Shipments of Radioactive Substances (EU Exit) Regulations 2019

Lord Grantchester Excerpts

Tuesday 26th February 2019 Grand Committee

[Lord Grantchester (Lab)]

I also thank the Minister for his introduction to the regulations. I confirm my understanding that they just cover the situation under a no-deal outcome and that if there is a deal, these would fall into the future relationship category, subject to negotiation. One might think that even a no-deal situation would lead to a deal of some sort downstream.

Labour agrees that we must have an effective, operable statute book under all circumstances at the time of EU exit and therefore does not oppose the regulations. That is not to say that we are at all happy in the round with having to face a no-deal scenario, which is not supported.

The regulations provide continuity and certainty regarding Euratom and the compliance with nuclear safeguards that the House agreed to last year. The Minister mentioned that the regulations will be implemented through the relevant competent authorities in the UK: necessarily, the Office for Nuclear Regulation for nuclear site licences, but also the Environment Agency in England, the Scottish Environment Protection Agency, Natural Resources Wales and the Northern Ireland Environment Agency, regarding their different agencies for non-nuclear licences.

As the noble Lord, Lord Fox, said a few questions about the regulations were necessarily explored in some depth in the other place. First, on whether the regulations apply only to imports from the EU to the UK, I wondered whether existing agreements on exports to the EU, currently operable through Euratom, would continue to apply. The second point regards the obvious obligations for exporters in EU member states that would fall away. Would a new system be under discussion with Euratom in a no-deal scenario, or would that happen only under negotiations on the future relationship? That is an important point to distinguish under a no-deal scenario.

Once again, I have noted and am grateful that the regulations were drafted in collaboration with the devolved Administrations, all the relevant agencies and the ONR. However, what about Euratom, which will need to continue to be the regulating authority of the Euratom membership? Has it been included in these discussions such that it is happy that we will be fully compliant with IAEA regulations—something that the Minister will have ensured in any case?

As the noble Lord, Lord Fox, said, in the other place, there was a query about the extent of the application to both sealed and unsealed sources. The Minister in the Commons stated that unsealed sources are not covered by the regulations, so it is a completely different matter with a completely different system. Against that, the Explanatory Memorandum states at paragraph 2.2:

“The Regulation covers both ‘sealed’ and ‘unsealed’ radioactive sources”.


There is confusion because that apparently was not made clear by the Minister in the other place, so it would be excellent if the Minister could reconcile that to us and follow up the queries to which I, my noble friend Lord Jones and the noble Lord, Lord Fox, drew attention.

Otherwise, I am content with the regulations.

[Lord Henley]

My Lords, I thank the noble Lords, Lord Grantchester, Lord Fox and the noble Lord, Lord Jones, of Wales, as we shall now refer to him, if he is happy—I am sure he will be—with such a grand title.

--- Later in debate ---

[Lord Henley]

My honourable friend is always correct, but, as the noble Lord knows, even Homer nods, and he might not have been quite as correct as he normally is on every occasion. As I said, I would prefer to have that dealt with tomorrow, between my honourable friend and Mr Whitehead.

The noble Lord asked also about the impact on exports and the reciprocal nature of this. I am afraid I cannot give him any figures about how much is going the other way. If there are some figures on that, I shall certainly write to him. The position in relation to UK exports into the EU obviously sits entirely within the EU’s competence after exit. Operators have been advised that they should seek guidance from the EU and member states on any future requirements on exports to the EU. In that respect, I assure the noble Lord, Lord Grantchester, that we will continue to maintain close relations with Euratom, just as relations with the International Atomic Energy Agency remain important. It is keen that we bear in mind the standards that it will wish to maintain in this area, just as we have always done. I made it clear throughout the passage of that first bit of Brexit legislation, the Nuclear Safeguards Act—which I am sure noble Lords will agree seems quite a long time ago—that we would continue to maintain close relations with those bodies, and I make it clear it now. I think it was the noble Lord, Lord Fox, who asked whether this was the last bit of EU exit legislation relating to nuclear matters but then thought that the next instrument also dealt with such matters. The next statutory instrument is not technically an EU exit regulation, so I think my honourable friend was correct in saying that this was the last of our EU exit statutory instruments on nuclear matters. As he is aware, we still have to deal with quite a number of other EU exit SIs and legislation.

I think that deals with almost all the questions noble Lords asked. The final one was on the competence of the various environmental agencies and whether they have the appropriate skills. All the environment agencies have been dealing with these matters already, so there will be no extra burden on them and no extra skills to acquire. They will continue to work in this field.

[Lord Grantchester]

Can the Minister confirm that it is about not just their skill set but their resource levels, which must be adequate to take on these tasks? It would be useful to have his confirmation on the financial implications of that.

[Lord Henley]

I cannot give the noble Lord any precise figures at this stage, but I can make it clear that they will continue to be adequately resourced for whatever they need to do. I commend the regulations to the Committee.