(8Â years, 6Â months ago)
Lords ChamberMy Lords, Amendment 3 seeks to ensure that the necessary agreements to secure the safeguards for our nuclear power are in place before 1 March 2019. It does not require us to withdraw but to suspend the UKâs withdrawal from the European Atomic Energy Community treaty until the agreements are in place.
The legal relationship between Euratom and the EU is not as clear to me as it is to the Minister. I have sought the opinion of learned friends who have told me there is no binding legal agreement that obliges us to withdraw from Euratom when we withdraw from the EU. However, the Governmentâs position is based upon what is stated in paragraph 18(1) in the Explanatory Notes relating to the European Union (Notification of Withdrawal) Act, which states:
âThe power that is provided by clause 1(1) applies to withdrawal from the EU. This includes the European Atomic Energy Community (âEuratomâ), as the European Union (Amendment) Act 2008 sets out that the term âEUâ includes (as the context permits or requires) Euratom (section 3(2))â.
The situation is not straightforward. I am reminded of the words of Sir Thomas More in âA Man for All SeasonsâââI trust I make myself obscureââwhich seems to be the situation.
As I have already stated, we are not asking for withdrawal but suspension of our withdrawal from the European Atomic Energy Community treaty until we have the relevant agreements described in subsections (3) (a), (b) and (c) of the proposed new clause in place to give the confidence that these agreements are complete and appropriate and will maintain the highest standards in safeguarding our nuclear power. This is essential if we are to maintain the nuclear baseload needed to underpin our intermittent renewables. As I said last night, if this fails we will almost certainly not be able to meet our reduction in emissions obligation.
Of all the worldâs complex technologies, nuclear power is surely one where we must maintain collaboration with our partners, especially those in Europe, with whom we have been working so closely. To ensure that our energy strategy is secure, we must have the assurances contained in the amendment. I beg to move.
The Earl of Selborne (Con)
My Lords, in the draft transition agreement published yesterday the entry on Euratom is in green, which appears to demonstrate that there is some progress being made, apart from any legal complication which might emerge from the woodwork. The Government have committed themselves to a close association with the Euratom research and training programme. The Secretary of State has also committed to report back to Parliament every three months about overall progress on Euratom, with a first update expected before Easter. All so far so good, but this does not change the position that a default clause, such as this amendment suggests, might be sensible.
The only reason I have heard why this amendment will not or cannot be accepted is that, by our own folly, we have already given notice that we are leaving Euratom, come what may. My noble friend on the Front Bench described it as a done dealâwhich of course it is in terms of the Act we have already passedâbut that is not the best of reasons for rejecting this amendment. After all, one Bill can amend a previous Act and if we find that the default position is needed in order to make sure that we do not fall between poles between one Bill and another, I should have thought that a fallback position such as that suggested by this rather sensible amendment would at least be worthy of serious consideration.
I recognise that the assurances given by the Government, and indeed by our Minister here, are helpful so far as they goâI have enumerated them just nowâand that the disastrous decision to leave Euratom may ultimately be irreversible, but I will be listening to the Ministerâs response to this debate with great care.