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AWE Investigation

Date released
5 February 2021
Request number
202012055
Release of information under
Freedom of Information Act 2000

Information requested

It has been brought to my attention that the below investigation has now been completed and legal proceedings concluded.

Given that the conclusion of the report were withheld as they may influence legal proceedings and those proceedings are now complete, can I please request the investigation report?

Information released

I confirm that under Section 1 of the FOIA, we hold the information related to your request. Please find attached ‘AWE – Near Miss Investigation Report (ONR-INV-19-001)’.

Some information has been withheld because it contains personal data. This includes names, initials, identifying job titles, and gender pronouns. 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 the investigation or report ownership.

As we set out in our earlier response to you on 7 January 2021 (our unique reference: 2021/2057), 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.

Exemptions applied

Section 24, Section 40(2)

PIT (Public Interest Test) if applicable

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; 
  • AWE is responsible for the design, manufacture and support of warheads for the United Kingdom’s nuclear weapons. Publishing photographs of building locations within the Atomic Weapons Establishment (AWE) would therefore not be in the public interest as it would disclose information on access to AWE, and therefore make the site more vulnerable to a national security threat;
  • 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.

Conclusion

After careful consideration of the factors set out above, ONR has concluded that the information relating to building numbers and locations should be withheld. There is a strong public interest in safeguarding national security. Therefore, it is our judgement that disclosure of the information requested relevant to building numbers and locations would not be in the public interest.