Middlewich Breach of Shropshire Union Canal -post breach reports (second Request)

Gwrthodwyd y cais gan Canal & River Trust.

Dear Canal & River Trust,

I refer to -

1. Decision Notice FER0826753 dated 26 September 2019

2. My information request dated 13 November 2018 which can be found at - https://www.whatdotheyknow.com/request/m...

3. An information request made by Harry Random dated 18 August 2018 -
https://www.whatdotheyknow.com/request/i...

The decision notice (para 2) states -
The Commissioner’s decision is that the CRT did not hold the information falling within the scope of the request at the time it was requested and therefore considers that Regulation 12(4)(a) applies.

However, your response to Mr Random on 2 October 2018 categorically confirms that you held two reports I requested. Specifically, you stated -

The survey and investigation reports are currently in draft form and are exempt from disclosure under Regulation 12(4)(d) which covers material that is still being completed, unfinished documents including draft documents.

Mr Random goes on to complain on 2 October 2018 -

I cannot accept that the survey and investigation reports are in "draft" form, and its farcical to believe that the C&RT would start work which will cost in the region of £2m or £3m based on survey and investigation reports which were only in draft form.

In view of the above, I have taken the Information Commissioner's advice on how to proceed. She advises that I either make an appeal to the first level tribunal or make the request again.

I have chosen to make the request again due to shorter timescale.

Please provide me with the two reports that you have already confirmed you hold -

- survey report.

- Investigation report.

Please also provide me with any further post breech report held.

Yours faithfully,

Freddy Brown

Information Request, Canal & River Trust

1 Atodiad

Dear Mr Brown,

 

Thank you for contacting the Canal & River Trust with your enquiry. We are
currently looking into this and shall get back to you as soon as
possible. 

 

Kind regards,

 

Frazer Halcrow

Commercial & Information Lawyer

 

T 01908 351962     M 07584 115258     Ext 1162

 

E [1][email address]

 

W [2]canalrivertrust.org.uk

 

Canal & River Trust

First Floor North, Station House, 500 Elder Gate, Milton Keynes, MK9 1BB

 

 

The contents of this email and any attachment(s) are confidential, may be
legally privileged, and are intended solely for the person to whom it is
addressed. If you have received this email in error, please do not read,
copy, distribute, discuss or take any action in reliance on it. Instead,
please immediately delete it from your system. It would also be
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otherwise check this email and any attachment(s).

 

 

 

 

dangos adrannau a ddyfynnir

Information Request, Canal & River Trust

2 Atodiad

Dear Mr Brown,

 

Thank you for your request of 27^th September.

 

The Trust considers the information you have requested to fall within the
definition of environmental information as outlined in Regulation 2(1) of
the Environmental Information Regulations 2004. It is therefore exempt
from the provisions of the Freedom of Information Act 2000 (FOIA) in
accordance with Section 39(1) of the FOIA. On this basis the Trust has
dealt with your request in accordance with the Environmental Information
Regulations 2004.

 

You requested the following: -

 

Please provide me with the two reports that you have already confirmed you
hold -

 

- survey report.

 

- Investigation report.

 

Please also provide me with any further post breech report held.

 

I can confirm that the Trust does not hold the engineer’s survey report
which you refer to in your request.

 

Please see attached the finalised investigation report.

 

The Trust has redacted information contained in this report under the
following two exceptions: -

 

 1. Regulation 12(5)(a) - on the basis that disclosure would adversely
affect national security and public safety. The Trust has considered
the public interest test in relation to the application of this
exception.

 

The factors in favour of withholding the information are that during the
current heightened status of threat to national security, there is a high
level of public interest in not releasing information that would result in
a threat to public safety. If the Trust were to release copies of this
report, which were not redacted, it would be releasing key details of the
infrastructure and potential vulnerabilities to the Middlewich Branch of
the Shropshire Union Canal which is a major water-retaining structure.
This would prejudice the protection and safety of the public through
potential damage or disruption to the national infrastructure by acts of
sabotage. The potential impact on national security cannot be ignored
either; the UK National Threat Level has been set at “severe” for quite
some time, meaning a threat is likely. The withheld information does
reveal a greater level of detail about national infrastructure than is
currently publicly available and it cannot be dismissed that this
information could be of use to individuals wanting to commit acts of
terrorism by targeting this waterway. 

 

The factors in favour of disclosure are that there is a general
presumption of openness and a need to promote accountability and
transparency, taking into account the public interest in this incident and
the waterways. We have considered the contribution that the release would
make to public debate and have sought to release as much information as
possible in order to allow the public to engage in debate.

 

While there are arguments for disclosure in this case, the information
would only likely be of interest to certain groups and individuals and not
to the wider public. Likewise, once information is in the public domain
the recipient can share the information without restriction with any other
person and can combine the disclosed information with other sources of
information which may lead to unintended consequences from the release of
this information. The Trust has therefore determined that the factors in
favour of withholding the information outweigh the public interest factors
in disclosing the information.  

 

 2. Regulation 13(1) - on the basis that some of the information requested
is personal information and its disclosure would contravene the first
data protection principle of the Data Protection Act 2018.

 

I can confirm the Trust does not hold any further post breach report.

 

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 this email and should be sent
by email to [1][email address] or by post to
Information Officer, Legal Department, Canal & River Trust, First Floor
North, Station House, 500 Elder Gate, Milton Keynes, MK9 1BB. You are also
able to contact the Information Commissioner by telephoning 0303 123 1113
although please note they would usually expect you to have gone through
our internal review procedure before contacting them.

 

Kind regards,

 

Frazer Halcrow

Commercial & Information Lawyer

 

T 01908 351962     M 07584 115258     Ext 1162

 

E [2][email address]

 

W [3]canalrivertrust.org.uk

 

Canal & River Trust

First Floor North, Station House, 500 Elder Gate, Milton Keynes, MK9 1BB

 

 

The contents of this email and any attachment(s) are confidential, may be
legally privileged, and are intended solely for the person to whom it is
addressed. If you have received this email in error, please do not read,
copy, distribute, discuss or take any action in reliance on it. Instead,
please immediately delete it from your system. It would also be
appreciated if you would immediately notify the sender by replying to this
email. Please note that neither Canal & River Trust nor the sender accepts
any responsibility for viruses and it is your responsibility to scan or
otherwise check this email and any attachment(s).

 

 

 

 

dangos adrannau a ddyfynnir

Dear Canal & River Trust,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Canal & River Trust's handling of my FOI request 'Middlewich Breach of Shropshire Union Canal -post breach reports (second Request)'.

In my request, I mentioned a previous request made by a Mr Random on 2 October 2018.
Your response to that request indicated that you had two or more reports. You also stated -

Our investigation into the breach confirmed that the breach was caused by all four paddles being left open at Stanthorn Lock, this caused a large surge of water which exceeded the capacity of the storm weir, resulting in the canal level rising and overtopping near the aqueduct. We have water level monitoring data which proves this.

May I ask the reviewing manager to -

(a) Provide all the reports requested.

(b) Bearing in mind the low risk to the public or national infrastructure, as confirmed by your 2010 Inspection Report, state why you believe national security and public safety would be adversely affected.

(c) Explain why you do not believe your statement to Mr Random does not adversely affect national security and public safety.

(4) Provide me with with the name of the person or persons who approved this report.

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/m...

Yours faithfully,

Freddy Brown

Information Request, Canal & River Trust

Dear Mr Brown,

Thank you for your email requesting an internal review of the Trust response to your request concerning the Middlewich breach of the Shropshire Union Canal.

A response shall be issued within 20 working days of your request.

Kind regards,

Frazer Halcrow
Commercial & Information Lawyer

T 01908 351962 M 07584 115258 Ext 1162

E [email address]

W canalrivertrust.org.uk

Canal & River Trust
First Floor North, Station House, 500 Elder Gate, Milton Keynes, MK9 1BB

The contents of this email and any attachment(s) are confidential, may be legally privileged, and are intended solely for the person to whom it is addressed. If you have received this email in error, please do not read, copy, distribute, discuss or take any action in reliance on it. Instead, please immediately delete it from your system. It would also be appreciated if you would immediately notify the sender by replying to this email. Please note that neither Canal & River Trust nor the sender accepts any responsibility for viruses and it is your responsibility to scan or otherwise check this email and any attachment(s).

dangos adrannau a ddyfynnir

Information Request, Canal & River Trust

1 Atodiad

Dear Mr Brown,

Please the see attached on behalf of Tom Deards in regards to your internal review request.

Kind Regards
Hannah Mobberley

Hannah Mobberley
Information Officer
Legal & Governance Services
T: 07342023642

Canal & River Trust
Canal and River Trust, Aqua House, 20 Lionel Street, Birmingham, B3 1AQ

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dangos adrannau a ddyfynnir