INTRODUCTION

  Third dot point. UKAEA is not primarily a "commercial" organisation. Safety and security are our primary interests. However we are responsible for achieving the required security standards efficiently and economically.

  Fourth dot point. We do not accept Mr Pointer's allegation that UKAEA failed in its public duty to provide adequate policing on the Dounreay site over a number of years, and that the problem was only addressed after his resignation. His evidence implies a fundamental neglect of essential security requirements whereas the number of additional police officers under discussion was a small part of the complement.

  The Police are only part of the security equation which requires a balanced combination of Police, physical security, access control and intelligence. Since 1997 £1.7 million has been spent in upgrading the security, the equivalent cost of an additional 57 officers for one year. This provides the clearest possible evidence of UKAEA's commitment in improving security when the need is clearly justified.

  Fifth dot point. The suggestion of an independent Chairman and other independent members of the UKAEAC Police Authority is one on which DTI may wish to comment. However it should not be forgotten that the Constabulary is legally part of UKAEA and that, strictly speaking, the recommendations of the Police Authority are advisory to UKAEA. Radical change would require primary legislation. It should also be borne in mind that the Police Authority already has an eminent independent adviser in the form of Sir John Woodcock, formerly HM Chief Inspector of Constabulary, who attends all meetings.

Section "A"

  Mr Pointer objects to the inference that he resigned prematurely while "discussion was underway".

  Mr Pointer did resign while discussion with the CEO was in progress. He attended a meeting with the CEO on 8 January 1998 at which two proposals to resolve the position were made to him. He rejected the first at the meeting but undertook to consider the second (which is essentially that subsequently agreed) and respond to the CEO. Mr Pointer's proposed paper to the Police Authority makes reference to this solution. His resignation, before he had made any response came as a surprise.

  It is true that Mr Pointer's relations with UKAEA senior staff had deteriorated. In November he chose to raise the issue of Dounreay numbers at a meeting of the UKAEA Board without prior notice and in a highly emotional manner. At the conclusion of the presentation the Chairman expressed extreme dissatisfaction at Mr Pointer raising the issue at the Board without giving the new Chief Executive, who had taken up his duties that day, an opportunity of considering the issue. Expressing his concern at Mr Pointer's action he asked Mr Pointer, in a rhetorical manner, whether, if the Board did not immediately agree with him, he was going to resign. After expressing his concern at the manner of raising the issue the Chairman recognised that the situation was most unsatisfactory and needed to be resolved urgently. He requested the new Chief Executive to progress the issue personally.

  The Chief Executive commenced working on the issue whilst attempting to establish a good working relationship with Mr Pointer. The CEO advised Mr Pointer of working towards a solution which Mr Pointer could put forward with the full support of the CEO. After only one meeting with the CEO Mr Pointer chose, without advising the CEO, to put a paper to the Police Authority relating to the issue.

  Dismissal of that meeting with the CEO with the comment "The newly appointed Chief Executive refused to acknowledge that his own reviewing officer had recommended not six but eleven officers" presents a far from balanced view. The CEO presented two solutions to Mr Pointer for his consideration. Whilst Mr Pointer rejected the first proposal, he undertook to consider the second and advise on its acceptability.

  The paper to which Mr Pointer refers was not discussed at the meeting as the CEO had reviewed it and found it had not considered the issues on a sufficiently broad front. In response to a direct question the CEO confirmed that the paper referred to by Mr Pointer did recommend increased numbers. To the best recollection of the CEO and another person who attended the meeting the number 11 was never mentioned.

  It is not the case that Mr Pointer was threatened with dismissal if he attempted to put a paper setting out his concerns to the Police Authority. However James Bretherton did express concern that to submit such a paper without prior notice or consultation with the CEO, in light of his ongoing discussions, would inevitably worsen working relationships. However, to avoid the potential allegation that the paper had been suppressed, James Bretherton circulated the paper to the Police Authority along with an explanation of the agreed solution. (Material already sent to the Clerk as requested).

solution. (Material already sent to the Clerk as requested).

Section "B"—Effectiveness of Security at Other Nuclear Sites

  While DTI must answer to the specifics, we believe the Minister's statement to be correct in relation to UKAEA sites. At Winfrith, where Mr Pointer refers to "serious reservations about manning levels", earlier concerns about policing levels had led to a significant increase in strength in 1995. In discussions about policing levels at Springfields, where BNFL made comparisons with the position at Winfrith, the Chief Constable is specifically recorded as expressing satisfaction at current levels of policing, given the fact that the Headquarters of Dorset Police are adjacent to the site, and that they could provide further assistance in an emergency. (ref. minutes of Police Authority meeting held on 2 July 1997).

Section "C"—Sir John Woodcock's Position and Timing of Resignation

  Sir John Woodcock will speak for himself. However it is the case that UKAEA asked him to approachMr Pointer to get him to withdraw his resignation since, in our view, it was completely unjustified. It was purely Mr Pointer's view that his position was "totally untenable". The Ministerial Statement that he had resigned "while discussions were taking place" is correct. As indicated above, Mr Pointer had been requested to respond to a proposal made by Dr McKeown close to that eventually adopted.

Section "D"—Satisfaction with the Extra Staff Numbers

  The minutes confirm that Mr Pointer did not express dissatisfaction with the extra staff numbers agreed at the Police Authority meeting on 2 February. The implication that the staff are only temporary and might be removed at a future date with no compensatory measures is misleading. The additional staff will be retained in post as long as they are necessary for security. Any change would have to be agreed with DCNSy.

  The suggestion that substantial cuts would have to be made elsewhere on the Dounreay site to help fund the additional posts is also misleading. In the absence of any other evidence it is assumed that Mr Pointer is referring to no more than an expectation that overtime will be reduced if additional staff are recruited. This is a perfectly reasonable expectation and a proper target for local managers. See also Section I.

Section "E"—The Implications of the Sensitive Special Project

  Mr Pointer's allegations have the potential to create an unbalanced and misleading view of the overall situation. The correct position is as set out in the final section of Dr McKeown's letter to the Clerk of 9 June. At the time Dounreay had a strength of six more officers than the approved establishment.

  Mr. Pointer's last allegation, that the Dounreay complement was three under strength at the time of his resignation, is not correct.

Section "F"—Pressure from DTI

  Mr Pointer's allegation that the additional officers were only recruited as a result of DTI pressure is untrue. If Mr Pointer had responded to the CEO as requested, rather than resigning, the six additional officers would have been recruited and he would still have been in post.

  UKAEA does not accept that its priority is to cut costs rather than to provide adequate policing on the Dounreay site. UKAEA does have a responsibility to the taxpayer to ensure that proper security is achieved economically.

Section "G"—Details of My Resignation were never in the Public Domain

  This assertion is incorrect. A Facts Fax announcing Mr Pointer's resignation was issued on 26 January and, as with all such documents, a copy was made available to the Press (copy attached).

Section "H"—Independence of the Director of Civil Nuclear Security

  We understand that DTI will respond separately on this point.

  We understand that DTI will respond separately on this point.

Section "I"

  The proposition that "substantial cuts must be made elsewhere in order to help find the additional officers" does not bear close examination. The expectation recorded in James Bretherton's letter to the Police Authority on 30 January is that four of the additional six officers at Dounreay would be funded by increased budgetary provision, while the other two would be funded by efficiency savings coming from reductions in overtime or elsewhere. The essential point is that the additional numbers had been authorised.

Section "J"—Complete Breakdown of Trust and Confidence

  The "complete breakdown of trust and confidence" was entirely on Mr Pointer's part. Following his resignation letter, Mr Pointer made himself physically unavailable and would only answer the telephone via a mobile phone with very poor reception. He took no notice of the letter James Bretherton immediately sent to him apologising for the tone of their telephone conversation (although he considered it then, and still considers it, to have been amply justified).

  UKAEA delayed several days, including over a weekend, in accepting his resignation, and only then after a further check that he really could not contemplate reconsidering his position. The Facts Fax paid tribute to his policing work for us and wished him well for the future. He was subsequently present at the Police Authority meeting on 2 February and worked out his three months contractual notice.

Section "K"—Independent Members of the Police Authority

  This is a matter on which DTI might wish to respond. However in relation to the proposition that "only the nuclear operators and DTI are represented on the Police Authority" reference has already been made to the role of the Independent Police Adviser who attends all meetings. Furthermore the DTI representative reports through to the Secretary of State for Trade & Industry who in turn is accountable to Parliament and therefore to the general public.

Section "L"—Further Cost-Cutting Review

  Our comments are covered in the letter to the Clerk of 10 June.

Section "M"

  See comments on Sections D and F. Mr Pointer's last statement that without his resignation "prevarication would have continued indefinitely" is not true. The proposal made to him on 8 January by the CEO provided the route to the additional six staff.

Section "N"

  UKAEA is pleased that Mr Pointer acknowledges the improvements to site security which have taken place since 1996. The additional numbers Mr Pointer requested are in place.

Section "O"

  No response required.

Section "P"

  See response to Section D.

Section "Q"

  The Minister's Statement is correct. A Press Release was issued as set in response to Section G.

Section "R"

  Agreed.

Section "S"—Attendance of UKAEA Managers at Security Exercises

  The Dounreay security exercise was in May 1996 not 1995. UKAEA's Head of Security attended this exercise. The implication that security is not of interest to UKAEA senior managers is not true.

  The CEO attended the recent emergency exercise at Harwell prior to Mr Pointer's resignation together with senior managers from UKAEA and senior staff from DTI.

Section "T"

  As indicated earlier, there is no "declared intention of the UKAEA and BNFL to make a further 10 per cent cut in the Police budget", although there is a proper desire to keep the cost of the Force to the minimum commensurate with full effectiveness.

commensurate with full effectiveness.