Return-Path: Received: from mail.o2.co.uk (82.132.130.219) by mail.o2.co.uk (7.3.140) id 4B06AF45000367BE for largeassociates@o2.co.uk; Mon, 23 Nov 2009 09:05:29 +0000 Received: from mail89.messagelabs.com (194.106.220.3) by mail.o2.co.uk (8.0.013.3) id 4AF809F403CF0C71 for largeassociates@o2.co.uk; Mon, 23 Nov 2009 09:05:29 +0000 X-VirusChecked: Checked X-Env-Sender: Glen.Bridge@hse.gsi.gov.uk X-Msg-Ref: server-8.tower-89.messagelabs.com!1258967128!11315179!1 X-StarScan-Version: 6.2.4; banners=hse.gsi.gov.uk,-,- X-Originating-IP: [195.92.40.48] Received: (qmail 25822 invoked from network); 23 Nov 2009 09:05:28 -0000 Received: from gateway-201.energis.gsi.gov.uk (HELO mx.hosting-e.gsi.gov.uk) (195.92.40.48) by server-8.tower-89.messagelabs.com with SMTP; 23 Nov 2009 09:05:28 -0000 Content-class: urn:content-classes:message MIME-Version: 1.0 Content-Type: multipart/alternative; boundary="----_=_NextPart_001_01CA6C1C.13F0EF00" X-MimeOLE: Produced By Microsoft Exchange V6.5 Subject: RE: 3185 SCANS: FOI Request No: 2009110149 - Response time extended Date: Mon, 23 Nov 2009 09:05:20 -0000 Message-ID: <325BAD8130897A468B99AEEC14E2CE5D0333F58B@MXVS1.hse.int> In-Reply-To: X-MS-Has-Attach: X-MS-TNEF-Correlator: Thread-Topic: 3185 SCANS: FOI Request No: 2009110149 - Response time extended Thread-Index: Acpp/XhyMtuhcuAUSwySV518FsJZjwCGUpMg References: From: To: X-OriginalArrivalTime: 23 Nov 2009 09:05:18.0550 (UTC) FILETIME=[14184760:01CA6C1C] This is a multi-part message in MIME format. ------_=_NextPart_001_01CA6C1C.13F0EF00 Content-Type: text/plain; charset="us-ascii" Content-Transfer-Encoding: quoted-printable =20 Dear Mr Large =20 In regards to your reply below, I feel obligated to provide a sufficient response to your noted questions: =20 Yes, you are quite correct in the assumption that the request is to be initially extended by 20 working days, apologies for not noting that in my previous e-mail. The reasons for this are based upon certain apsects of it requiring liaison with DNSR and the Ministry of Justice, hence I thought it prudent to extend the envisaged response time by a sensible amount. It may not require 20 working days for these actions to be completed but as this liaison is beyond my immediate control I cannot give a definitive response time to this request, I hope you appreciate my dilemma and reasons for extending the response time on this basis. =20 Regarding your request for a Catalogue or Index of applicable documents, this is currently a work in progress and subject to updates so as to be able to furnish you with a comprehensive list. This part of your request is not related to my explanation of the inclusion of exemptions, I will endeavour to provide this at the first opportunity. =20 We are trying to provide some further background information in respect of the off-site emergency plan, hence the envisaged liaison with DNSR which has warranted some delay, this is I feel a worthwhile action so as to able to give you a reasonable response. =20 We are determined to provide you with a succinct and acceptable response, I therefore ask you to please be patient in respect of my reasoning above, I am committed to providing a response to your request asap. =20 =20 Many thanks =20 =20 =20 Glen Bridge Division 7 Nuclear Directorate Health & Safety Executive Desk 22 4N.2 Redgrave Court Bootle L20 7HS =20 Tel: 0151 951 3484 =20 To find out more about Generic Design Assessment (GDA) - log onto www.hse.gov.uk/newreactors/index.htm =20 =20 Receive the latest news and information on GDA - subscribe to our free e:mail bulletin - http://www.hse.gov.uk/newreactors/ebulletin.htm =20 =20 ________________________________ From: John H Large [mailto:largeassociates@o2.co.uk]=20 Sent: 20 November 2009 16:14 To: Glen Bridge Cc: david Hoadley Subject: 3185 SCANS: FOI Request No: 2009110149 - Response time extended Thank you for your e-mail of 20 November notifying me of your intention to extend the response time to my request of 25 October 2009. =20 First, please clarify whether you intend to extent the respond time by 20 days or 20 working days? =20 Second, if you intend to extend by 20 working days is this because you are under some misapprehension that the Act permits you to extend the response time in blocks of 20 working days and, if so, could you please refer me to that specific section of the Act that specifies this ? Forgive me, but my understanding of the Act is that the time limit can be extended by a 'reasonable period' and that this reasonable period must be determined by you seeking advice from a specialist - is it therefore that your 20=20days of extended time just by chance coincides with the S10 20 working day period that relates only to the first time period in which some form of response must be made from receiving the original request - I am quite prepared to be corrected on this ? =20 Third, whereas I can understand your apprehension about the applicability of S24 and S26 to certain detailed aspects of my request, I am astonished at any interpretation that these could be applied to the following for which I ask for your explanation as to why these are to be subject to a delay, seriatim: =20 1) My request for a Catalogue or Index - this is a list of documents, etc. so please explain how a list of document, etc titles could be possibly perceived to compromise Defence or National Security ? =20 2) Surely, if the local authority, ambulance and other essential workers are to be able to agree to the risk of additional exposure as required by Regulation 14 of REPPIR, and if they individually are to be trained and resourced for this in advance, the dose information requested must be in or available to the public domain, else the off-site emergency plan cannot be practicably implemented at and following a real radiation emergency so, it follows, how can 2) ii) compromise Defence and National Security? =20 So whereas I reluctantly accept that you might misguidedly consider that S24 and S26 to be reason to delay a response on a matter of public health and safety, I can see no reason why such ill-conceived logic should also be applied to my request Items 1) and 2). =20 In other words, please respond to my requests 1) and 2) without further ado and delay. =20 ----- Original Message -----=20 =09From: Glen.Bridge@hse.gsi.gov.uk=20 =09To: Largeassociates@largeassociates.com=20 =09Sent: Friday, November 20, 2009 2:55 PM =09Subject: FOI Request No: 2009110149 - Response time extended =09Response time extended - FOI public interest =09 =09Dear Mr Large =09 =09Freedom of Information Request Reference No: 2009110149 =09 =09Further to your request for information under the Freedom of Information =09Act, which was received on 25 October 2009, I am writing to let you know =09that the time limit for response needs to be extended. =09 =09Although the Act normally requires us to send a response within 20 working =09days, it is sometimes necessary to extend this limit in certain =09circumstances. =09 =09In this case we will need to extend the response deadline by a further 20 =09days because the information you have asked for needs to be considered =09under one of the Act's exemptions where a public interest test applies. =09This means that we need to assess whether the public interest in disclosing =09the information outweighs the public interest in withholding it, and extra =09time can be allowed for this deliberation. =09 =09The particular exemptions we are considering are: =09 =09Section 24 - National Security =09Section 26 - Defence =09 =09I hope to let you have a response by 18 December 2009 and I would like to =09apologise for any inconvenience this delay may cause. In the meantime, if =09you have any queries about this letter please contact me quoting the =09reference number above. =09 =09If you are unhappy with the decisions made by HSE you may ask for an =09internal review within two calendar months of the date of this letter by =09writing to me. =09 =09If you are not content with the outcome of the internal review you have the =09right to apply directly to the Information Commissioner for a decision. The =09Information Commissioner can be contacted at: =09 =09 The Information Commissioner's Office =09 Wycliffe House =09 Water Lane =09 Wilmslow =09 Cheshire =09 SK9 5AF =09 Tel: 01625 545700 =09 Fax: 01625 524510 =09 Email: mail@ico.gsi.gov.uk =09 Website: http://www.informationcommissioner.gov.uk =09 =09 =09Yours sincerely =09 =09Glen Bridge =09FOIA Officer =09Nuclear Directorate =09Health & Safety Executive =09Redgrave Court =09Bootle =09L20 7HS =09 =09 =09 =09 ************************************************************************ ********************** =09Please Note: Incoming and Outgoing E-mail messages are routinely monitored for compliance with our policy on the use of electronic communications and may also be automatically logged, monitored and/or recorded for lawful purposes by the GSi service provider. =09 =09Interested in Occupational Health & Safety information? =09Please visit the HSE website at the following address to keep yourself up to date =09 =09www.hse.gov.uk =09 =09Or contact HSE Infoline on 0845 345 0055 or email hse.infoline@natbrit.com =09 =09 ************************************************************************ ********************** =09 =09 =09The original of this email was scanned for viruses by the Government Secure Intranet virus scanning service supplied by Cable&Wireless in partnership with MessageLabs. (CCTM Certificate Number 2009/09/0052.) On leaving the GSi this email was certified virus free. =09Communications via the GSi may be automatically logged, monitored and/or recorded for legal purposes. =09 This email was received from the INTERNET and scanned by the Government Secure Intranet anti-virus service supplied by Cable&Wireless in partnership with MessageLabs. (CCTM Certificate Number 2009/09/0052.) In case of problems, please call your organisation's IT Helpdesk.=20 Communications via the GSi may be automatically logged, monitored and/or recorded for legal purposes. The original of this email was scanned for viruses by the Government Secur= e Intranet virus scanning service supplied by Cable&Wireless in partnershi= p with MessageLabs. (CCTM Certificate Number 2009/09/0052.) On leaving the= GSi this email was certified virus free. Communications via the GSi may be automatically logged, monitored and/or r= ecorded for legal purposes. ------_=_NextPart_001_01CA6C1C.13F0EF00 Content-Type: text/html; charset="us-ascii" Content-Transfer-Encoding: quoted-printable =
 
Dear Mr Large
 
In regards to your reply below, I feel obligate= d to=20 provide a sufficient response to your noted questions:
=
 
Yes, you are quite correct in the assumption th= at the=20 request is to be initially extended by 20 working days, apologies for not = noting=20 that in my previous e-mail. The reasons for this are based upon certain ap= sects=20 of it requiring liaison with DNSR and the Ministry of Justice, hence I tho= ught=20 it prudent to extend the envisaged response time by a sensible amount. It = may=20 not require 20 working days for these actions to be completed but as this=20= liaison is beyond my immediate control I cannot give a definitive response= time=20 to this request, I hope you appreciate my dilemma and reasons for extendin= g the=20 response time on this basis.
 
Regarding your request for a Catalogue or Index of applicable do= cuments,=20 this is currently a work in progress and subject to updates so as to be ab= le to=20 furnish you with a comprehensive list. This part of your request is not re= lated=20 to my explanation of the inclusion of exemptions, I will endeavour to prov= ide=20 this at the first opportunity.
 
We are trying to provide some further backgroun= d=20 information in respect of the off-site emergency plan, hence the envisaged= =20 liaison with DNSR which has warranted some delay, this is I feel a worthwh= ile=20 action so as to able to give you a reasonable response.
 
We are determined to provide you with a succinc= t and=20 acceptable response, I therefore ask you to please be patient in respect o= f my=20 reasoning above, I am committed to providing a response to your reque= st=20 asap.
 
 
Many thanks
 
 
 
Glen Bridge
Division 7
Nuclear Directorate
Health & Safety=20 Executive
Desk 22
4N.2
Redgrave Court
Bootle
L20 7HS
 
Tel: 0151 951 3484
 
To find out more about G= eneric=20 Design Assessment (GDA) - log onto www.hse.gov.uk/newreactors/index.htm
 
=
Receive the latest news = and=20 information on GDA - subscribe to our free e:mail bulletin - http://www.hse.gov.uk/newreactors/ebulletin.htm
 

From: John H Large=20 [mailto:largeassociates@o2.co.uk]
Sent: 20 November 2009=20 16:14
To: Glen Bridge
Cc: david Hoadley
Subject:= =20 3185 SCANS: FOI Request No: 2009110149 - Response time=20 extended

Thank you for your e-mail of 20 November notifying me = of your=20 intention to extend the response time to my request of 25 October=20 2009.
 
First, please clarify whether you intend to extent the= respond=20 time by 20 days or 20 working days?
 
Second, if you intend to extend by 20 working days is = this=20 because you are under some misapprehension that the Act permits you to ext= end=20 the response time in blocks of 20 working days and, if so, could you pleas= e=20 refer me to that specific section of the Act that specifies this ? &n= bsp;=20 Forgive me, but my understanding of the Act is that = the time=20 limit can be extended by a 'reasonable period' and that this reasonable pe= riod=20 must be determined by you seeking advice from a specialist - is it therefo= re=20 that your 20 days of extended time just by chance coincides with the S10 2= 0=20 working day period that relates only to the first time period in which som= e form=20 of response must be made from receiving the original request - I am quite=20= prepared to be corrected on this ?
 
Third, whereas I can understand your apprehension abou= t the=20 applicability of S24 and S26 to certain detailed aspects of my request, I = am=20 astonished at any interpretation that these could be applied to the follow= ing=20 for which I ask for your explanation as to why these are to be subject to = a=20 delay, seriatim:
 
1)  My request for a Catalogue or Index - this is= a list=20 of documents, etc. so please explain how a list of document, etc titles co= uld be=20 possibly perceived to compromise Defence or National Security ?
 
2)  Surely, if the local authority, ambulance and= other=20 essential workers are to be able to agree to the risk of additional exposu= re as=20 required by Regulation 14 of REPPIR, and if they individually are to be tr= ained=20 and resourced for this in advance, the dose information requested must be = in or=20 available to the public domain, else the off-site emergency plan cannot be= =20 practicably implemented at and following a real radiation emergency so, it= =20 follows, how can 2) ii) compromise Defence and National Security?
 
So whereas I reluctantly accept that you might misguid= edly=20 consider that S24 and S26 to be reason to delay a response on a matter of = public=20 health and safety, I can see no reason why such  ill-conceived logic = should=20 also be applied to my request Items 1) and 2).
 
In other words, please respond to my requests 1) and 2= )=20 without further ado and delay.
 
----- Original Message -----
Fr= om:=20 Glen.Bridge@hse.gsi.gov.uk
Sent: Friday, November 20, 2009 2= :55=20 PM
Subject: FOI Request No: 20091101= 49 -=20 Response time extended

Response time extended - FOI public interest

Dear = Mr=20 Large

Freedom of Information Request Reference No:=20 2009110149

Further to your request for information under the Free= dom of=20 Information
Act, which was received on 25 October 2009, I am writing = to let=20 you know
that the time limit for response needs to be=20 extended.

Although the Act normally requires us to send a respons= e=20 within 20 working
days, it is sometimes necessary to extend this limi= t in=20 certain
circumstances.

In this case we will need to extend the= =20 response deadline by a further 20
days because the information you ha= ve=20 asked for needs to be considered
under one of the Act's exemptions wh= ere a=20 public interest test applies.
This means that we need to assess wheth= er the=20 public interest in disclosing
the information outweighs the public in= terest=20 in withholding it, and extra
time can be allowed for this=20 deliberation.

The particular exemptions we are considering=20 are:

Section 24 - National Security
Section 26 - Defence
I=20 hope to let you have a response by 18 December 2009 and I would like=20 to
apologise for any inconvenience this delay may cause. In the meant= ime,=20 if
you have any queries about this letter please contact me quoting=20= the
reference number above.

If you are unhappy with the decisi= ons=20 made by HSE you may ask for an
internal review within two calendar mo= nths=20 of the date of this letter by
writing to me.

If you are not co= ntent=20 with the outcome of the internal review you have the
right to apply=20= directly to the Information Commissioner for a decision. The
Informat= ion=20 Commissioner can be contacted at:

   The Information=20= Commissioner's Office
   Wycliffe House
   Wat= er=20 Lane
   Wilmslow
   Cheshire
   S= K9=20 5AF
   Tel: 01625 545700
   Fax: 01625=20 524510
   Email: mail@ico.gsi.gov.uk
 &nb= sp;=20 Website: http://www.informatio= ncommissioner.gov.uk


Yours=20 sincerely

Glen Bridge
FOIA Officer
Nuclear Directorate
H= ealth=20 & Safety Executive
Redgrave Court
Bootle
L20=20 7HS



*****************************************************= *****************************************
Please=20 Note: Incoming and Outgoing E-mail messages are routinely monitored for=20= compliance with our policy on the use of electronic communications and m= ay=20 also be automatically logged, monitored and/or recorded for lawful purpo= ses by=20 the GSi service provider.

Interested in Occupational Health &= =20 Safety information?
Please visit the HSE website at the following add= ress=20 to keep yourself up to date

www.hse.gov.uk

Or contact HSE = Infoline=20 on 0845 345 0055 or email hse.infoline@natbrit.com
*********************************************************************= *************************


The=20 original of this email was scanned for viruses by the Government Secure=20= Intranet virus scanning service supplied by Cable&Wireless in partne= rship=20 with MessageLabs. (CCTM Certificate Number 2009/09/0052.) On leaving the= GSi=20 this email was certified virus free.
Communications via the GSi may b= e=20 automatically logged, monitored and/or recorded for legal=20 purposes.

This email was received from the INTERNET an= d=20 scanned by the Government Secure Intranet anti-virus service supplied by=20= Cable&Wireless in partnership with MessageLabs. (CCTM Certificate Numb= er=20 2009/09/0052.) In case of problems, please call your organisation’s = IT Helpdesk.=20
Communications via the GSi may be automatically logged, monitored and/= or=20 recorded for legal purposes.

The original of this email was scanned for viruses by the Government Secur= e Intranet virus scanning service supplied by Cable&Wireless in partnershi= p with MessageLabs. (CCTM Certificate Number 2009/09/0052.) On leaving the= GSi this email was certified virus free.
Communications via the GSi may be automatically logged, monitored and/or r= ecorded for legal purposes.
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