CND threatens council with legal action over alleged failure to comply with Civil Contingencies Act in relation to storage of nuclear weapons at airbase

The Campaign for Nuclear Disarmament (CND) has sent a pre-action protocol letter to Suffolk County Council and a letter to the Ministry of Defence, highlighting concerns over the potential stationing of nuclear weapons at an RAF base in Lakenheath.

Represented by law firm Leigh Day, the campaign group points to indications from the US Air Force which they say suggest that such weapons, which were previously housed at the base until 2008, could be stationed there again.

In a letter before action sent to the county council, the group challenges what it describes as an “ongoing failure” by the authority to comply with the statutory requirements of the Civil Contingencies Act 2004 (CCA 2004), which require it to make occasional assessments of the risk of an emergency occurring, as well as maintain emergency plans (ground 1).

CND also contends the council has failed to comply with the Radiation (Emergency Preparedness and Public Information) Regulations 2019 (ground 2).

“These regulations include a requirement to carry out a hazard evaluation and have plans prepared to limit the possibility of a radiation emergency, as well as a consequence assessment for if one should occur”, said Leigh Day.

The pre action protocol letter goes on to state: “Please confirm the steps the Council will be taking to comply with the statutory duties listed above, and the timeframe for compliance.

“For the avoidance of doubt, given the ongoing breach of the legal duties we have identified, we consider that it would be appropriate for the Council to complete a full assessment of the risks of a nuclear incident occurring at RAF Lakenheath, and how to respond to it in accordance with the CCA 2004 and the 2019 Regulations, within no more than 2 months. If no adequate timeframe is provided to achieve compliance with the law, then our client will proceed to judicial review and seek its costs.”

According to Leigh Day, the campaign group has also written to the Secretary of State for Defence, inviting the government to demonstrate if the same regulations have been met.

CND general secretary Sophie Bolt said: “While the council has now prepared a response to any potential accident at the Sizewell nuclear plant, it seems to have no such emergency plan for the deployment of US nuclear weapons to RAF Lakenheath. Why such a huge oversight - especially given the accidents and mishaps when handling nuclear weapons that have taken place at the base historically. This lack of emergency planning is absolutely shocking considering US nuclear bombs could now be at the base. It’s totally unacceptable that the British government uses nuclear secrecy to avoid any accountability for these deployments when they pose such a huge risk to the environment and the population.” 

Leigh Day environment solicitor Ricardo Gama said: “With escalating nuclear rhetoric around the world and the possibility of nuclear weapons returning to UK soil, CND believes that the government needs to come clean about the risks that nuclear weapons pose to the public and the environment. That’s why they’re particularly concerned that laws requiring emergency procedures for sites involving radioactive materials have been overlooked by the government and local authorities. We hope that the Ministry of Defence and Suffolk County Council will clarify what plans, if any, the authorities have in place to deal with a nuclear emergency.”

A Suffolk County Council spokesperson said: “We will not be commenting on this at this time. However in a general sense any matters relating to military establishments, and their operations, including those of visiting forces, such as the United States Air Force, in the United Kingdom are the responsibility of the Ministry of Defence.”

The Ministry of Defence has been approached for comment.

Lottie Winson