Board Minutes

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Dear Magnox Limited,

Please provide me with a copy of the following information:

The minutes of any meetings of the board of the company that were held during the 2021/22 financial year.

Yours faithfully,

Helen Cross

DPO (MAG), Nuclear Restoration Services

1 Attachment

Good Morning,

 

Thank you for your email dated 4^th June 2022 requesting a copy of the
minutes of any meetings of the board of the company that were held during
the 2021/22 financial year.

 

We will be processing this as a formal request for information under the
Freedom of Information Act and will provide a response within 20 working
days (by 1^st July 2022).

 

We shall contact you if we require any further information in order to
process the request, and should you require anything further from us
please do contact us at [1][email address].

 

Many Thanks

Whitney Smith

 

Information Assurance & Data Privacy Compliance

Cyber Security & Information Assurance Team

 

[2][email address]

[3]www.magnoxsites.com

 

[4][IMG]

 

__________________________________________________________

The information contained in this email may be commercially sensitive
and/or legally privileged. If you have received this message in error, you
are on notice of its status. Please notify the sender immediately by reply
e-mail and then delete this message from your system. You must not
disclose it to any other person, copy or distribute it or use it for any
purpose.

Views expressed in this email are not necessarily those of Magnox Limited.

Magnox Limited, a company owned by the Nuclear Decommissioning Authority.
Registered Office: Oldbury Technical Centre, Oldbury Naite, Thornbury,
South Gloucestershire, BS35 1RQ. Registered in England & Wales under
Company No. 2264251

__________________________________________________________

References

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1. mailto:[email address]
2. mailto:[email address]
3. http://www.magnoxsites.com/
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DPO (MAG), Nuclear Restoration Services

1 Attachment

Good Afternoon,

 

You made a freedom of information request on the 4^th June for Magnox
Board minutes for financial year 2021/2022.

 

These minutes are available on our website, please follow the below link.

 

[1]Our governance - Magnox Ltd - GOV.UK (www.gov.uk)

 

If you require any further information please don’t hesitate to contact
us.

 

Many Thanks

Whitney Smith

 

Information Assurance & Data Privacy Compliance

Cyber Security & Information Assurance Team

 

[2][email address]

[3]www.magnoxsites.com

 

[4][IMG]

 

__________________________________________________________

The information contained in this email may be commercially sensitive
and/or legally privileged. If you have received this message in error, you
are on notice of its status. Please notify the sender immediately by reply
e-mail and then delete this message from your system. You must not
disclose it to any other person, copy or distribute it or use it for any
purpose.

Views expressed in this email are not necessarily those of Magnox Limited.

Magnox Limited, a company owned by the Nuclear Decommissioning Authority.
Registered Office: Oldbury Technical Centre, Oldbury Naite, Thornbury,
South Gloucestershire, BS35 1RQ. Registered in England & Wales under
Company No. 2264251

__________________________________________________________

References

Visible links
1. https://www.gov.uk/government/organisati...
2. mailto:[email address]
3. http://www.magnoxsites.com/
4. https://gbr01.safelinks.protection.outlo...

Dear Magnox Limited,

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

I am writing to request an internal review of Magnox Limited's handling of my FOI request 'Board Minutes'. A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/b...

Firstly, Magnox Limited's response did not provide an explanation of what exemptions had been applied to the information, or why they had been applied. It also did not inform me of my right to request an internal review or to appeal to the Information Commissioner.

Further, Magnox Limited has withheld some of the information citing the exemptions at s24, s36, s42 and s43 of the Freedom of Information Act. The authority is obliged to conduct a public interest test when applying these exemptions. Please provide details of the public interest test that Magnox conducted, and how its conclusion was arrived at.

The public interest in maintaining these exemptions would not outweigh the interest in disclosure in all circumstances. When considering the public interest in favour of disclosure, Magnox Limited should pay due regard to the public interest in the work of public bodies being transparent and open to scrutiny. Transparency promotes accountability and good decision making by public bodies, as well as ensuring good use of public funds.

As you may be aware, ICO guidance states that when applying a Section 43 exemption, an authority "must show that because [the information] is commercially sensitive, disclosure would be, or would be likely to be, prejudicial to the commercial activities of a person (an individual, a company, the public authority itself or any other legal entity)". This response does not appear to have included such details, so I am requesting that you review this, and, if the exemption is upheld, show how the release would be prejudicial to commercial activities, and of whom.

Yours faithfully,

Helen Cross

Magnox Enquiries (MAG), Nuclear Restoration Services

Hi Helen

Thank you for your email, we will review this internally and come back to you in due course.

Many Thanks
Whitney Smith

Information Assurance & Data Privacy Compliance Cyber Security & Information Assurance Team

[email address]

show quoted sections

DPO (MAG), Nuclear Restoration Services

Hi Helen

Please see below in response to your email dated 04/07/2022 in relation to the Freedom of Information request you submitted for Board minutes.

A review of the information provided by Magnox has been carried out by the Magnox FoI officer and the Magnox Internal Audit team as required by our FoI process. We believe that we have provided all of the information that we can and have met the requirements of the legislation. You will find below further details of the exemptions that we have used and an explanation of why we have utilised those exemptions in the published minutes:

Section 22 Exemptions - future publication - accelerating publication would require public resources which are not justifiable for information that will be provided in the public domain within reasonable timescales.

Section 24 Exemptions regard the security and safeguarding of our sites which are considered part of the critical national infrastructure - disclosure of this information is not in the public interest.

Section 36 Exemptions regard the determination of policy - information has been redacted from the minutes to allow for the free and frank debate of national policy and strategy. Release of this type of information may lead to the inhibition of discussion leading to insufficient investigation of options (chilling effect) or undermine the 'safe space' for discussion of options. The determination was carried out with the assistance of the Magnox 'Qualified Person' who is of the opinion that the information should not be disclosed. Whilst not constrained by specific public interest tests, the opinion is that it would inhibit discussion if such information was released into the public domain and would yield little value to the public.

Section 40 Exemptions are absolute and require no Public Interest test - Names have been redacted where the personnel involved are not members of the Board or Executive in order to protect the identities of contributors.

Section 41 Exemptions based on the confidential provision of information - information provided by a third party under a confidentiality agreement where disclosure would not be in the public interest and could be actionable.

Section 42 Exemptions regard the provision of information under legal privilege - release of this type of information would require a strong public interest to countervail the inherent confidentiality inbuilt into legal privilege and no such public interest could be determined.

Section 43 Exemptions covering commercial interest. Some of the minutes refer to ongoing and pending commercial transaction including negotiations and contract conditions. Releasing this information into the public domain would jeopardise the commercial position of the companies involved and potentially lead to additional costs and reduced commercial flexibility. Releasing this information could undermine a competitive marketplace and lead to a loss of trust by the supply chain. The short-term public interest in disclosure is outweighed by the longer-term public interest in maintaining good commercial practices.

If you remain dissatisfied with the handling of your request or complaint you have a right to appeal to the Information Commissioner at: Ico.org.uk. Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF.

Many Thanks
Bob Radford CIPPe, PC.foi
Data Protection Officer/ Freedom of Information Officer
Oldbury Technical Centre
Oldbury Naite,
BS35 1RQ
Mbl: (+44) 778 55 22 434
Email: [email address]
ICO registration: Z7546570

__________________________________________________________

The information contained in this email may be commercially sensitive and/or legally privileged. If you have received this message in error, you are on notice of its status. Please notify the sender immediately by reply e-mail and then delete this message from your system. You must not disclose it to any other person, copy or distribute it or use it for any purpose.

Views expressed in this email are not necessarily those of Magnox Limited.

Magnox Limited, a company owned by the Nuclear Decommissioning Authority. Registered Office: Oldbury Technical Centre, Oldbury Naite, Thornbury, South Gloucestershire, BS35 1RQ. Registered in England & Wales under Company No. 2264251

__________________________________________________________