A SCOTTISH Government agency has been ordered to release files it was withholding about radioactive waste at the Faslane and Coulport naval bases near Helensburgh.
It comes after a six-year freedom of information (FoI) battle by The Ferret, with the investigative outlet continually pushing for the information to be released – including four FoI requests, opposition from the Ministry of Defence (MoD) and two formal appeals.
The saga started after the MoD censored its annual nuclear safety assessments, with The Ferret then sending an FOI to the Scottish Environment Protection Agency (Sepa) in 2019 asking for information on “any environmental issues with radioactivity” at Faslane and Coulport since 2016.
This was then abandoned, along with almost a thousand other requests, following a cyber attack in 2020.
When the request was resubmitted in 2023, Sepa released a few files but withheld others citing “national security concerns” or that they could prejudice the agency’s ability to conduct “inquiries of a criminal or disciplinary nature”.
Subsequent FoI requests in 2024 also led to Sepa withholding files, which led the outlet to lodge two appeals with the Scottish Information Commissioner, David Hamilton.
Hamilton has now published his decisions on both appeals, ruling that Sepa must release the files as it had breached FoI law by wrongly claiming that releasing the files would endanger defence, national security or public safety.
“The commissioner does not accept that making the majority of the information available would, or would be likely to, lead to the kind of prejudice argued by the authority,” reports from Hamilton’s office said.
“The commissioner is of this view as he is not convinced that disclosure of this information is a threat to anything other than reputations.”
Sepa has until July 28 2025 to comply or appeal.
The Scottish Campaign for Nuclear Disarmament accused Sepa of “complicity in a public-relations culture of secrecy”.
“Sepa should enable public awareness of serious accidents at nuclear bases, along with the small, and not-so-small, accidental and routine radioactive discharges,” the campaign’s chair, Lynn Jamieson, said.
“Sadly this is typical of government dishonesty about the real risks of nuclear weapons and nuclear power – adding risks of catastrophic accidents and radiation to our environment, putting a target on our backs and leaving a legacy of harm for future generations.”
Sepa said it was “firmly committed” to upholding its FoI responsibilities and would take “every opportunity to embed learning and best practice” and that it had made “significant improvements” in the last two years.
Its head of governance, Kieron Gallagher, added: “Sepa respects the decision by the Scottish Information Commissioner on Sepa’s handling of these two related information requests."
An MoD spokesperson said: “We take our responsibilities for the safety and security of radioactive materials very seriously and have robust arrangements for compliance with environmental legislation under clear agreements with Sepa.
“The events at His Majesty’s Naval Base Clyde and Coulport previously reported by Sepa had no impact on the environment and demonstrate we have a strong and transparent safety culture that learns from experience and takes action to prevent recurrence.”
