Nearshore (sub-seabed) GDF

Darryl J Lee (Mr.) made this Freedom of Information request to Committee on Radioactive Waste Management

This request has been closed to new correspondence. Contact us if you think it should be reopened.

The request was refused by Committee on Radioactive Waste Management.

Darryl J Lee (Mr.)

Dear Committee on Radioactive Waste Management,

Has CoRWM’s subgroup 2 completed its’ GDF Costs Estimate Position Paper yet? If so, please provide a link to it.

Has Subgroup 2 completed their Position Paper on Nearshore (sub-seabed) GDF Siting yet? If so, please supply a link to it.

Yours faithfully,

Darryl J Lee (Mr.)

Darryl J Lee (Mr.)

Dear Committee on Radioactive Waste Management,

REMINDER
You have not acknowledged this Request.
You have only a couple of days before your handling of this Request becomes unlawful.

Yours faithfully,

Darryl J Lee (Mr.)

CoRWM Secretariat (BEIS), Committee on Radioactive Waste Management

1 Attachment

Dear Mr Darryl Lee,

Thank you for your FOI request. Please find the response to the FOI attached.

Best wishes,

CoRWM

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CoRWM Secretariat (BEIS), Committee on Radioactive Waste Management

Dear Mr Darryl Lee,

Thanks for the email. A response to your FOI was sent today.

Best Wishes,

CoRWM

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Darryl J Lee (Mr.)

Dear Committee on Radioactive Waste Management,

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

I am writing to request an internal review of Committee on Radioactive Waste Management's handling of my FOI request 'Nearshore (sub-seabed) GDF'.

In your response of June 29, you REFUSE my Request for environmental information, you told me this:
“At the moment, neither of these papers have been published, but there are plans to publish both papers. When they are published, we are happy to provide the relevant links.”

I now Request an Internal Review.

You did not tell me whether my Request was handled under The Freedom of Information Act or under The Environmental Information Regulations. I have assumed that you treated my Request as one made in exercise of the powers under the Freedom of Information Act because of the reason given by you to Refuse my Request.

These are my Grounds for requesting an Internal Review.

[Ground 1]
I note that you have not confirmed or denied whether the authority holds this information and have not applied an exemption that would remove this obligation.
Section 1(1) of the FOI Act provides that:
"Any person making a request for information to a public authority is entitled to be informed in writing by the public authority whether it holds information of the description specified in the request".
A similar requirement is provided for by The Environmental Information Regulations 2004.
A further Requirement exists within the “Aarhus Convention”.
Please Review your handling of this Request to identify compliance or noncompliance with the FOI Act and the 2004 Regulations.

[Ground 2 -A] Your REFUSAL is premised on the fact that the information requested has not been published (yet) and that it will be published in the future. This seems to be an attempt to apply a “section 22 exemption” (FOI Act).

The ICO reminds public authorities that when applying a Section 22 exemption, the authority should consider whether withholding the information prior to publication is "sensible; in line with accepted practices; and fair to all concerned".

Please Review how you reached the decision that withholding the information prior to publication is “(i) sensible (ii) in-line with practices and (iii) fair to all concerned”.

[Ground 2 - B] I note that the ICO states that the authority is OBLIGED to conduct a public interest test when applying a Section 22 exemption.

I believe that you did not conduct a Public Interest Test.

Please provide details of the public interest test conducted and how your conclusion was arrived at.

Where a Public Interest Test was not conducted, reliance on section 22 is not permitted.

[GROUND 2 -C] You rely on section 22 (plans for future publication) to refuse my Request but have not indicated the date before the information will be published or (if any) the required circumstances before publication can occur.

As you may be aware, the ICO suggests that this exemption may only be applied when one (or more) of the following conditions apply: (i) there is a publication deadline; or (ii) publication will take place once other specified actions have been completed; or (iii) publication will take place by reference to other related events; or (iv) there is a draft publication schedule / timetable that hasn’t been finalised.

I request that you review your response and subject to the Public Interest Test, where the section 22 exemption is upheld, please review whether your reasoning included the required information (the conditions under which publication will occur and the date of planned publication).

[GROUND 2 - D]
I note that ICO guidance states that:
"The public authority MUST demonstrate that there is a risk that disclosure of the requested information BEFORE the envisaged date of publication would or would be likely to prejudice: the research programme [or] the interests of an individual participating in the programme [or] the interests of the authority holding the information or the interests of a different authority that is going to publish a research report."

You did not demonstrate that disclosing the Requested information before the planned publication date would prejudice the research programme, an individual, the authority (CoRWM) or another public authority.

Please provide details of how the prejudice test was undertaken (if at all).

I ask again that CoRWM Discloses:

“The GDF Costs Estimate Position Paper” (Of Sub-Group 2).
And,
“The Position Paper on Nearshore (sub-seabed) GDF Siting” (Of Sub-Group 2).

I have concentrated on the Freedom of Information Act 2000 because your Refusal is based on future plans to publish the requested information (I.e., a section 22 exemption) BUT you will need to review my Request by reference to the Environmental Information Regulations 2004 too.

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

Yours faithfully and kind regards,

Darryl J Lee (Mr.)

CoRWM Secretariat (BEIS), Committee on Radioactive Waste Management

Dear Darryl,

Thanks for the message. CoRWM received your email regarding the Internal review of Freedom of Information request - Nearshore (sub-seabed) GDF.

Best Wishes,

CoRWM

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Darryl J Lee (Mr.)

Dear Committee on Radioactive Waste Management,

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

I am writing to request an internal review of Committee on Radioactive Waste Management's handling of my FOI request 'Nearshore (sub-seabed) GDF'.

FURTHER TO MY REQUEST FOR AN INTERNAL REVIEW (Received by you on June 29, 2021).

PLEASE CONFIRM THE DATE BY WHICH YOUR INTERNAL REVIEW WILL BE COMPLETED.

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

Yours faithfully,

Darryl J Lee (Mr.)

Darryl J Lee (Mr.)

Dear CoRWM Secretariat (BEIS),

I am of the opinion that you have now failed to complete the internal review within the time frame permitted.

When completing the Internal Review, please now additionally consider whether CoRWM unlawfully failed in their Duties to conduct a full and proper Internal Review.

Yours sincerely,

Darryl J Lee (Mr.)

CoRWM Secretariat (BEIS), Committee on Radioactive Waste Management

1 Attachment

Dear Mr Lee,

Please find attached the CoRWM internal review as you requested.

The deadline for providing a substantive response for the internal review is within 20 working days of receipt of the request that is before 27th July.

Best Wishes,

CoRWM Secretariat

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CoRWM Secretariat (BEIS), Committee on Radioactive Waste Management

1 Attachment

Dear Mr Lee,

Thank you for your message.

The deadline for providing a substantive response to your request for an internal review is within 20 working days of receipt of that request. Your request for an internal review was received on 29th June. Weekends (Saturdays and Sundays) and Bank Holidays are excluded from the 20-day period. Responding on 30th June would be a response within one working day of the receipt of that request. Following that logic, the end of the 'within 20 working days of receipt' is 27th July. The response attached was sent to you before 27th July to ensure that the response was sent within 20 working days of receipt.

Please find attached the CoRWM internal review as you requested.

Best Wishes,

CoRWM Secretariat

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Darryl J Lee (Mr.)

Dear CoRWM Secretariat (BEIS),

Please pass on my thanks to CoRWM member, the learned Mr Tromans of Her Majesty's Counsel.

Yours sincerely,

Darryl J Lee (Mr.)

CoRWM Secretariat (BEIS), Committee on Radioactive Waste Management

Dear Mr Lee,

Your message was forwarded to Mr Stephen Tromans QC.

Best Wishes,

CoRWM Secretariat

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