[Observer1940]

Hello Andy, 'Pilot' and Others

Andy you should have an email direct via your 1940history email?

I believe this local chap could give an account about how he saved the documents of his ship HMS Medway and the Nuneaton Weekly Tribune newspaper explains how he made contact, I believe via the Royal Navy Museum.

People apparently also write to TNT Archives Swadlincote direct and the TNA, Kew webpages previously had the TNT address amongst the many pages of their website, although one enquiry of mine was passed back to the MoD.

The test for 1940 files, that is an interesting question?

It is my belief that the test is probably now tighter since MoD took more control of the old Hayes Archive. The Hayes Archive was a half way house and called the "Intermediate Repository" between the Government Department (MoD) and the then PRO (now TNA) to satisfy the 30 Year Rule. Some PRO Staff previously worked at the old Hayes Archive and therefore had more direct involvement with the records there until the MoD took control back in the 1990s according to an article written by a PRO Record Manager who worked there.

Although complete files with the Minute [index] Sheet were released in 1971, I don't think some similar 1940 files, would be released now.

Regarding the test for release into the public domain, one of the RAF ORBs regarding countermeasures has varying gaps of differing sizes in the typed text on a number of pages and it would never have been written like that in 1940 with paper being at a premium. I suspect to release this ORB to the PRO as a public record, the ORB was likely retyped and where the varying gaps are, is representing the missing redacted text.

Files go before MoD Reviewers some called Sensitivity Reviewers, the test as you know also involves whether they are likely to cause distress to people alive now, or involve references to national security, or name Military Intelligence officials (as I understand MI names should not be released), with some Reviewers photocopying the page, blanking out the name and re-photocopying the page and substituting this for the original page.

A previous Case was held at the Royal Courts of Justice in 1999/2000 allowed the release of a Court of Inquiry into a 1942 accident and only the names and addresses of the Witnesses were withheld. This was used as a Test, but I was an individual against a huge machine with 3 Solicitors!

The MoD stated they could not find the file or pieces I requested and therefore presumed it had been destroyed. A previous case against the ICO established that the ICO and MoD could fall back on a previous 'Balance of Probabilities' decision in Bromley v the Information Commissioner and the Environment Agency which stated "there can seldom be absolute certainty that information relevant to a request does not remain undiscovered somewhere within a public authoritiy's records".

If you cannot access the Archive or its database, or there is no index, then you cannot provide the required proof that the document is held, or even where the document is held when there are several places of deposit.

There were no destruction lists confirming destruction.

I also don't think we are going to see Air Force aircraft accidents in any detail due to Navigation which were caused by our Masking/Meaconing, or Jamming, due to the Security section in the 1958 Public Record Act.

Mark