response is as recorded in ONR’s archived file. It was not prepared in response to your original request.
With reference to your question about the redactions. The section 40 FOIA exemption was not pursuant to the Court’s ruling at the time (given that FOIA did not exist in 1993). However, it is appropriate for us to rely on the s40 exemption for prosecution documents, including historical proceedings. The information contains personal data of someone else and disclosure would contravene the data protection principles. Please refer to the Information Commissioner’s Office website for full details.
With reference to your question about which breach was upheld or what the Court ruled on each count. The ‘trial-sentencing transcript (Mold crown court reference T95/0026)’ which we have included in this response provides further details.
However, the charges to which Nuclear Electric pleaded guilty to being in breach of were:
For further details regarding the Health and Safety at Work etc Act 1974, Section 2 please refer to http://www.legislation.gov.uk/ukpga/1974/37/part/II and for further details regarding the site licence conditions please refer to the site licence condition handbook .
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