Response to uncontrolled escape of gas at Preston New Road fracking site

The request was partially successful.

Dear Lancashire Fire and Rescue Service,

Please advise as to what procedures are in place to alert the local populace in the event of uncontrolled escape of gas from the Cuadrilla fracking site at PNR.

Are there any defined procedures for alerting schools, carehomes, residents and businesses. What procedures are in place to follow for any evacuation.

Has any consideration been made to how and when an evacuation is needed. Aspects such as the amount of gas that has escaped and wind direction would appear to need consideration. Has this been done?

How are they to be alerted? Has any consideration been made to installing hazard alarms in villages and/or installing a telephone alert system?

What mechanisms are in place for safe guarding the populace if there is a well blow out?

What is the procedure to be followed for a well head fire?

Yours faithfully,

richard parker

DP&FOI, Lancashire Fire and Rescue Service

Dear Sir 
 
Freedom of Information Act Request - FOI 861/18
 
Thank you for your email which was received on 15 June 2018, requesting
the following information:
 

* Please advise as to what procedures are in place to alert the local
populace in the event of uncontrolled escape of gas from the Cuadrilla
fracking site at PNR.

 

* Are there any defined procedures for alerting schools, carehomes,
residents and businesses. What procedures are in place to follow for
any evacuation.

 

* Has any consideration been made to how and when an evacuation is
needed. Aspects such as the amount of gas that has escaped and wind
direction would appear to need consideration. Has this been done?

 

* How are they to be alerted? Has any consideration been made to
installing hazard alarms in villages and/or installing a telephone
alert system?

 

* What mechanisms are in place for safe guarding the populace if there
is a well blow out?

 

* What is the procedure to be followed for a well head fire?

 
Your request is being dealt with under the terms of the Freedom of
Information Act 2000 and will be answered as soon as possible and at the
latest within 20 working days, (13 July 2018).
 
In the unlikely event that we are not able to respond within 20 working
days we will write to you to explain why and provide an anticipated
completion date.
 
In line with guidance published by the Information Commissioner’s Office,
LFRS may make a charge for the provision of information – for example in
order to cover the costs of postage (in line with the relevant postal
charges) or charges for printing and copying (which will reflect
photocopying charges levied by public libraries).
 
You will be informed if a fee is to be applied before information is to be
provided.
 
If you have any queries about this request do not hesitate to contact the
Incident Information Officer quoting the reference number given in the
subject line of this acknowledgement.
 
Regards
Corporate Programme and Intelligence
Lancashire Fire and Rescue Service
Email: [1]dp&[email address]
SMOKE ALARMS SAVE LIVES
Call 0800 169 1125 to book a free Home Fire Safety Check.
Visit our website: [2]www.lancsfirerescue.org.uk
Facebook: [3]Lancashire Fire and Rescue Service
Twitter: [4]@LancashireFRS
 

show quoted sections

DP&FOI, Lancashire Fire and Rescue Service

Dear Sir
 
Freedom of Information Act / Environmental Information Regulations Request
- 861/18
 
I am writing further to your request of 14 June 2018 where you requested
the following information:
 

 1. Are there any defined procedures for alerting schools, carehomes,
residents and businesses. What procedures are in place to follow for
any evacuation.

 

 2. Has any consideration been made to how and when an evacuation is
needed. Aspects such as the amount of gas that has escaped and wind
direction would appear to need consideration. Has this been done?

 

 3. How are they to be alerted? Has any consideration been made to
installing hazard alarms in villages and/or installing a telephone
alert system?

 

 4. What mechanisms are in place for safe guarding the populace if there
is a well blow out?

 

 5. What is the procedure to be followed for a well head fire?

 
 
Please find our decision below:
 
In answer to questions one to four above, and in order to be open and
transparent wherever possible Lancashire Fire and Rescue Service (LFRS)
have published an overview of our Emergency Planning and Site Specific
Risk Information Arrangements at the following location:
 
[1]https://www.lancsfirerescue.org.uk/wp-co...
 
LFRS does not work in isolation and would respond to an emergency at this
site in partnership with other Category 1 Responders (as defined in the
Civil Contingencies Act). LFRS is part of the Lancashire Resilience Forum
(LRF). The LRF is not a legally constituted entity, and is formed with
representatives from organisations involved in the planning for and
response to emergencies. It is the LRF that has responsibility for any
off-site risks as envisaged in your first 4 questions.
 
In addition, it should be noted that in relation to schools and care homes
etc., responsibility for these plans lies with the schools and care-homes
themselves, although they can be guided by the LRF. I understand that
Lancashire County Council's Health Safety and Resilience Service (as part
of the LRF) has recently updated the templates and guidance to aid schools
in developing appropriate and effective emergency / contingency plans.
 
With regards to your fifth question, Lancashire Fire and Rescue Service
can confirm that it is holds information to be able to answer your
question; however this letter serves as a Refusal Notice under Regulation
12(1) of the Environmental Information Regulations 2004 and under Section
17 of the Freedom of Information Act 2000.
 
Environmental Information Regulations 2004:
 
Regulation 12(1) says:
 
Exemptions to the duty to disclose environmental information
 
12. – (1) Subject to paragraphs (2), (3) and (9), a public authority may
refuse to disclose environmental information requested if –
 
(a)     An exception to disclosure applies under paragraphs (4) or (5);
and
(b)     In all circumstances of the case, the public interest in
maintaining the exemption outweighs the public interest in disclosing
the       information
 
and under
 
Regulation 14(3) of the Environmental Information Regulations 2004
 
Regulation 14(3) of the Environmental Information Regulation 2004 relates
to refusals to disclose information, and states:
 
(3) The refusal shall specify the reasons not to disclose the information
requested, including(a) any exception relied on under regulations 12(4),
12(5) or 13; and
(b) the matters the public authority considered in reaching its decision
with respect to the public interest under regulation 12(1)(b) or, where
these apply, regulations 13(2)(a)(ii) or 13(3).
 
Under the Environmental Information Act I am required to articulate the
position and the public interest.
 
 
Regulation 12(5)(a) – Adverse effect upon international relations,
defence, national security, or public safety.
 
National Security
 
ICO guidance emphasises there is no definition of national security and
refers to an Information Tribunal Decision (EA/2006/0045) that noted the
following:
 
•       "National security" means the security of the United Kingdom and
its people;
•       The interests of national security are not limited to actions by
an individual which are targeted at the UK, its system of government or
its people;
•       The protection of democracy and the legal and constitutional
systems of the state are part of national security as well as
military      defence;
•       Action against a foreign state may be capable indirectly of
affecting the security of the UK;
•       Reciprocal co-operation between the UK and other states in
combating international terrorism is capable of promoting the United 
Kingdom's national security.
 
 
The national security exemption is based on the effect that disclosure
would have, not on the content or source of the information.
 
As you may be aware, disclosure under EIR is a release to the public at
large. Whilst not questioning the motives of the applicant, releasing any
information held regarding the planning for such incidents, would show
criminals what the plans, capacity, tactical abilities and capabilities of
the fire and rescue service are, allowing them to target specific areas of
the UK to conduct their criminal/terrorist activities. Releasing such
information for specific circumstances, would lead to an increase in harm
of attacks and compromise law enforcement. This would be to the detriment
of providing an efficient emergency response service and a failure in
providing a duty of care to all members of the public.
 
The threat from terrorism cannot be ignored. It is generally recognised
that the international security landscape is increasingly complex and
unpredictable. Since 2006, the UK Government have published the threat
level. The UK continues to face a sustained threat from violent extremists
and terrorists and the current UK threat level is set at ‘severe’. The
recent attacks in Manchester and London, together with the related
security activity in Belgium, France and Spain only serves to emphasise
the reality of such threats.
 
The disclosure of local and national information would limit operational
capabilities as criminals/terrorists would gain a greater understanding of
the emergency service’s capacity, methods and techniques, enabling them to
take steps to counter them. It may also suggest the limitations of
capabilities in this area, which may further encourage terrorist activity
by exposing potential vulnerabilities. This detrimental effect is
increased if the request is made to several different emergency services
and law enforcement agencies. In addition to the local criminal fraternity
now being better informed, those intent on organised crime throughout the
UK will be able to ‘map’ where the use of certain tactics are or are not
deployed or where levels of capability exist. This can be useful
information to those intent on committing crimes. It would have the
likelihood of identifying location-specific operations which would
ultimately compromise response tactics and operations as individuals with
malicious intent could counteract the measures used against them.
 
Any information identifying the focus of emergency response and planning
activity could be used to the advantage of terrorists and/or criminal
organisations. Information that undermines the operational integrity of
these activities will adversely affect public safety and have a negative
impact on both national security and law enforcement.
 
 
Public Interest Considerations
 
Factors favouring release:
 
The public are entitled to know how public funds are spent. Any such
release of information by Lancashire Fire and Rescue Service would allow
the public to gauge the appropriate use of public funds in carrying out
their national security obligations. In addition, it would provide
appropriate transparency and reassurance regarding the level of capability
in Lancashire.
 
This may also enhance public confidence in the fire and rescue service.
This in turn would add to the accuracy of public awareness and debate
whilst providing an insight into the service and enable the public to have
a better understanding of effectiveness of the fire and rescue service and
the use of public resources. It would inform other issues that are
currently the subject of public debate in relation to response
capabilities and improve the quality and accuracy of public debate, which
may otherwise be steeped in rumour and speculation.
 
Factors favouring withholding the information:
 
The strongest reason favouring non-release of this information is the need
to ensure that national security is not placed at risk by enabling those
with criminal intent the opportunity to gain an operational advantage over
the Fire and Rescue Service in respect of disclosing details regarding our
capability to respond to specific incidents.
 
On balance, I find there is a much stronger public interest in non-release
of the information.
 
 
Public Safety
 
If the requested information was provided, this could lead to attacks
being carried out locally or nationally, this is likely to involve
criminal acts and threaten the safety of Fire and Rescue Service staff,
partner agencies and members of the public.
 
Public Interest Considerations
 
Factors favouring release:
 
Provision of this information would lead to better informed public
awareness and debate.
 
Factors favouring withholding the information:
 
Provision of this information would endanger the public safety of any
residents or visitors to the county and would undermine Lancashire Fire
and Rescue Service’s ability to protect the safety and well-being of the
community.
 
Whilst there is a public interest in the transparency of the use of public
funds and the accountability of the Service, there is also a strong public
interest in maintaining confidence in Lancashire Fire and Rescue Service
with regard to national security and protecting the safety and well-being
of citizens.
 
Public safety and the ability to deliver effective emergency planning and
response provision is of paramount importance to the Fire and Rescue
Service. Provision of this information would undoubtedly compromise both
national security and public safety processes.
 
On balance, it is my opinion that there is a much stronger public interest
in non-release of the information.
 
 
Freedom of Information Act:
 
This letter serves as a Refusal Notice under Section 17 of the Freedom of
Information Act 2000.
 
Section 17 of the Act provides:
 
(1)              A public authority which, in relation to any request for
information, is to any extent relying on a claim that information is
exempt     information must, within the time for complying with Section
1(1), give the applicant a notice which:-
(a)        states the fact,
(b)        specifies the exemption in question, and
(c)        states (if that would not otherwise be apparent) why the
exemption applies.
 
 
 
In relation to your request for details regarding the above request,
Lancashire Fire and Rescue Service can Neither Confirm Nor Deny (NCND)
whether the information requested is held as the duty in Section 1(1)(a)
of the Freedom of Information Act 2000 does not apply by virtue of the
following exemptions:
 
Section 24(1) – National Security
Section 31(1) – Law Enforcement
Section 38(1) – Health and Safety
 
 
Section 24(1) - National Security
 
Section 24(1) states:
 
Section 24(1) provides that information is exempt if exemption from
section 1(1)(b) is required for the purposes of safeguarding national
security.
 
•       National security includes more than the security of the UK, its
military defence and its systems of government, it also involves       
co-operation with other states in combating international terrorism and
guarding against actions targeted at other states which  may impact on the
UK and its people.
•       “Required for the purposes of” is interpreted as meaning
reasonably necessary.
•       Although there has to be a real possibility that the disclosure
would undermine national security, the impact does not need to be       
direct or immediate.
 
The exemption is based on the effect that disclosure would have, not on
the content or source of the information.
 
ICO guidance emphasises there is no definition of national security and
refers to an Information Tribunal Decision (EA/2006/0045) that noted the
following:
 
•           "National security" means the security of the United Kingdom
and its people;
•           The interests of national security are not limited to actions
by an individual which are targeted at the UK, its system of   government
or its people;
•           The protection of democracy and the legal and constitutional
systems of the state are part of national security as well as military 
defence;
•           Action against a foreign state may be capable indirectly of
affecting the security of the UK;
•           Reciprocal co-operation between the UK and other states in
combating international terrorism is capable of promoting the United     
Kingdom's national security.
 
Whilst national security is not defined under the Freedom of Information
Act, it does include the security of the United Kingdom and its people.
 
 
Public Interest Considerations
 
Factors favouring release:
 
The public are entitled to know how public funds are spent. In addition,
it would provide appropriate transparency and reassurance regarding the
level of capability in Lancashire.
 
This may also enhance public confidence in the fire and rescue service.
This in turn would add to the accuracy of public awareness and debate
whilst providing an insight into the service and enable the public to have
a better understanding of effectiveness of the fire and rescue service and
the use of public resources. It would inform other issues that are
currently the subject of public debate in relation to response
capabilities and improve the quality and accuracy of public debate, which
may otherwise be steeped in rumour and speculation.
 
Factors favouring withholding the information:
 
The strongest reason favouring non release of the information is to that
national security is not placed at risk by enabling those with criminal
intent the opportunity to gain an operational advantage over the Fire and
Rescue Service in respect of disclosing details regarding capability to
respond to specific incidents.
 
 
Section 31(1) - Law Enforcement
 
Section 31(1) states
 
31.—(1) Information which is not exempt information by virtue of section
30 is exempt information if its disclosure under this Act would, or would
be likely to, prejudice –
 
(a) the prevention or detection of crime,
(b) the apprehension or prosecution of offenders,
(c) the administration of justice,
(d) the assessment or collection of any tax or duty or of
any imposition of a similar nature,
(e) the operation of immigration controls,
(f) the maintenance of security and good order in prisons or in other
institutions where persons are lawfully detained,
(g) the exercise by any public authority of its functions for any of the
purposes specified in subsection (2),
(h) any civil proceedings which are brought by or on behalf of a public
authority and arise out of an investigation conducted, for any purposes
specified in subsection (2), by or on behalf of the authority by virtue of
Her Majesty’s prerogative or by virtue of powers conferred by or under an
enactment, or
(i) any inquiry held under the Fatal Accidents and Sudden Deaths Inquiries
(Scotland) Act 1976 to the extent that the inquiry arises out of an
investigation conducted, for any of the purposes specified in subsection
(2), by or on behalf of the authority by virtue of Her Majesty’s
prerogative or by virtue of powers conferred by or under an enactment.
 
The term ‘law enforcement’ should be interpreted broadly. In the case of
William Thomas Stevenson v the Information Commissioner and North
Lancashire Teaching Primary Care Trust the Upper Tribunal commented that
“it is plain from reading the activities listed in s.31(1) and the
purposes specified in s.31(2), that they include activities and purposes
which go beyond actual law enforcement in the sense of taking civil or
criminal or regulatory proceedings. They include a wide variety of
activities which can be regarded as in aid of or related to the
enforcement of (i) the criminal law, (ii) any regulatory regime
established by statute, (iii) professional and other disciplinary codes,
(iv) standards of fitness and competence for acting as a company director
or other manager of a corporate body (v) aspects of law relating to
charities and their property and (vi) standards of health and safety at
work” (paragraph 75).
 
Public interest considerations
 
Factors favouring release:
 
Providing information relating to the response and planning for such
incidents would provide an insight into the Fire and Rescue Service’s
actions and enable the public to have a better understanding of the
effectiveness of the emergency services. It would show how public funds
are being spent in relation to protection against risk of such incidents
which can be exploited by terrorism and other criminal activity.
 
Some information may already be in the public domain regarding the
response and planning for such incidents and providing further information
would ensure transparency and accountability and enable the public to see
what capability the Fire and Rescue Service has to assist with attending
such incidents.
 
Factors favouring withholding the information:
 
It has been recorded that FOIA releases are monitored by criminals and
terrorists and so releasing information held regarding the planning and
operations of terrorist attacks and tactics would undermined and
compromise law enforcement and it would also hinder any local, regional or
national operations.
 
It can be argued that there are significant risks associated with
providing information in relation to any aspects of terrorism planning and
that any nation's security arrangements, by releasing the information, may
reveal the relative vulnerability of what we may be trying to protect.
 
Lancashire Fire and Rescue Service would not wish to reveal information
that would undermine any law enforcement operations and would impact on
emergency response resources, as more crime would be committed because
terrorists/criminals would know such information, capacity or interest and
individuals would therefore be placed at a greater risk. A fear of crime
would be realised because if the terrorists identified more vulnerable
areas, they would target and exploit these areas and the public would be
in fear of more terrorist or criminal activity occurring. This may lead to
the emergency services needing to increase their resources to reassure and
protect the community.
 
 
Section 38(1) - Health and Safety
 
Section 38(1) states information is exempt information if its disclosure
under this act would, or would be likely to –
 
(a) endanger the physical or mental health of any individual, or
(b) endanger the safety of any individual
 
Evidence of Harm
 
The requested information could lead to attacks being carried out locally
or nationally, is likely to involve criminal acts and threaten the safety
of Fire and Rescue Service staff, partner agencies and members of the
public.
 
Public Interest Considerations
 
Factors favouring release
 
Release of the information is would lead to better informed public
awareness and debate.
 
Factors favouring withholding the info
 
Release of this information would endanger the health and safety of any
residents or visitors to the county would undermine Lancashire Fire and
Rescue Service’s ability to protect the safety and well-being of the
community.
 
 
Balance Test – Sections 24(1), 31(1) & 38(1)
 
Whilst there is a public interest in the transparency of the use of public
funds and the accountability of the Service, there is also a strong public
interest in maintaining confidence in Lancashire Fire and Rescue Service
with regard to national security, law enforcement, protecting the safety
and well-being of citizens.
 
 
If you are unhappy with the information you have received in relation to
your request and wish to make an appeal or request a review of our
decision, you should write to the Director of Strategy and Planning at the
address shown below or by e-mail.
The Director of Strategy and Planning Delivery
Lancashire Fire and Rescue Service
Fire Service HQ
Garstang Road
Fulwood
Preston
PR2 3LH
 
Appeals or reviews should be made within 40 working days of our response
to your request being issued.  Any appeals or requests for review received
outside of the 40 working days will be refused.  Please note this is in
line with the Information Commissioner’s own working practices.
 
If you are not content with the outcome of your appeal or review, you may
apply directly to the Information Commissioner for a decision. Generally,
the ICO cannot make a decision unless you have exhausted the complaints
procedure provided by Lancashire Fire and Rescue Service.
 
The Information Commissioner can be contacted at:
 
Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire SK9 5AF
Telephone: 08456 30 60 60 or 01625 54 57 45
[2]www.ico.gov.uk
 
Should you have any queries with regards to this email or require any
additional information, please contact us on the details listed below 
 
Yours faithfully
 
Corporate Programme and Intelligence
Lancashire Fire and Rescue Service
Email: dp&[email address]
 
SMOKE ALARMS SAVE LIVES
Call 0800 169 1125 to book a free Home Fire Safety Check.
Visit our website: [3]www.lancsfirerescue.org.uk
Facebook: Lancashire Fire and Rescue Service
Twitter: @LancashireFRS
 
 
 
 
 

show quoted sections

Dear DP&FOI,

I notice in your reply that you will be part of the body that will RESPOND to an emergency event at the Cuadrilla site of Preston New Road. Could you please provide the details that you and other members of the LRF have PLANNED FOR in the event of the emergencies and aspects of emergencies I have detailed in points 1 to 4. Please advise where the details are recorded and the dates and minutes of these meetings in which you have presumably participated.

With regard to question 5, could you please state whether there are specific procedures in place in the event of a land based well head fire at Preston New Road and what bodies have been involved in producing and reviewing these procedures. I do not require to know the details. I do require clarification that procedures have been devised and reviewed by a number of proficient third parties.

Yours sincerely,

richard parker

Robert Shaw, Lancashire Fire and Rescue Service

Dear Sir

Please accept this email as an acknowledgement of your request which we shall deal with as a internal review, relating to our decision about:

FOI 861/18

Your request for review is being dealt with under the terms of the Freedom of Information Act 2000 and you will be provided with a decision in due course.

If you have any queries about this request do not hesitate to contact use quoting the reference number given above.

Regards

Corporate Programme and Intelligence Department
Lancashire Fire and Rescue Service

DP&FOI, Lancashire Fire and Rescue Service

Dear Sir
FOI 861/18 - Prospective fracking at Preston New Road
Thank you for your supplementary correspondence. 
With regards to your reference to questions 1 to 5 we are unable to
provide any additional information and as such we would apply the
following Environmental Information Regulations (EIR) and Freedom of
Information Request (FOI) exemptions mentioned in the Refusal Notice
below. Please find below however an excerpt of a letter recently sent to a
local Member of Parliament which you may find useful:
“The LFRS site specific plan deals with on-site risks and would be
implemented in conjunction with the plans of other agencies as
appropriate, should an incident occur. The LFRS site specific planning
includes, in no particular order:
 
Life risk, Access, Water supplies, Firefighting information, Utility
hazards, Site plans / floor plans, Hazards (including chemical and
gasses), Salvage, Environment, Local infrastructure, Economic risk, Other
agency plans, Holding areas, RVPs ETC.
 
LFRS does not work in isolation and would respond to an emergency at this
site in partnership with other Category 1 Responders (as defined in the
Civil Contingencies Act). LFRS is part of the Lancashire Resilience Forum
(LRF). The LRF is not a legally constituted entity, and is formed with
representatives from organisations involved in the planning for and
response to emergencies. A risk assessment has been undertaken for the
Cuadrilla Preston New Road site by the LRF. The outcome of this LRF risk
assessment was an overall risk rating of Medium – which means the level of
risk does not warrant specific multi-agency planning and can be covered by
generic arrangements and single-agency plans, as appropriate.  More
information relating to this can be found at
[1]https://www.stayintheknow.co.uk/Emergenc....
 
The LRF risk assessment is under constant review and will be updated as
necessary when there is a substantial change, for example when fracking
actually starts.
 
Responsibility for the evacuation of schools lies with the schools
themselves although they can be guided by the LRF. Lancashire County
Council's Health Safety and Resilience Service (as part of the LRF) has
recently updated the templates and guidance to aid schools in developing
appropriate and effective emergency / contingency plans.”
 
 
This information will also appear on our website in due course.
With regards to your question which states: “Please advise where the
details are recorded and the dates and minutes of these meetings in which
you have presumably participated”.  I can confirm that Lancashire Fire and
Rescue Service maintains these records on its internal electronic systems.
Please find below the above mentioned Refusal Notice under Regulation
12(1) of the Environmental Information Regulations 2004 and under Section
17 of the Freedom of Information Act 2000.
 
Environmental Information Regulations 2004:
 
Regulation 12(1) says:
 
Exemptions to the duty to disclose environmental information
 
12. – (1) Subject to paragraphs (2), (3) and (9), a public authority may
refuse to disclose environmental information requested if –
 
(a)     An exception to disclosure applies under paragraphs (4) or (5);
and
(b)     In all circumstances of the case, the public interest in
maintaining the exemption outweighs the public interest in disclosing the
information
 
and under
 
Regulation 14(3) of the Environmental Information Regulations 2004
 
Regulation 14(3) of the Environmental Information Regulation 2004 relates
to refusals to disclose information, and states:
 
(3) The refusal shall specify the reasons not to disclose the information
requested, including(a) any exception relied on under regulations 12(4),
12(5) or 13; and
(b) the matters the public authority considered in reaching its decision
with respect to the public interest under regulation 12(1)(b) or, where
these apply, regulations 13(2)(a)(ii) or 13(3).
 
Under the Environmental Information Act I am required to articulate the
position and the public interest.
 
 
Regulation 12(5)(a) – Adverse effect upon international relations,
defence, national security, or public safety.
 
National Security
 
ICO guidance emphasises there is no definition of national security and
refers to an Information Tribunal Decision (EA/2006/0045) that noted the
following:
 
•       "National security" means the security of the United Kingdom and
its people;
•       The interests of national security are not limited to actions by
an individual which are targeted at the UK, its system of government or
its people;
•       The protection of democracy and the legal and constitutional
systems of the state are part of national security as well as
military      defence;
•       Action against a foreign state may be capable indirectly of
affecting the security of the UK;
•       Reciprocal co-operation between the UK and other states in
combating international terrorism is capable of promoting the United 
Kingdom's national security.
 
 
The national security exemption is based on the effect that disclosure
would have, not on the content or source of the information.
 
As you may be aware, disclosure under EIR is a release to the public at
large. Whilst not questioning the motives of the applicant, releasing any
information held regarding the planning for such incidents, would show
criminals what the plans, capacity, tactical abilities and capabilities of
the fire and rescue service are, allowing them to target specific areas of
the UK to conduct their criminal/terrorist activities. Releasing such
information for specific circumstances, would lead to an increase in harm
of attacks and compromise law enforcement. This would be to the detriment
of providing an efficient emergency response service and a failure in
providing a duty of care to all members of the public.
 
The threat from terrorism cannot be ignored. It is generally recognised
that the international security landscape is increasingly complex and
unpredictable. Since 2006, the UK Government have published the threat
level. The UK continues to face a sustained threat from violent extremists
and terrorists and the current UK threat level is set at ‘severe’. The
recent attacks in Manchester and London, together with the related
security activity in Belgium, France and Spain only serves to emphasise
the reality of such threats.
 
The disclosure of local and national information would limit operational
capabilities as criminals/terrorists would gain a greater understanding of
the emergency service’s capacity, methods and techniques, enabling them to
take steps to counter them. It may also suggest the limitations of
capabilities in this area, which may further encourage terrorist activity
by exposing potential vulnerabilities. This detrimental effect is
increased if the request is made to several different emergency services
and law enforcement agencies. In addition to the local criminal fraternity
now being better informed, those intent on organised crime throughout the
UK will be able to ‘map’ where the use of certain tactics are or are not
deployed or where levels of capability exist. This can be useful
information to those intent on committing crimes. It would have the
likelihood of identifying location-specific operations which would
ultimately compromise response tactics and operations as individuals with
malicious intent could counteract the measures used against them.
 
Any information identifying the focus of emergency response and planning
activity could be used to the advantage of terrorists and/or criminal
organisations. Information that undermines the operational integrity of
these activities will adversely affect public safety and have a negative
impact on both national security and law enforcement.
 
 
Public Interest Considerations
 
Factors favouring release:
 
The public are entitled to know how public funds are spent. Any such
release of information by Lancashire Fire and Rescue Service would allow
the public to gauge the appropriate use of public funds in carrying out
their national security obligations. In addition, it would provide
appropriate transparency and reassurance regarding the level of capability
in Lancashire.
 
This may also enhance public confidence in the fire and rescue service.
This in turn would add to the accuracy of public awareness and debate
whilst providing an insight into the service and enable the public to have
a better understanding of effectiveness of the fire and rescue service and
the use of public resources. It would inform other issues that are
currently the subject of public debate in relation to response
capabilities and improve the quality and accuracy of public debate, which
may otherwise be steeped in rumour and speculation.
 
Factors favouring withholding the information:
 
The strongest reason favouring non-release of this information is the need
to ensure that national security is not placed at risk by enabling those
with criminal intent the opportunity to gain an operational advantage over
the Fire and Rescue Service in respect of disclosing details regarding our
capability to respond to specific incidents.
 
On balance, I find there is a much stronger public interest in non-release
of the information.
 
 
Public Safety
 
If the requested information was provided, this could lead to attacks
being carried out locally or nationally, this is likely to involve
criminal acts and threaten the safety of Fire and Rescue Service staff,
partner agencies and members of the public.
 
Public Interest Considerations
 
Factors favouring release:
 
Provision of this information would lead to better informed public
awareness and debate.
 
Factors favouring withholding the information:
 
Provision of this information would endanger the public safety of any
residents or visitors to the county and would undermine Lancashire Fire
and Rescue Service’s ability to protect the safety and well-being of the
community.
 
Whilst there is a public interest in the transparency of the use of public
funds and the accountability of the Service, there is also a strong public
interest in maintaining confidence in Lancashire Fire and Rescue Service
with regard to national security and protecting the safety and well-being
of citizens.
 
Public safety and the ability to deliver effective emergency planning and
response provision is of paramount importance to the Fire and Rescue
Service. Provision of this information would undoubtedly compromise both
national security and public safety processes.
 
On balance, it is my opinion that there is a much stronger public interest
in non-release of the information.
 
 
Freedom of Information Act:
 
This letter serves as a Refusal Notice under Section 17 of the Freedom of
Information Act 2000.
 
Section 17 of the Act provides:
 
(1)              A public authority which, in relation to any request for
information, is to any extent relying on a claim that information is
exempt information must, within the time for complying with Section 1(1),
give the applicant a notice which:-
(a)        states the fact,
(b)        specifies the exemption in question, and
(c)        states (if that would not otherwise be apparent) why the
exemption applies.
 
 
 
In relation to your request for details regarding the above request,
Lancashire Fire and Rescue Service can Neither Confirm Nor Deny (NCND)
whether the information requested is held as the duty in Section 1(1)(a)
of the Freedom of Information Act 2000 does not apply by virtue of the
following exemptions:
 
Section 24(1) – National Security
Section 31(1) – Law Enforcement
Section 38(1) – Health and Safety
 
 
Section 24(1) - National Security
 
Section 24(1) states:
 
Section 24(1) provides that information is exempt if exemption from
section 1(1)(b) is required for the purposes of safeguarding national
security.
 
•       National security includes more than the security of the UK, its
military defence and its systems of government, it also involves
co-operation with other states in combating international terrorism and
guarding against actions targeted at other states which        may impact
on the UK and its people.
•       “Required for the purposes of” is interpreted as meaning
reasonably necessary.
•       Although there has to be a real possibility that the disclosure
would undermine national security, the impact does not need to be direct
or immediate.
 
The exemption is based on the effect that disclosure would have, not on
the content or source of the information.
 
ICO guidance emphasises there is no definition of national security and
refers to an Information Tribunal Decision (EA/2006/0045) that noted the
following:
 
•           "National security" means the security of the United Kingdom
and its people;
•           The interests of national security are not limited to actions
by an individual which are targeted at the UK, its system of government or
its people;
•           The protection of democracy and the legal and constitutional
systems of the state are part of national security as well as military
defence;
•           Action against a foreign state may be capable indirectly of
affecting the security of the UK;
•           Reciprocal co-operation between the UK and other states in
combating international terrorism is capable of promoting the United
Kingdom's national security.
 
Whilst national security is not defined under the Freedom of Information
Act, it does include the security of the United Kingdom and its people.
 
 
Public Interest Considerations
 
Factors favouring release:
 
The public are entitled to know how public funds are spent. In addition,
it would provide appropriate transparency and reassurance regarding the
level of capability in Lancashire.
 
This may also enhance public confidence in the fire and rescue service.
This in turn would add to the accuracy of public awareness and debate
whilst providing an insight into the service and enable the public to have
a better understanding of effectiveness of the fire and rescue service and
the use of public resources. It would inform other issues that are
currently the subject of public debate in relation to response
capabilities and improve the quality and accuracy of public debate, which
may otherwise be steeped in rumour and speculation.
 
Factors favouring withholding the information:
 
The strongest reason favouring non release of the information is to that
national security is not placed at risk by enabling those with criminal
intent the opportunity to gain an operational advantage over the Fire and
Rescue Service in respect of disclosing details regarding capability to
respond to specific incidents.
 
 
Section 31(1) - Law Enforcement
 
Section 31(1) states
 
31.—(1) Information which is not exempt information by virtue of section
30 is exempt information if its disclosure under this Act would, or would
be likely to, prejudice –
 
(a) the prevention or detection of crime,
(b) the apprehension or prosecution of offenders,
(c) the administration of justice,
(d) the assessment or collection of any tax or duty or of
any imposition of a similar nature,
(e) the operation of immigration controls,
(f) the maintenance of security and good order in prisons or in other
institutions where persons are lawfully detained,
(g) the exercise by any public authority of its functions for any of the
purposes specified in subsection (2),
(h) any civil proceedings which are brought by or on behalf of a public
authority and arise out of an investigation conducted, for any purposes
specified in subsection (2), by or on behalf of the authority by virtue of
Her Majesty’s prerogative or by virtue of powers conferred by or under an
enactment, or
(i) any inquiry held under the Fatal Accidents and Sudden Deaths Inquiries
(Scotland) Act 1976 to the extent that the inquiry arises out of an
investigation conducted, for any of the purposes specified in subsection
(2), by or on behalf of the authority by virtue of Her Majesty’s
prerogative or by virtue of powers conferred by or under an enactment.
 
The term ‘law enforcement’ should be interpreted broadly. In the case of
William Thomas Stevenson v the Information Commissioner and North
Lancashire Teaching Primary Care Trust the Upper Tribunal commented that
“it is plain from reading the activities listed in s.31(1) and the
purposes specified in s.31(2), that they include activities and purposes
which go beyond actual law enforcement in the sense of taking civil or
criminal or regulatory proceedings. They include a wide variety of
activities which can be regarded as in aid of or related to the
enforcement of (i) the criminal law, (ii) any regulatory regime
established by statute, (iii) professional and other disciplinary codes,
(iv) standards of fitness and competence for acting as a company director
or other manager of a corporate body (v) aspects of law relating to
charities and their property and (vi) standards of health and safety at
work” (paragraph 75).
 
Public interest considerations
 
Factors favouring release:
 
Providing information relating to the response and planning for such
incidents would provide an insight into the Fire and Rescue Service’s
actions and enable the public to have a better understanding of the
effectiveness of the emergency services. It would show how public funds
are being spent in relation to protection against risk of such incidents
which can be exploited by terrorism and other criminal activity.
 
Some information may already be in the public domain regarding the
response and planning for such incidents and providing further information
would ensure transparency and accountability and enable the public to see
what capability the Fire and Rescue Service has to assist with attending
such incidents.
 
Factors favouring withholding the information:
 
It has been recorded that FOIA releases are monitored by criminals and
terrorists and so releasing information held regarding the planning and
operations of terrorist attacks and tactics would undermined and
compromise law enforcement and it would also hinder any local, regional or
national operations.
 
It can be argued that there are significant risks associated with
providing information in relation to any aspects of terrorism planning and
that any nation's security arrangements, by releasing the information, may
reveal the relative vulnerability of what we may be trying to protect.
 
Lancashire Fire and Rescue Service would not wish to reveal information
that would undermine any law enforcement operations and would impact on
emergency response resources, as more crime would be committed because
terrorists/criminals would know such information, capacity or interest and
individuals would therefore be placed at a greater risk. A fear of crime
would be realised because if the terrorists identified more vulnerable
areas, they would target and exploit these areas and the public would be
in fear of more terrorist or criminal activity occurring. This may lead to
the emergency services needing to increase their resources to reassure and
protect the community.
 
 
Section 38(1) - Health and Safety
 
Section 38(1) states information is exempt information if its disclosure
under this act would, or would be likely to –
 
(a) endanger the physical or mental health of any individual, or
(b) endanger the safety of any individual
 
Evidence of Harm
 
The requested information could lead to attacks being carried out locally
or nationally, is likely to involve criminal acts and threaten the safety
of Fire and Rescue Service staff, partner agencies and members of the
public.
 
Public Interest Considerations
 
Factors favouring release
 
Release of the information is would lead to better informed public
awareness and debate.
 
Factors favouring withholding the info
 
Release of this information would endanger the health and safety of any
residents or visitors to the county would undermine Lancashire Fire and
Rescue Service’s ability to protect the safety and well-being of the
community.
 
 
Balance Test – Sections 24(1), 31(1) & 38(1)
 
Whilst there is a public interest in the transparency of the use of public
funds and the accountability of the Service, there is also a strong public
interest in maintaining confidence in Lancashire Fire and Rescue Service
with regard to national security, law enforcement, protecting the safety
and well-being of citizens.
 
 
If you are unhappy with the information you have received in relation to
your request and wish to make an appeal or request a review of our
decision, you should write to the Director of Strategy and Planning at the
address shown below or by e-mail.
 
The Director of Strategy and Planning Delivery
Lancashire Fire and Rescue Service
Fire Service HQ
Garstang Road
Fulwood
Preston
PR2 3LH
 
Appeals or reviews should be made within 40 working days of our response
to your request being issued.  Any appeals or requests for review received
outside of the 40 working days will be refused.  Please note this is in
line with the Information Commissioner’s own working practices.
 
If you are not content with the outcome of your appeal or review, you may
apply directly to the Information Commissioner for a decision. Generally,
the ICO cannot make a decision unless you have exhausted the complaints
procedure provided by Lancashire Fire and Rescue Service.
 
The Information Commissioner can be contacted at:
 
Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire SK9 5AF
Telephone: 08456 30 60 60 or 01625 54 57 45
[2]www.ico.gov.uk
 
Should you have any queries with regards to this email or require any
additional information, please contact us on the details listed below.
 
Yours faithfully
Corporate Programme and Intelligence
Lancashire Fire and Rescue Service
Email: [3]dp&[email address]
SMOKE ALARMS SAVE LIVES
Call 0800 169 1125 to book a free Home Fire Safety Check.
Visit our website: [4]www.lancsfirerescue.org.uk
Facebook: [5]Lancashire Fire and Rescue Service
Twitter: [6]@LancashireFRS
 
 
 
 
 
Dear DP&FOI,
I notice in your reply that you will be part of the body that will RESPOND
to an emergency event at the Cuadrilla site of Preston New Road. Could you
please provide the details that you and other members of the LRF have
PLANNED FOR in the event of the emergencies and aspects of emergencies I
have detailed in points 1 to 4. Please advise where the details are
recorded and the dates and minutes of these meetings in which you have
presumably participated.
With regard to question 5, could you please state whether there are
specific procedures in place in the event of a land based well head fire
at Preston New Road and what bodies have been involved in producing and
reviewing these procedures. I do not require to know the details. I do
require clarification that procedures have been devised and reviewed by a
number of proficient third parties.
Yours sincerely,
richard parker
 
 
_____________________________________________

show quoted sections

DP&FOI, Lancashire Fire and Rescue Service

In addition to our previous response, please note that following internal
discussions we have not dealt with your supplementary request as an
internal review, as previously stated.

 

Regards

Corporate Programme and Intelligence
Lancashire Fire and Rescue Service
Email: [1]dp&[email address]

SMOKE ALARMS SAVE LIVES
Call 0800 169 1125 to book a free Home Fire Safety Check.
Visit our website: [2]www.lancsfirerescue.org.uk
Facebook: [3]Lancashire Fire and Rescue Service
Twitter: [4]@LancashireFRS

 

 

 

 

show quoted sections

Dear DP&FOI,

Thank you for your latest response.

I notice that you state that yourselves and other members of the LRF will review the generic arrangements of safety wrt to PNR classified as a medium risk when circumstances change, such as when 'fracking starts'.

I would suggest that it is advisable that it is prudent and necessary to plan for emergencies BEFORE the activity commences. Please advise that you will have a fully compliant and agreed emergency plan in place with other members of the LRF BEFORE any fracking commences.

I suggest, that it is in your remit to ensure that any fracking does not commence until you have fully reviewed these safety aspects.

Also, I notice that you are attempting to use the 2004 Environmental Regulations Information restriction stipulations. Please review the circumstances for my request and supply the information requested. Elsewise, I will request an internal review of procedures and investigation by the ER Investigation Commissioner.

Yours sincerely,

richard parker

Robert Shaw, Lancashire Fire and Rescue Service

Dear Sir

Please accept this email as an acknowledgement of your request for an internal review, relating to our decision about:

FOI 861/18

Your request for review is being dealt with under the terms of the Freedom of Information Act / Environmental Information Regulations, and you will be provided with a decision in due course.

If you have any queries about this request do not hesitate to contact the Incident Information Officer quoting the reference number given in the subject line of this acknowledgement.

Regards

Corporate Programme and Intelligence
Lancashire Fire and Rescue Service

Robert Shaw, Lancashire Fire and Rescue Service

1 Attachment

Dear Sir

Please see attached document relating to your request for Internal Review of FOI 861/18.

Kind Regards

Corporate Programme and Intelligence
Lancashire Fire and Rescue Service