3 months ago
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The UK/Ireland NFLAs were disappointed, but unsurprised, to recently receive an underwhelming and belated reply from Ministry of Defence officials to their Freedom of Information Act [FOI] enquiry about the conduct of Astral Bend emergency planning exercises in Wales.
Found buried as the briefest of responses within a verbiage of reasons why more could not be disclosed on the all-encompassing grounds of ‘national security’, the MOD was able to ‘confirm that an Astral Bend exercise has been held in Wales since 2011; it took place on 21 September 2023.’
The Campaign for Nuclear Disarmament and Nukewatch recently published a briefing titled ‘Special nuclear flights between the UK and US: the dangers involved’’ on the transport of nuclear materials on RAF C-17 Globemasters flying between RAF Brize Norton in Oxfordshire and airbases in the United States over South Wales.
Although the four-engine C-17 Globemasters involved in these flights are subject to an enhanced maintenance regime, a crash somewhere in South Wales must remain a slim possibility. The impact of such an accident, particularly if radioactive materials are released over a populated urban area, could be catastrophic. Several South Wales local authorities are NFLAs, including Cardiff the national capital, and they deserve reassurance that military and national political leaders are prepared for this possibility.
The Minister of Defence hosts annual Astral Bend exercises ‘to practice and test the emergency response to an accident involving an RAF aircraft transporting special nuclear materials.’ Investigative reporter Rob Edwards uncovered evidence that such an exercise was held in February 2011 at the Caerwent military base in South Wales. This identified several failures in the actions of first responders which would have led to ‘’avoidable deaths’’ in a real-life situation’.
The MoD has refused to release details of recent exercises held after 2012 in response to FOI requests. After such a request seeking disclosure of exercises in South Wales was sent by NFLA Secretary Richard Outram, ministry officials at first prevaricated in furnishing their response and then moved into default mode by merely disclosing the date and nothing more.
Ministry officials fell back on exemptions permitting non-disclosure under Sections 24 (National Security) and 26 (Defence) of the Freedom of Information Act to keep silent. These are ‘qualified exemptions which means the information can only be withheld if the public interest in doing so outweighs the public interest in disclosure.’
Richard said: “It is very disappointing that the MOD chose not to use this opportunity to provide more details to the people of South Wales about how the military and civil authorities have prepared for the worst, or how they have learned the lessons of the 2011 exercise. How can it be in the public interest to deny the Welsh public reassurance about their own safety when deadly nuclear materials are being flown above them regularly? It is also ironic that the latest exercise was held on the UN International Day of Peace. Truly then the MOD is a Ministry of Irony and Understatement.”
For more information, please contact NFLA Secretary Richard Outram by email to richard.outram@manchester.gov.uk
Notes to Editors
The Freedom of Information Act request dated 27 April sent to:
MOD Ministerial Correspondence Unit Parlibranch-treat-official@mod.gov.uk
Defence Nuclear Organisation Secretariat DNO-SecretariatTeam@mod.gov.uk
Dear MOD Ministerial Correspondence Unit / DNO Secretariat,
‘Astral Bend’ emergency planning exercises in Wales
I wish to make a request under the Freedom of Information Act.
I reference the flights made by RAF C-17 Globemaster aircraft between RAF Brize Norton and airbases in the United States to transport nuclear materials from US for employment in the maintenance of the UK’s nuclear weapons arsenal.
Apparently, the flight routes followed by these aircraft can pass over the South Wales valleys and the Welsh capital Cardiff.
I am submitting this request on behalf of the South Wales Nuclear Free Local Authorities which are concerned that a risk exists of an accident involving such an aircraft whilst carrying nuclear materials.
My understanding is that this possibility is recognised by the Ministry of Defence as annual exercises, called ‘Astral Bend’, are hosted with first responders ‘to practice and test the emergency response to an accident involving an RAF aircraft transporting special nuclear materials’.
The Guardian published an article from investigative reporter Rob Edwards on 9 February 2016 which carried details of such an exercise at the Caerwent base in South Wales on 24 February 2011 which ‘imagined [an] aircraft carrying nuclear weapons ingredients crashing and spreading plutonium and other radioactive contamination up to three miles (5km) away’ and an Exercise Assessment by the Defence Nuclear Safety Regulator dated 27 July 2011 (with some redaction) was placed in the public domain.
Under the FOI Act, I would like to request the following information please:
- Have any such exercises been held since 2011 in any part of Wales? If so, where were these held and when?
- Exercise Assessments of any such exercises (subject to any essential redaction)?
I look forward to receiving your reply.
With thanks,
Richard Outram,
Secretary, NFLAs
A holding response received from the MOD dated 29 May 2024:
Our ref: FOI2024/06909
Telephone: +44(0)20 7218 9000
Email: DNO-SecretariatTeam@mod.gov.uk
Mr Richard Outram
richard.outram@manchester.gov.uk
29 May 2024
Dear Mr Outram,
Thank you for your correspondence of 27 April 2024 requesting the following information:
[FOI detailed previously]
We are treating your correspondence as a request for information under the Freedom of
Information Act 2000 (the Act). We previously informed you that you could expect to hear from us regarding your request by 29 May.
This letter is to inform you that the Ministry of Defence (MOD) holds information related to nuclear
emergency response exercises. However, we consider that it may fall within the scope of the
qualified exemptions provided for under Sections 24 (National Security) and 26 (Defence). As
such, it is necessary for us to decide whether, in all the circumstances of the case, the public
interest in maintaining the exemption outweighs the public interest in disclosure.
The Act requires us to respond to requests promptly, and in any case no later than 20 working
days after receiving your request. However, when a qualified exemption applies to the information
and the public interest test has to be conducted, the Act allows the time for response to be longer
than 20 working days. A full response must be provided within such time as is reasonable in all
circumstances of the case and, in relation to your request, we estimate that it will take an additional 20 working days to take a final decision on where the balance of public interest lies.
We therefore plan to let you have a response by 26 June 2024. If it appears that it will take longer than this to reach a conclusion we will let you know.
If you have any queries regarding the content of this letter, please contact this office in the
first instance.
[Further details follow on making an internal or external complaint]
Yours sincerely,
Defence Nuclear Organisation Secretariat
Final response received from the MOD dated 26 June 2024:
[Reference and contact details for both parties as previously listed]
26 June 2024
Dear Mr Outram,
[FOI detailed previously]
Your correspondence has been treated as a request for information under the Freedom of Information Act 2000 (the Act). A search for the information has been completed and we can advise that the Ministry of Defence (MOD) holds information in scope of your request.
The MOD can confirm that an Astral Bend exercise has been held in Wales since 2011; it took place on 21 September 2023.
However, the specific location of the exercise and the assessments fall within scope of the exemptions provided for at Sections 24 (National Security) and 26 (Defence) of the Act and have been withheld. Sections 24 and 26 are qualified exemptions which means the information can only be withheld if the public interest in doing so outweighs the public interest in disclosure. We can confirm public interest tests have been carried out and the results are summarised below.
Section 24(1) provides that information is exempt for the purpose of safeguarding national security. The MOD recognises that there is a public interest in providing greater openness and transparency around the transportation of defence nuclear materials. However, there is also a strong interest in protecting national security and confirmation of the sites used by the MOD to deliver regulated demonstrations and exercises, as well as the assessments of such exercises, would allow potential adversaries to develop a greater insight into air transport operations involving defence nuclear materials. This would make future operations more vulnerable to the potential interception by hostile actors. As well as endangering the safety of the wider public, any such interception would prejudice our ability to maintain the UK’s Continuous At Sea Deterrence (CASD), and there is no wider public interest in reducing the effectiveness of the nuclear deterrent which is the ultimate guarantee of our national security. The balance of public interest was found to lie in favour of withholding this information to safeguard the national security of the UK.
Section 26(1) provides that information is exempt if its disclosure would or would be likely to prejudice (a) the defence of the British Islands or of any colony, or (b) the capability, security, or effectiveness of the Armed Forces. The arguments for and against release of the information are similar to those under Section 24. Release would provide greater openness and transparency around nuclear air transport operations. However, releasing the specific location and assessments of the 2023 Astral Bend exercise could allow potential adversaries to disrupt future air transport operations and emergency response activities. This would threaten the security of the individuals and organisations involved with these operations and our ability to maintain CASD, which would in turn prejudice the defence of the British Isles and the capability and effectiveness of the Royal Navy. The balance of public interest was found to be in favour of withholding this information as its release would prejudice the defence of the British Isles and the capability, effectiveness, and security of the Armed Forces. As the exemption is prejudice based, the level against release of the exempted information has been set at the higher ‘would’ rather than the lower ‘would be likely to’.
If you have any queries regarding the content of this letter, please contact this office in the first instance.
[Further details follow on making an internal or external complaint]
Yours sincerely,
Defence Nuclear Organisation Secretariat
