Saturday, 15 February 2014

UK Plutonium re-use policy suffers double blow

 

 


The most politically important and influential committee of the British Parliament has  bluntly told the UK Nuclear Decommissioning Authority (NDA) that “must learn from past mistakes and ensure that there is a comprehensive, robust business case before any decision is taken on dealing with the plutonium stockpile.”

In a highly critical report issued on 11 February on the management of Sellafield, (http://www.publications.parliament.uk/pa/cm201314/cmselect/cmpubacc/708/131104.htm), Progress at Sellafield, 43rd report of session 2013-14, the House of Commons Committee on Public Accounts (PAC) states that the NDA “has not set out clearly its strategy for dealing with the plutonium stored at Sellafield.” It recalls that The Department of Energy  and Climate Change (DECC’s) preferred option is to process the plutonium to form a mixed oxide fuel for civilian use which would reduce the security concerns associated with its storage, but points out that a previous plant (Sellafiedl MOX plant, SM)P to manufacture  plutonium into fuel for civilian purposes - which cost some £1 billion - proved to be “problematic” – critics rather say SMP was an abject technical and economic failure -  and is now closed.

The PAC also reveal that DECC has admitted that “the value of the [MOX] fuel produced in a new project would be lower than the cost of building, maintaining and operating a new plant.” And it also opoints out anyway “there are currently no nuclear power stations in the UK which could use the fuel.”

Meanwhile, Liz Keenaghan-Clarke, DECC’s newly appointed deputy director for  nuclear development and radioactive  waste & decommissioning policy, told a meeting of DECC’s NGO forum for non-profit  stakeholders on February 10th , that  DECC has  agreed within the coalition Government to move ahead with next stage of plutonium policy. But she revealed an important policy change: at the insistence of ministers it will include further assessment of immobilization options for the 111,000 kilogrammes of plutonium  currently stockpiled at Sellafield, alongside re-use  options set out in the NDA report (United Kingdom remains undecided on plutonium reuse options, IPFM, January 20, 2014; http://fissilematerials.org/blog/2014/01/united_kingdom_undecided_.html )

Sellafield is the largest and most hazardous of the nuclear sites owned by the NDA in the UK. Sellafield Limited is the licensed operator of the site and manages the site under a contract with the NDA, which reimburses its costs of around £1.6 billion a year, the PAC sets out. In August 2008, the NDA appointed  Nuclear Management Partnersd (NMP), a consortium of private sector companies comprising  AMEC (UK) Areva France) and URS Washington (US), as the 'parent body organisation' (PBO) of Sellafield Limited, with aim of  to improving performance using its expertise. For the past five years NMP has received fees earned by Sellafield Limited for improved performance in the form of dividends, receiving some £50 million in 2011-12, totalling £230 million over the 5 years of the initial contract. A report from consultants KMPG commissioned by the NDA in 2013 was very critical of key features of NMP's performance over the initial contract term, the PAC concludes.

Despite these criticisms, the NDA inexplicably announced in October 2013 that it had decided to extend its contract with NMP for a further five years.

The following exhange on plutonium occurred in the PAC hearing on November  4th  last year, when the witnesses were: John Clarke, Chief Executive, NDA, Stephen Lovegrove, Permanent Secretary, DECC Mark Higson, then, Chief Executive, Office for Nuclear Development, DECC

Q152 Chair: Margaret Hodge  MP (Labour)

We have never covered plutonium with you. Is the plutonium an asset or a liability?

Stephen Lovegrove: I will pass to Mark, if I may, but that is a difficult question to answer conclusively and in the long term, outside final decisions about what we are going to be able to do with the plutonium.

Mark Higson: Our currently preferred option for dealing with the plutonium is to build a MOX plant and use the fuel in new-build power stations in the United Kingdom. The value of the fuel will be less than the cost of building and running a plant on current assumptions. On that basis, it will be a liability.

Chair: Say that again?

Mark Higson: The value of the fuel, we would expect to be less than the cost of operating and building the MOX plant.

Q153 Chair: But you still want to build it?

Mark Higson: Because it is a route for disposing of plutonium and putting it beyond access.

Q154 Chair: My goodness. Just tell us so far, on the MOX plants you have had, how much that has cost us to date? What is the total cost of building and running them-without much success-and now closing and, presumably, having to dismantle them? How much have we spent so far?

Mark Higson: That is clearly a separate question from what we do with the plutonium that we already have.

Chair: I understand that.

Mark Higson: The answer is about £1 billion.

Chair: I think we have spent £1.4 billion so far.

John Clarke: Yes, we did, on a previous MOX plant that had significant problems with it.

Q155 Chair: Which we could not get to operate properly. How much are we spending a year just keeping the stuff safe?

John Clarke: I don’t have that information.

Q156 Chair: I have it down as £80 million. Is that massively out?

John Clarke: I would be happy to confirm that outside the Committee.

Q157 Chair: How much are we paying to look after other countries’ plutonium?

John Clarke: We are paid to look after other countries’ plutonium. The contracts are quite explicit that we are paid for the receipt of spent fuel, its processing, the storage of wastes-uranium and plutonium-and the eventual repatriation of it.

Q158 Chair: Okay. Sugar. We are considering building a new one, although the cost of building one would be more than the benefit of the fuel. Am I right in thinking that Sizewell is the only place that can currently use this MOX fuel?

Mark Higson: We expect MOX fuel to be utilised in new PWRs built on a new plant.

Chair: But it is not being utilised in the EDF one.

Mark Higson: Sorry?

Q159 Chair: You are expecting it to be utilised where?

Mark Higson: In power stations yet to be built. The EPR reactor at Hinkley, for example.

Chair: Oh my goodness. We have spent £1.4 billion so far. We don’t have the power stations that can utilise MOX, but we are still considering building one, although it will cost more than the fuel that we get from it in the power stations that are yet to be built.

Mark Higson: Clearly, it would be unwise to start building a new MOX plant unless we were reasonably satisfied that there was a market for the fuel produced.

Q160 Chair: When are you taking the decision, given that we are paying not just to look after our tonnage, but to look after Japanese and German tonnage?

John Clarke: We are paid to look after foreign material.

Chair: Still paid now?

John Clarke: Correct.

Q161 Chair: When are we taking the decision?

Mark Higson: There will need to be a pause for at least a couple of years. During that period, we will work with the NDA to assess alternative routes, including PRISM reactor and the possible use of CANDU reactors.

Q162 Chair: That is another one going up on your upward curve.

I am almost at an end, although I do not know if other Members want to ask anything else. The only other thing I wanted to ask about-this question is probably to you, Mr Clarke-was this unacceptable practice of NMP charging on this sample of expenses claims. Six hundred and six expenses claims were looked at, and they charged over a quarter of a million pounds that could not be justified, including-I cannot believe this-a £714 bill for a cab to take a cat. [Interruption.] "Where to?" I am being asked.

John Clarke: It was a range of people, including a cat. The point is that the NDA initiated an audit of expenses incurred by the Sellafield executive team, particularly those who were implanted by Nuclear Management Partners. We found that there was substantial and wholesale misallocation of expenses to a Sellafield Ltd account and to a Nuclear Management Partners account. I do not believe that there was anything other than a mistake in that. I do not think it was a deliberate intent. As soon as it was pointed out, the very morning that we discovered it, the managing director and the finance director of Sellafield Ltd were in my office in West Cumbria. They were clearly shocked by what we had found. They took very swift action; they reimbursed the money immediately and they switched their system to make sure that all management expenses are defaulted into an NMP account until such time as it is demonstrated that they are legitimate Sellafield Ltd claims, in which case they are put over. What we saw was that a range of expenses that should have been borne by NMP had inadvertently been-

Q163 Chair: The US Masters golf tournament being one, presumably.

John Clarke: It should have been borne by NMP and has been paid for by NMP. The system was clearly not operating with appropriate governance. It has been improved, and I believe everything has been put right.

Q164 Chair: Are you now keeping a better eye on it?

John Clarke: We will keep a better eye on it. We operate on an audit basis. We are a relatively small organisation of 200 or so people, and there are 17,000 people on the estate. We audit a range of activities, and it was as part of that audit that we found this situation. NMP and Sellafield Ltd rapidly put it right, and we will, of course, keep an eye on it going forward.

Q165 Chair: Okay. Last year when we saw you, we expressed concern about Sellafield Ltd awarding contracts worth £54 million to the constituent companies of NMP. Have you taken any action to control that?

John Clarke: We have behaved exactly as we said we did last year. The contract allows affiliate companies to bid for work at tier 2 at Sellafield. We make sure that all contracts that are let at Sellafield are reviewed at an appropriate level by ourselves, and we are content that contracts have been achieving-

Q166 Chair: So what proportion of contracts are now being executed by the three? NMP, through Sellafield, awards a contract to a constituent company of NMP, which I do not think is on. What is the proportion now? We were at £54 million last year, but what are we at now?

John Clarke: I do not have a number in terms of millions, but I believe that it is about 6% of the contract.

Q167 Chair: It was 6% last year. Has it gone up?

John Clarke: No, I believe it is still about 6%.

Q168 Chair: Can you send us a detailed note on that? I do have concerns, and I think people should choose.

John Clarke: Yes, we can.

Chair: I would also like a detailed note on the KPMG costs.

Q169 Stephen Barclay: On that, just to be clear, Mr Clarke, are you saying that you see no objection and, therefore, regardless of what the note says, nothing will change on that?

John Clarke: When we let the contract, we specifically did not preclude affiliate companies from bidding. Indeed, if you take Areva as an example, Areva have specific expertise that we would wish to be accessible at tier 2. If the very act of having them at tier 1 precludes us from having access to them at tier 2, we suffer from that. We want Areva, as an example-

Q170 Stephen Barclay: Just to be clear, when you renewed, you did not vary the contract to preclude that based on the discussion last year?

John Clarke: We did not.

Q171 Stephen Barclay: So, regardless of what the note says, in essence the practice will continue as per previous years, for the reasons you have set out?

John Clarke: Because we think that that gives us the best outcome. What we do do is make sure that all contracts are let following proper, appropriate and fair competition.

 
After the PAC report was published John Clarke stressed that the “NDA continues to focus on resolving the underlying issues at the site and has set out clear expectations of NMP for the second contract term. Safe stewardship of the Sellafield site, consistent levels of high operational performance and significant improvements in the delivery of major projects are the key priorities, with the NDA continuing to monitor progress closely and ensuring that fees are only paid on performance.”

But he made no mention of plutonium policy.

PAC Sellafield hearing: Oral and written evidence



Thursday, 6 February 2014

Without authorization?


 

At LSE last night (5 February) Professor Sir David Omand, former director of the UK electronic intelligence gathering service,  GCHQ, told the audience of a  seminar titled  ‘What have you got to hide?’ that GCHQ can only read e-mails gathered from the huge meta data collection of electronic communications with a ministerial warrant.

By chance, yesterday the following Parliamentary question was also answered.

Electronic Surveillance

Hansard, 4 February  2014 : Column 192W
Paul Flynn: To ask the Secretary of State for Foreign and Commonwealth Affairs on how many occasions the Director of Government Communications Headquarters (GCHQ), or other GCHQ staff acting on his behalf, has requested ministerial authorisation to approve GCHQ reading the content of e-mails gathered as part of general metadata collection since May 2010; and on how many occasions such requests were turned down. [185759]
Hugh Robertson: It is the long-standing policy of successive Governments not to comment on matters of intelligence.
 

Brought to the attention of the panelist, Labour MP Hazel Blears, a member of the Parliamentary Intelligence and Security committee - appointed by the Prime Minister-said she thought ministers should be more expansive in answering such questions.

Meantime a month ago, US President Obama  spent a an hour telling Congress what changes he was making to open up US security and intelligence policy following a recent independent review. This is what the said:


The White House

Office of the Press Secretary

For Immediate Release

January 17, 2014

Remarks by the President on Review of Signals Intelligence

Department of Justice
Washington, D.C.

11:15 A.M. EST

THE PRESIDENT:  At the dawn of our Republic, a small, secret surveillance committee borne out of the “The Sons of Liberty” was established in Boston.  And the group’s members included Paul Revere.  At night, they would patrol the streets, reporting back any signs that the British were preparing raids against America’s early Patriots.

Throughout American history, intelligence has helped secure our country and our freedoms.  In the Civil War, Union balloon reconnaissance tracked the size of Confederate armies by counting the number of campfires.  In World War II, code-breakers gave us insights into Japanese war plans, and when Patton marched across Europe, intercepted communications helped save the lives of his troops.  After the war, the rise of the Iron Curtain and nuclear weapons only increased the need for sustained intelligence gathering.  And so, in the early days of the Cold War, President Truman created the National Security Agency, or NSA, to give us insights into the Soviet bloc, and provide our leaders with information they needed to confront aggression and avert catastrophe.

Throughout this evolution, we benefited from both our Constitution and our traditions of limited government.  U.S. intelligence agencies were anchored in a system of checks and balances -- with oversight from elected leaders, and protections for ordinary citizens.  Meanwhile, totalitarian states like East Germany offered a cautionary tale of what could happen when vast, unchecked surveillance turned citizens into informers, and persecuted people for what they said in the privacy of their own homes.

In fact, even the United States proved not to be immune to the abuse of surveillance.  And in the 1960s, government spied on civil rights leaders and critics of the Vietnam War.  And partly in response to these revelations, additional laws were established in the 1970s to ensure that our intelligence capabilities could not be misused against our citizens.  In the long, twilight struggle against Communism, we had been reminded that the very liberties that we sought to preserve could not be sacrificed at the altar of national security.

If the fall of the Soviet Union left America without a competing superpower, emerging threats from terrorist groups, and the proliferation of weapons of mass destruction placed new and in some ways more complicated demands on our intelligence agencies.  Globalization and the Internet made these threats more acute, as technology erased borders and empowered individuals to project great violence, as well as great good.  Moreover, these new threats raised new legal and new policy questions.  For while few doubted the legitimacy of spying on hostile states, our framework of laws was not fully adapted to prevent terrorist attacks by individuals acting on their own, or acting in small, ideologically driven groups on behalf of a foreign power. 

The horror of September 11th brought all these issues to the fore.  Across the political spectrum, Americans recognized that we had to adapt to a world in which a bomb could be built in a basement, and our electric grid could be shut down by operators an ocean away.  We were shaken by the signs we had missed leading up to the attacks -- how the hijackers had made phone calls to known extremists and traveled to suspicious places.  So we demanded that our intelligence community improve its capabilities, and that law enforcement change practices to focus more on preventing attacks before they happen than prosecuting terrorists after an attack. 

It is hard to overstate the transformation America’s intelligence community had to go through after 9/11.  Our agencies suddenly needed to do far more than the traditional mission of monitoring hostile powers and gathering information for policymakers.  Instead, they were now asked to identify and target plotters in some of the most remote parts of the world, and to anticipate the actions of networks that, by their very nature, cannot be easily penetrated with spies or informants.

And it is a testimony to the hard work and dedication of the men and women of our intelligence community that over the past decade we’ve made enormous strides in fulfilling this mission.  Today, new capabilities allow intelligence agencies to track who a terrorist is in contact with, and follow the trail of his travel or his funding.  New laws allow information to be collected and shared more quickly and effectively between federal agencies, and state and local law enforcement.  Relationships with foreign intelligence services have expanded, and our capacity to repel cyber-attacks have been strengthened.  And taken together, these efforts have prevented multiple attacks and saved innocent lives -- not just here in the United States, but around the globe.

And yet, in our rush to respond to a very real and novel set of threats, the risk of government overreach -- the possibility that we lose some of our core liberties in pursuit of security -- also became more pronounced.  We saw, in the immediate aftermath of 9/11, our government engaged in enhanced interrogation techniques that contradicted our values.  As a Senator, I was critical of several practices, such as warrantless wiretaps.  And all too often new authorities were instituted without adequate public debate.

Through a combination of action by the courts, increased congressional oversight, and adjustments by the previous administration, some of the worst excesses that emerged after 9/11 were curbed by the time I took office.  But a variety of factors have continued to complicate America’s efforts to both defend our nation and uphold our civil liberties.

First, the same technological advances that allow U.S. intelligence agencies to pinpoint an al Qaeda cell in Yemen or an email between two terrorists in the Sahel also mean that many routine communications around the world are within our reach.  And at a time when more and more of our lives are digital, that prospect is disquieting for all of us.

Second, the combination of increased digital information and powerful supercomputers offers intelligence agencies the possibility of sifting through massive amounts of bulk data to identify patterns or pursue leads that may thwart impending threats.  It’s a powerful tool.  But the government collection and storage of such bulk data also creates a potential for abuse.

Third, the legal safeguards that restrict surveillance against U.S. persons without a warrant do not apply to foreign persons overseas.  This is not unique to America; few, if any, spy agencies around the world constrain their activities beyond their own borders.  And the whole point of intelligence is to obtain information that is not publicly available.  But America’s capabilities are unique, and the power of new technologies means that there are fewer and fewer technical constraints on what we can do.  That places a special obligation on us to ask tough questions about what we should do.

And finally, intelligence agencies cannot function without secrecy, which makes their work less subject to public debate.  Yet there is an inevitable bias not only within the intelligence community, but among all of us who are responsible for national security, to collect more information about the world, not less.  So in the absence of institutional requirements for regular debate -- and oversight that is public, as well as private or classified -- the danger of government overreach becomes more acute.  And this is particularly true when surveillance technology and our reliance on digital information is evolving much faster than our laws.

For all these reasons, I maintained a healthy skepticism toward our surveillance programs after I became President.  I ordered that our programs be reviewed by my national security team and our lawyers, and in some cases I ordered changes in how we did business.  We increased oversight and auditing, including new structures aimed at compliance.  Improved rules were proposed by the government and approved by the Foreign Intelligence Surveillance Court.  And we sought to keep Congress continually updated on these activities.

What I did not do is stop these programs wholesale -- not only because I felt that they made us more secure, but also because nothing in that initial review, and nothing that I have learned since, indicated that our intelligence community has sought to violate the law or is cavalier about the civil liberties of their fellow citizens.

To the contrary, in an extraordinarily difficult job -- one in which actions are second-guessed, success is unreported, and failure can be catastrophic -- the men and women of the intelligence community, including the NSA, consistently follow protocols designed to protect the privacy of ordinary people.  They’re not abusing authorities in order to listen to your private phone calls or read your emails.  When mistakes are made -- which is inevitable in any large and complicated human enterprise -- they correct those mistakes.  Laboring in obscurity, often unable to discuss their work even with family and friends, the men and women at the NSA know that if another 9/11 or massive cyber-attack occurs, they will be asked, by Congress and the media, why they failed to connect the dots.  What sustains those who work at NSA and our other intelligence agencies through all these pressures is the knowledge that their professionalism and dedication play a central role in the defense of our nation.

Now, to say that our intelligence community follows the law, and is staffed by patriots, is not to suggest that I or others in my administration felt complacent about the potential impact of these programs.  Those of us who hold office in America have a responsibility to our Constitution, and while I was confident in the integrity of those who lead our intelligence community, it was clear to me in observing our intelligence operations on a regular basis that changes in our technological capabilities were raising new questions about the privacy safeguards currently in place. 

Moreover, after an extended review of our use of drones in the fight against terrorist networks, I believed a fresh examination of our surveillance programs was a necessary next step in our effort to get off the open-ended war footing that we’ve maintained since 9/11.  And for these reasons, I indicated in a speech at the National Defense University last May that we needed a more robust public discussion about the balance between security and liberty.  Of course, what I did not know at the time is that within weeks of my speech, an avalanche of unauthorized disclosures would spark controversies at home and abroad that have continued to this day.

And given the fact of an open investigation, I’m not going to dwell on Mr. Snowden’s actions or his motivations; I will say that our nation’s defense depends in part on the fidelity of those entrusted with our nation’s secrets.  If any individual who objects to government policy can take it into their own hands to publicly disclose classified information, then we will not be able to keep our people safe, or conduct foreign policy.  Moreover, the sensational way in which these disclosures have come out has often shed more heat than light, while revealing methods to our adversaries that could impact our operations in ways that we may not fully understand for years to come.

Regardless of how we got here, though, the task before us now is greater than simply repairing the damage done to our operations or preventing more disclosures from taking place in the future.  Instead, we have to make some important decisions about how to protect ourselves and sustain our leadership in the world, while upholding the civil liberties and privacy protections that our ideals and our Constitution require.  We need to do so not only because it is right, but because the challenges posed by threats like terrorism and proliferation and cyber-attacks are not going away any time soon.  They are going to continue to be a major problem.  And for our intelligence community to be effective over the long haul, we must maintain the trust of the American people, and people around the world.

This effort will not be completed overnight, and given the pace of technological change, we shouldn’t expect this to be the last time America has this debate.  But I want the American people to know that the work has begun.  Over the last six months, I created an outside Review Group on Intelligence and Communications Technologies to make recommendations for reform.  I consulted with the Privacy and Civil Liberties Oversight Board, created by Congress.  I’ve listened to foreign partners, privacy advocates, and industry leaders.  My administration has spent countless hours considering how to approach intelligence in this era of diffuse threats and technological revolution.  So before outlining specific changes that I’ve ordered, let me make a few broad observations that have emerged from this process.

First, everyone who has looked at these problems, including skeptics of existing programs, recognizes that we have real enemies and threats, and that intelligence serves a vital role in confronting them.  We cannot prevent terrorist attacks or cyber threats without some capability to penetrate digital communications -- whether it’s to unravel a terrorist plot; to intercept malware that targets a stock exchange; to make sure air traffic control systems are not compromised; or to ensure that hackers do not empty your bank accounts.  We are expected to protect the American people; that requires us to have capabilities in this field.

Moreover, we cannot unilaterally disarm our intelligence agencies.  There is a reason why BlackBerrys and iPhones are not allowed in the White House Situation Room.  We know that the intelligence services of other countries -- including some who feign surprise over the Snowden disclosures -- are constantly probing our government and private sector networks, and accelerating programs to listen to our conversations, and intercept our emails, and compromise our systems.  We know that. 

Meanwhile, a number of countries, including some who have loudly criticized the NSA, privately acknowledge that America has special responsibilities as the world’s only superpower; that our intelligence capabilities are critical to meeting these responsibilities, and that they themselves have relied on the information we obtain to protect their own people.

Second, just as ardent civil libertarians recognize the need for robust intelligence capabilities, those with responsibilities for our national security readily acknowledge the potential for abuse as intelligence capabilities advance and more and more private information is digitized.  After all, the folks at NSA and other intelligence agencies are our neighbors.  They're our friends and family.  They’ve got electronic bank and medical records like everybody else.  They have kids on Facebook and Instagram, and they know, more than most of us, the vulnerabilities to privacy that exist in a world where transactions are recorded, and emails and text and messages are stored, and even our movements can increasingly be tracked through the GPS on our phones.

Third, there was a recognition by all who participated in these reviews that the challenges to our privacy do not come from government alone.  Corporations of all shapes and sizes track what you buy, store and analyze our data, and use it for commercial purposes; that’s how those targeted ads pop up on your computer and your smartphone periodically.  But all of us understand that the standards for government surveillance must be higher.  Given the unique power of the state, it is not enough for leaders to say:  Trust us, we won’t abuse the data we collect.  For history has too many examples when that trust has been breached.  Our system of government is built on the premise that our liberty cannot depend on the good intentions of those in power; it depends on the law to constrain those in power.

I make these observations to underscore that the basic values of most Americans when it comes to questions of surveillance and privacy converge a lot more than the crude characterizations that have emerged over the last several months.  Those who are troubled by our existing programs are not interested in repeating the tragedy of 9/11, and those who defend these programs are not dismissive of civil liberties. 

The challenge is getting the details right, and that is not simple.  In fact, during the course of our review, I have often reminded myself I would not be where I am today were it not for the courage of dissidents like Dr. King, who were spied upon by their own government.  And as President, a President who looks at intelligence every morning, I also can’t help but be reminded that America must be vigilant in the face of threats. 

Fortunately, by focusing on facts and specifics rather than speculation and hypotheticals, this review process has given me -- and hopefully the American people -- some clear direction for change.  And today, I can announce a series of concrete and substantial reforms that my administration intends to adopt administratively or will seek to codify with Congress. 

First, I have approved a new presidential directive for our signals intelligence activities both at home and abroad.  This guidance will strengthen executive branch oversight of our intelligence activities.  It will ensure that we take into account our security requirements, but also our alliances; our trade and investment relationships, including the concerns of American companies; and our commitment to privacy and basic liberties.  And we will review decisions about intelligence priorities and sensitive targets on an annual basis so that our actions are regularly scrutinized by my senior national security team.

Second, we will reform programs and procedures in place to provide greater transparency to our surveillance activities, and fortify the safeguards that protect the privacy of U.S. persons.  Since we began this review, including information being released today, we have declassified over 40 opinions and orders of the Foreign Intelligence Surveillance Court, which provides judicial review of some of our most sensitive intelligence activities -- including the Section 702 program targeting foreign individuals overseas, and the Section 215 telephone metadata program.

And going forward, I’m directing the Director of National Intelligence, in consultation with the Attorney General, to annually review for the purposes of declassification any future opinions of the court with broad privacy implications, and to report to me and to Congress on these efforts.  To ensure that the court hears a broader range of privacy perspectives, I am also calling on Congress to authorize the establishment of a panel of advocates from outside government to provide an independent voice in significant cases before the Foreign Intelligence Surveillance Court.

Third, we will provide additional protections for activities conducted under Section 702, which allows the government to intercept the communications of foreign targets overseas who have information that’s important for our national security.  Specifically, I am asking the Attorney General and DNI to institute reforms that place additional restrictions on government’s ability to retain, search, and use in criminal cases communications between Americans and foreign citizens incidentally collected under Section 702.

Fourth, in investigating threats, the FBI also relies on what's called national security letters, which can require companies to provide specific and limited information to the government without disclosing the orders to the subject of the investigation.  These are cases in which it's important that the subject of the investigation, such as a possible terrorist or spy, isn’t tipped off.  But we can and should be more transparent in how government uses this authority. 

I have therefore directed the Attorney General to amend how we use national security letters so that this secrecy will not be indefinite, so that it will terminate within a fixed time unless the government demonstrates a real need for further secrecy.  We will also enable communications providers to make public more information than ever before about the orders that they have received to provide data to the government.

This brings me to the program that has generated the most controversy these past few months -- the bulk collection of telephone records under Section 215.  Let me repeat what I said when this story first broke:  This program does not involve the content of phone calls, or the names of people making calls.  Instead, it provides a record of phone numbers and the times and lengths of calls -- metadata that can be queried if and when we have a reasonable suspicion that a particular number is linked to a terrorist organization.

Why is this necessary?  The program grew out of a desire to address a gap identified after 9/11.  One of the 9/11 hijackers -- Khalid al-Mihdhar -- made a phone call from San Diego to a known al Qaeda safe-house in Yemen.  NSA saw that call, but it could not see that the call was coming from an individual already in the United States.  The telephone metadata program under Section 215 was designed to map the communications of terrorists so we can see who they may be in contact with as quickly as possible.  And this capability could also prove valuable in a crisis.  For example, if a bomb goes off in one of our cities and law enforcement is racing to determine whether a network is poised to conduct additional attacks, time is of the essence.  Being able to quickly review phone connections to assess whether a network exists is critical to that effort.

In sum, the program does not involve the NSA examining the phone records of ordinary Americans.  Rather, it consolidates these records into a database that the government can query if it has a specific lead -- a consolidation of phone records that the companies already retained for business purposes.  The review group turned up no indication that this database has been intentionally abused.  And I believe it is important that the capability that this program is designed to meet is preserved.  

Having said that, I believe critics are right to point out that without proper safeguards, this type of program could be used to yield more information about our private lives, and open the door to more intrusive bulk collection programs in the future.  They’re also right to point out that although the telephone bulk collection program was subject to oversight by the Foreign Intelligence Surveillance Court and has been reauthorized repeatedly by Congress, it has never been subject to vigorous public debate.

For all these reasons, I believe we need a new approach.  I am therefore ordering a transition that will end the Section 215 bulk metadata program as it currently exists, and establish a mechanism that preserves the capabilities we need without the government holding this bulk metadata.

This will not be simple.  The review group recommended that our current approach be replaced by one in which the providers or a third party retain the bulk records, with government accessing information as needed.  Both of these options pose difficult problems.  Relying solely on the records of multiple providers, for example, could require companies to alter their procedures in ways that raise new privacy concerns.  On the other hand, any third party maintaining a single, consolidated database would be carrying out what is essentially a government function but with more expense, more legal ambiguity, potentially less accountability -- all of which would have a doubtful impact on increasing public confidence that their privacy is being protected.

During the review process, some suggested that we may also be able to preserve the capabilities we need through a combination of existing authorities, better information sharing, and recent technological advances.  But more work needs to be done to determine exactly how this system might work.

Because of the challenges involved, I’ve ordered that the transition away from the existing program will proceed in two steps.  Effective immediately, we will only pursue phone calls that are two steps removed from a number associated with a terrorist organization instead of the current three.  And I have directed the Attorney General to work with the Foreign Intelligence Surveillance Court so that during this transition period, the database can be queried only after a judicial finding or in the case of a true emergency.

Next, step two, I have instructed the intelligence community and the Attorney General to use this transition period to develop options for a new approach that can match the capabilities and fill the gaps that the Section 215 program was designed to address without the government holding this metadata itself.  They will report back to me with options for alternative approaches before the program comes up for reauthorization on March 28th.  And during this period, I will consult with the relevant committees in Congress to seek their views, and then seek congressional authorization for the new program as needed.

Now, the reforms I’m proposing today should give the American people greater confidence that their rights are being protected, even as our intelligence and law enforcement agencies maintain the tools they need to keep us safe.  And I recognize that there are additional issues that require further debate.  For example, some who participated in our review, as well as some members of Congress, would like to see more sweeping reforms to the use of national security letters so that we have to go to a judge each time before issuing these requests.  Here, I have concerns that we should not set a standard for terrorism investigations that is higher than those involved in investigating an ordinary crime.  But I agree that greater oversight on the use of these letters may be appropriate, and I’m prepared to work with Congress on this issue. 

There are also those who would like to see different changes to the FISA Court than the ones I’ve proposed.  On all these issues, I am open to working with Congress to ensure that we build a broad consensus for how to move forward, and I’m confident that we can shape an approach that meets our security needs while upholding the civil liberties of every American.

Let me now turn to the separate set of concerns that have been raised overseas, and focus on America’s approach to intelligence collection abroad.  As I’ve indicated, the United States has unique responsibilities when it comes to intelligence collection.  Our capabilities help protect not only our nation, but our friends and our allies, as well.  But our efforts will only be effective if ordinary citizens in other countries have confidence that the United States respects their privacy, too.  And the leaders of our close friends and allies deserve to know that if I want to know what they think about an issue, I’ll pick up the phone and call them, rather than turning to surveillance.  In other words, just as we balance security and privacy at home, our global leadership demands that we balance our security requirements against our need to maintain the trust and cooperation among people and leaders around the world.

For that reason, the new presidential directive that I’ve issued today will clearly prescribe what we do, and do not do, when it comes to our overseas surveillance.  To begin with, the directive makes clear that the United States only uses signals intelligence for legitimate national security purposes, and not for the purpose of indiscriminately reviewing the emails or phone calls of ordinary folks.  I’ve also made it clear that the United States does not collect intelligence to suppress criticism or dissent, nor do we collect intelligence to disadvantage people on the basis of their ethnicity, or race, or gender, or sexual orientation, or religious beliefs.  We do not collect intelligence to provide a competitive advantage to U.S. companies or U.S. commercial sectors.

And in terms of our bulk collection of signals intelligence, U.S. intelligence agencies will only use such data to meet specific security requirements:  counterintelligence, counterterrorism, counter-proliferation, cybersecurity, force protection for our troops and our allies, and combating transnational crime, including sanctions evasion. 

In this directive, I have taken the unprecedented step of extending certain protections that we have for the American people to people overseas.  I’ve directed the DNI, in consultation with the Attorney General, to develop these safeguards, which will limit the duration that we can hold personal information, while also restricting the use of this information.

The bottom line is that people around the world, regardless of their nationality, should know that the United States is not spying on ordinary people who don’t threaten our national security, and that we take their privacy concerns into account in our policies and procedures.  This applies to foreign leaders as well.  Given the understandable attention that this issue has received, I have made clear to the intelligence community that unless there is a compelling national security purpose, we will not monitor the communications of heads of state and government of our close friends and allies.  And I’ve instructed my national security team, as well as the intelligence community, to work with foreign counterparts to deepen our coordination and cooperation in ways that rebuild trust going forward.

Now let me be clear:  Our intelligence agencies will continue to gather information about the intentions of governments -- as opposed to ordinary citizens -- around the world, in the same way that the intelligence services of every other nation does.  We will not apologize simply because our services may be more effective.  But heads of state and government with whom we work closely, and on whose cooperation we depend, should feel confident that we are treating them as real partners.  And the changes I’ve ordered do just that.

Finally, to make sure that we follow through on all these reforms, I am making some important changes to how our government is organized.  The State Department will designate a senior officer to coordinate our diplomacy on issues related to technology and signals intelligence.  We will appoint a senior official at the White House to implement the new privacy safeguards that I have announced today.  I will devote the resources to centralize and improve the process we use to handle foreign requests for legal assistance, keeping our high standards for privacy while helping foreign partners fight crime and terrorism.

I have also asked my counselor, John Podesta, to lead a comprehensive review of big data and privacy.  And this group will consist of government officials who, along with the President’s Council of Advisors on Science and Technology, will reach out to privacy experts, technologists and business leaders, and look how the challenges inherent in big data are being confronted by both the public and private sectors; whether we can forge international norms on how to manage this data; and how we can continue to promote the free flow of information in ways that are consistent with both privacy and security.  

For ultimately, what’s at stake in this debate goes far beyond a few months of headlines, or passing tensions in our foreign policy.  When you cut through the noise, what’s really at stake is how we remain true to who we are in a world that is remaking itself at dizzying speed.  Whether it’s the ability of individuals to communicate ideas; to access information that would have once filled every great library in every country in the world; or to forge bonds with people on other sides of the globe, technology is remaking what is possible for individuals, and for institutions, and for the international order.  So while the reforms that I have announced will point us in a new direction, I am mindful that more work will be needed in the future. 

One thing I’m certain of:  This debate will make us stronger.  And I also know that in this time of change, the United States of America will have to lead.  It may seem sometimes that America is being held to a different standard.  And I'll admit the readiness of some to assume the worst motives by our government can be frustrating.  No one expects China to have an open debate about their surveillance programs, or Russia to take privacy concerns of citizens in other places into account.  But let’s remember:  We are held to a different standard precisely because we have been at the forefront of defending personal privacy and human dignity.

As the nation that developed the Internet, the world expects us to ensure that the digital revolution works as a tool for individual empowerment, not government control.  Having faced down the dangers of totalitarianism and fascism and communism, the world expects us to stand up for the principle that every person has the right to think and write and form relationships freely -- because individual freedom is the wellspring of human progress.

Those values make us who we are.  And because of the strength of our own democracy, we should not shy away from high expectations.  For more than two centuries, our Constitution has weathered every type of change because we have been willing to defend it, and because we have been willing to question the actions that have been taken in its defense.  Today is no different.  I believe we can meet high expectations.  Together, let us chart a way forward that secures the life of our nation while preserving the liberties that make our nation worth fighting for.

Thank you.  God bless you.  May God bless the United States of America.  (Applause.)

END
11:57 A.M. EST

 

 

 

Sunday, 2 February 2014

House builders flooded by bad development decisions


 

On this weekend 61 years ago, the United Kingdom suffered its greatest floods of modern times, when the South East coast of England - especially the northern shore of the Thames Estuary - was inundated with a massive tidal surge.

Parliament was dominated by the aftermath in the following week. In one session, when the minister responsible Sir David Maxwell Fyfe (later to become the Earl of Kilmuir) was responding to MPs' concerned questions, former Labour Home Secretary, James Ede, (later to become Baron Chuter-Ede), asked the minister if he would consult with the Minister of Housing and Local Government as to whether it might not be a sound policy to prevent the building of on low-lying land which is liable to flooding?

Sir David responded “As the right hon. Gentleman can see, my right hon. Friend is by my side and I am sure that he will pay attention to that point.”

(Hansard,  Debates, 06 February 1953 vol 510 cc2179-86 )


But across the six decades since, it seems very few housing ministers have paid attention to this point

Today’s Independent on Sunday carries this sensible, if disturbing, review of the problems created by deliberately building on areas known to be prone to flooding.

The more the experts warn against, the more we build on flood plains


Independent on Sunday 02 February 2014



Flooding may have shot up the political agenda but that hasn't stopped local planning authorities driving through housing developments in areas at severe risk of flooding.

From Cornwall to London, to Cardiff, Leeds and Northumberland, local authorities across England and Wales have been ignoring the Environment Agency's (EA) protests and waving through developments on flood-prone land.

As Britain endures another weekend of torrential rain and further flooding, figures obtained by The Independent on Sunday reveal that last year local councils allowed at least 87 planning developments involving 560 homes to proceed in England and Wales in areas at such high risk of flooding that the EA formally opposed them. The biggest development of this kind is the 149-home Goresbrook Village Estate in Dagenham, Essex, expected to be ready for occupation in March 2015.

"Eighty-seven new developments is a ridiculous number and there is no justification for it – it should be zero," said Bob Ward, the director of policy at the London School of Economics' Grantham Institute. "This is exactly the kind of decision-making that has made flooding more of a problem than it should be and that threatens the lives and livelihoods of many people," Mr Ward added, calling on the Government to intervene.

David Leigh, the landscape manager of the Somerset Wildlife Trust, believes the best solution in some cases is simply to move. "A lot of the communities affected in the Somerset Levels and Moors are very old villages and it would be a very big step to start suggesting the whole village move. However, there are some isolated properties that do cause problems when trying to make the local landscape more resilient. Those people will need help."

He advocates allowing some areas of farmland to flood to relieve the pressure on the surrounding land and moving those properties elsewhere.

The numbers of homes being built in the face of the EA's opposition are increasing markedly. That rise appears to be part of a broader trend, with developers seeking to push through more projects on land at high risk of flooding to satisfy demand for new houses. Last year, developers proposed 618 construction projects on land the agency deemed to be particularly high risk, an increase of more than a third on the previous year.

The agency, while it must be consulted during planning, does not have powers to stop a development – which rest with the local planning authority.

Dr Hannah Choke, a flooding expert from the University of Reading, said the figures were "disturbing". "The real problem with the Somerset Levels is that the people are no longer attuned to the landscape," she says. "In the past, everyone who lived there was attached to the agricultural system and they expected flooding. Now people live there because it's a nice place to live and they have lost touch and been removed from the functions of the landscape, so when flooding happens, it causes problems."

The EA and the Department for Communities and Local Government (DCLG) would not criticise local authorities for ignoring the agency's concerns. However, a DCLG spokesman said: "National planning policy is clear that inappropriate development in areas at risk of flooding should be avoided, and it should not be permitted in areas where it is intended for water to flow or be stored at times of flood. Where development is necessary, it should be made safe without increasing flood risk elsewhere."

A 2012 report by the Government's official climate change adviser – the Climate Change Committee (CCC) – concluded that the planning policy "approval process is not sufficiently transparent or accountable".

The report found that 13 per cent of all new developments were on flood plains. While many flood zone developments are well protected, one in five was in an area "of significant risk under today's climate". It noted that much of Britain is now so densely populated that developments on flood plains are growing much faster than those outside.