Dear Mr Taylor

RE: FREEDOM OF INFORMATION REQUEST

Thank you for your email of 18 November where you requested information on reports made under Regulation 10 of the Nuclear Industries Security Regulations (NISR) 2003, for the time period from April 2008 to present.

As you will know under Regulation 10 reports need to made if a particular incident or occurrence has taken place and which could affect the security of nuclear premises. I can confirm that the Department holds this information. However, we consider that this information is exempt under section 24 of the Freedom of Information Act, and cannot be disclosed for the purposes of safeguarding national security.

In applying this exemption we have had to balance the public interest in withholding the information against the public interest in disclosing the information. The Department has considered all relevant factors, especially the subject matter of the request and the consequences of disclosure. Although there is a public interest in Government being open about such matters, it is, in our view, outweighed by the public interest in ensuring that this information is not released, as it might indicate areas of vulnerability; would confirm some security measures; and could be of use to terrorists.

In addition, it is in the public interest that operators (of licensed civil nuclear sites) are encouraged to report security concerns and incidents openly and fully to the UK civil nuclear security regulator, the Office for Civil Nuclear Security (`OCNS'). Publication of these details might inhibit such openness.

One of the matters we have considered in reaching our view that the request should not be acceded to is the guidance provided by the Health and Safety Executive (HSE) titled "Finding a Balance: Guidance on the sensitivity of nuclear and related information and its disclosure". OCNS is of course part of the HSE. The objective of this document, which was produced with the full involvement of the Information Commissioner, is to prevent the disclosure of sensitive nuclear information that could assist a person or group planning theft, blackmail, sabotage and other malevolent or illegal acts. It identifies categories of information which should not be disclosed, provides reasons for protecting this information and indicates the appropriate protective marking to be afforded to such information.

Section 3, topic 0103, of the Finding a Balance guidance advises: “Reports from security surveys, inspections and assessments and other reports on the physical security or technical security measures employed on a nuclear site” are “not releasable” as: “Access to these reports can provide persons with malevolent intent with detail on the location of nuclear materials, the measures taken to protect them and any assessed vulnerabilities there may be.”

I can assure you that security measures are kept under constant review and, particularly following any notified occurrence, operational or administrative procedures are reviewed where appropriate to ensure that the stringent requirements of NISR remain adequately robust.

If you are dissatisfied with the handling of your request, you have the right to ask for an internal review. Internal review requests should be submitted within two months of the date of receipt of the response to your original letter and should be addressed to: Richard Binder - at the address at the top of this letter.

Please remember to quote the reference number above in any future communications.

If you are not content with the outcome of the internal review, you have the right to apply directly to the Information Commissioner for a decision. The Information Commissioner can be contacted at: Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF.

Yours sincerely,

Joanne Howes

Nuclear Security Policy