Nuclear Safeguards Bill

Debate between Lord Carlile of Berriew and Lord Hutton of Furness

Committee: 1st sitting (Hansard): House of Lords
Thursday 22nd February 2018 Lords Chamber

[Lord Carlile of Berriew (CB)]

My Lords, after the excellent introduction by the noble Baroness, Lady Featherstone, and the excellent speech by the noble Lord, Lord Warner, I listened with great attention to what was said by the noble Viscount. My conclusion, after he sat down, was that I should take a deep breath, count to three and then try to analyse where we are up to in this debate. My conclusions are: first, we have at the moment a very satisfactory set of standards; secondly, what we are offered as an alternative is a set of good intentions. We know about good intentions; they do not always lead to good standards, or even any standards being adopted at all. I say to the Minister that what persuades those of us who are taking part in this important debate, and who took part in yesterday’s analogous debates, is real anxiety about the standards this country will have in the future, and about whether we will be recognised as coming up to world standards in relation to nuclear safeguards. It was partly with that in mind that I went to look at the EU exit analysis papers at 100 Parliament Street the day before yesterday, which were referred to extensively in the night shift before we signed up to today’s morning shift. I looked in those papers for a single sentence or word about the future of nuclear safety and Euratom. I was only there for three-quarters of an hour so I only had time to read the documents twice, but I do not recall, and did not note, a single word on this issue. It worries me that it was not there because this is a key issue that should have been addressed in the advice given to Ministers, which is what those papers really are.

Therefore, I repeat a question I asked of the Minister’s colleague last night: how many meetings have so far taken place on this issue with European negotiating counterparts? Can we be given a number please? Next question: how many meetings of that kind have taken place on this issue with counterparts in the IAEA? Please can we have numbers because they will give us at least an indication of how far down the road we are towards turning the good intentions into a set of future standards? I am not wholly opposed to leaving Euratom: we may be able to do at least as well or better under other arrangements, but we have to do at least as well or better, otherwise we will serve the country ill.

[Lord Hutton of Furness (Lab)]

I will intervene very briefly to express my support for the amendments that my noble friend Lord Warner has tabled, and the spirit behind the amendments that the noble Baroness, Lady Featherstone, has tabled.

We have analysed this problem pretty astutely and know exactly where we are. I declare an interest as chairman of the Nuclear Industry Association. The industry wants to avoid the cataclysmic consequence of exiting the European Union in March 2019 without an effective arrangement in place that will oversee nuclear safeguards in the UK. It is impossible to exaggerate the significance of getting to that point. If that is where we get to and there are no arrangements in place with Euratom at that point, I think, as the noble Viscount and others said, that it is highly unlikely that we will have a compliant safeguarding regime applying to the United Kingdom civil nuclear industry. That would be a terrible event, and I cannot exaggerate the significance or consequence of that.

My understanding, therefore, is that it is the Government’s policy to try to reach an association agreement with Euratom that will cover this transitional period of at least two years. That, I believe, is absolutely essential—because, as the noble Viscount and the noble Lord, Lord Teverson, made clear, we will not be in a position to operate an independent UK arrangement that meets international standards by March 2019. The Minister may well correct me and tell me that I am wrong about that, but I think that it is highly improbable. So it seems to me that the issue behind all these amendments is essentially one of timing. If it is the Government’s stated intention to reach an association agreement with Euratom to preserve the existing internationally recognised arrangements that apply to the UK, it is very hard to imagine why we will need this Bill to be implemented at all. If it is possible to reach an agreement under Article 206, I think, of the Euratom treaty, which specifically refers to reciprocal rights and obligations, it is certainly broad enough as a treaty provision—as I believe, the industry believes and our advisers believe—to cover the full spectrum of safeguarding arrangements covered by the Euratom treaty and we will not need the ONR to be given these new additional powers. If we can reach an agreement for a transitional period, I do not understand why that transitional arrangement cannot continue for longer, specifically in this regard in relation to the civil nuclear industry.