Draft Carriage of Dangerous Goods (Amendment) Regulations 2019

Lord Harrington of Watford Excerpts

Monday 28th January 2019 General Committees

[The Parliamentary Under-Secretary of State for Business, Energy and Industrial Strategy (Richard Harrington)]

I beg to move,

That the Committee has considered the draft Carriage of Dangerous Goods (Amendment) Regulations 2019.

Good evening, Mr Bailey. This is not the first time that I have served in Committee in front of you, and it has always been a pleasure.

This statutory instrument amends the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2009, which regulate the transport of most dangerous goods in Great Britain by rail, road and inland waterway. The amendments made by this instrument strengthen our emergency preparedness and response arrangements for the transport of radioactive material and will bring Great Britain in line with the highest international safety standards. It implements the emergency preparedness and response requirements of the Euratom basic safety standards directive of 2013.

The instrument also contains provisions unrelated to emergency preparedness and response that were included to avoid the additional burden on parliamentary time of having three separate instruments relating to the transport of dangerous goods. One of these reintroduces provisions on the control of so-called volatile organic compounds resulting from the storage of petrol and its distribution from terminals to service stations. It corrects an unintended revocation of guidance for the design and construction of petrol tanks in respect of the control of such compounds. The other simply updates a cross-reference in the Transfrontier Shipment of Radioactive Waste and Spent Fuel Regulations 2008.

Before I explain the changes in detail, it might be helpful, as a reminder to hon. Members, to say a few background words about the Government’s position in relation to the safety of radioactive materials. The safety and security of those materials on sites or in transport will, I hope it goes without saying, always remain the highest priority for Government. The UK has well developed emergency response arrangements and we are committed to taking account of international standards. It should be pointed out that the risk of a radiation emergency is extremely low and that risk has not changed, but robust arrangements must be in place for radioactive emergencies, however unlikely they may be. The directive that I mentioned gave the Government an opportunity to review and update Great Britain’s existing emergency preparedness framework in the light of the new internationally recognised safety standards, which build on work done by the International Atomic Energy Agency.

Although we will be leaving the EU and the Euratom treaty, the Government remain wholly committed to the highest standards of radiological safety. My Department held a joint consultation with the Ministry of Defence and the Health and Safety Executive on the changes made by this instrument. Last October, we published our response to the consultation, and I am happy to report that the proposals received broad support. Respondents recognised that the changes would strengthen Great Britain’s emergency preparedness and response arrangements for radiological emergencies. They welcomed the fact that the proposals align with IAEA best practice and the highest safety standards.

The amendments made by this instrument are as follows. We have broadened the definition of “emergency” to include risks to quality of life, property and the environment. That takes a comprehensive view of the effects of an emergency. We have also updated the principles and purposes that duty holders are to have regard to when drafting emergency plans, to ensure that the plans are flexible and proportionate. We are including in the regulations a definition of “emergency worker” and comprehensive requirements as to the training, equipment and medical surveillance that employees with roles under an emergency plan must be provided with. We are also expanding the requirement regularly to review and test emergency plans, including with a new requirement to take account of lessons learned from emergency exercises at national and international level.

For civil nuclear transport, the competent authority in Great Britain, which is the Office for Nuclear Regulation, will have a duty to provide information to the public about the nature and effect of a potential radiation emergency. This ensures that the general public have access to information about what to do in such an emergency.

The regulations will introduce a national reference level and require the carrier and consignor of radioactive materials to ensure that the emergency plan prioritises keeping radiation exposure below that level. The regulations also include a duty to provide a handover report to assist the transition from an emergency exposure situation to the recovery phase.

Part 2 of the regulations makes a technical update to a cross-reference in the Transfrontier Shipment of Radioactive Waste and Spent Fuel Regulations 2008; and part 3 reinstates a previously revoked provision that implements an EU directive on volatile organic compound emissions resulting from the storage of petrol and its distribution.

The regulations will apply to England, Wales and Scotland; Northern Ireland will separately update its own version of the regulations with similar changes. The changes will affect all operators that transport radioactive materials by road, rail and inland waterway in Great Britain. The impact on business of the changes will be minimal. The main burden will be costs associated with familiarisation with the amendments and making any revisions to emergency plans. We calculate that to be a relatively minor, one-off cost. The other two changes included in the instrument—those on volatile organic compounds and trans-frontier shipment of radioactive waste—are purely technical and will not have any impact on industry.

In August 2017, the then Secretary of State for Defence agreed that although it is not legally obligated to, the Ministry of Defence will, where possible, comply with the emergency preparedness and response elements of the basic safety standards directive. Where Defence has exemptions, derogations or disapplications from applicable health and safety legislation, such as this legislation, it is committed to maintaining departmental arrangements that produce outcomes that are, so far as is reasonably practicable, at least as good as those required by UK legislation.

I look forward to hearing what hon. Members have to say about the proposed changes.

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[The Chair]

I call the Minister.

[Richard Harrington]

I am not trying to flatter the shadow Minister, but I work with him a lot and listen very carefully to what he has to say. Usually, the answers to his questions are extremely complex and I have to do my homework to understand them. However, in this case, my recollection of last week—I will ask my officials for clarification—is that the Transfrontier Shipment of Radioactive Waste and Spent Fuel (EU Exit) Regulations 2018 were for the event of no deal only. Therefore, I do not believe his point is relevant; perhaps we will discuss that, but that is my understanding. It is a very constructive and, I am sure, well-researched point, but I think it misses the no-deal point—heaven forbid there is no deal.

[Dr Whitehead]

The citation and commencement of the regulations that we passed last week stated that they will come into force on exit day, whenever that is. Although that is when the SI will come into force, the revocation applies from when it is made, so it carries forward into legislation. That does not alter the fact that, although another SI will come into force on exit day, we are seeking to amend something that does not exist. Both statutory instruments come into force on exit day, regardless of whether there is no deal or a deal, because they have been made properly through the parliamentary process. If we pass these draft regulations, that is what will happen.

I am grateful to my hon. Friend the Member for Poplar and Limehouse for his intervention. We ought to think very carefully about whether we are able to proceed with these particular draft regulations, in the absence of a definitive view that, given what we know now, they are not defective and can be voted on and put in legislation.

[Richard Harrington]

It seems to me that last week we debated draft regulations, but they have not yet been made. That is why, respectfully, I do not think the hon. Gentleman’s point is valid.

[The Chair]

Order. I have sought advice on this point, and my understanding is that we can proceed.

[Richard Harrington]

If I may intervene again, Mr Bailey, I am certain that is the case, but if the shadow Minister wishes to have a meeting I will be very happy to put his mind at rest. It would involve going into details with lawyers and so on; I do not think I can do that now. Irrespective of what happens with the SI, I owe him that courtesy and will be very pleased to do that.

[Dr Whitehead]

I thank the Minister for that offer; I am sure I will take it up. Thank you, too, Mr Bailey, for your guidance on whether we could proceed. I thought we probably could. Nevertheless, what we end up with will not simply fall because it is contingent legislation; when exit day comes upon us, it will be defective because it amends something that no longer exists and therefore has no force. At the very least, it will be necessary to consider whether further legislation needs to be put into place to correct that before exit day. That is the minimum I would expect under the circumstances. It cannot just be brushed under the carpet; it is a serious issue relating to the force of the proposed legislation. Obviously, if we sit together and knowingly make legislation that does not work, we can at some stage be held accountable for that. Therefore, we need to take the matter very seriously.

[Richard Harrington]

If that were the case, it would be my responsibility and that of the Government, and not the responsibility of the hon. Gentleman, who has made his point very clearly.

[Dr Whitehead]

I thank the Minister. I personally take the view that we are all in this room together making this legislation and we all have an equal responsibility for making sure that it works, regardless of whether we are members of the Opposition or of the Government. My comments are made in that spirit, not in the spirit of opposition, because I want the legislation to work as well as possible.

[Richard Harrington]

rose—

[Dr Whitehead]

I have not yet come to the substance of what I am going to say, but I will give way.

[Richard Harrington]

For the record, I accept that comment in the spirit in which the shadow Minister made it. I did not think for one moment that it was a political point. He has made a very valid point and I hope I have answered it, but I accept the fact and take responsibility for that.

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[Richard Harrington]

I thank the hon. Members for Southampton, Test, for Kilmarnock and Loudoun and for Poplar and Limehouse for their contributions. I will try to deal with the majority of their points.

I certainly respect the point made by the hon. Member for Poplar and Limehouse that the Opposition may feel it necessary to vote against the measure because, as the shadow Minister argued, it is invalid because it is contradictory. I fully respect that point, particularly given the Whip’s guidance. As you will know from your long parliamentary experience, Mr Bailey, one tends to do what Whips advise one to do, and that is particularly true in the case of the hon. Member for Blaenau Gwent. I will try my best briefly to dissuade them.

First, I will try to put to bed the point about the impact assessment, which was mentioned in the first version of the draft regulations but not in the second version. I think the difference was between the versions published on 13 December and 20 December. The decision was taken not to carry out an impact assessment simply because it was viewed as de minimis. There is a de minimis threshold of £5 million. The instrument makes no changes that would involve a significant impact on business, charities, voluntary bodies or the public sector, so we decided not to carry out an impact assessment. That was quite within the rules. I apologise for the confusion, but we had to take a decision, and that is what we decided. Hon. Members may disapprove of that, but there is no impact assessment because the impact is de minimis. It is not the case that there was one and we did not like it so we thought it should be hidden.

I think I answered in interventions the point about contradictions in the legislation. That may or may not be acceptable to the Opposition, but there is no point in my repeating it.

I turn to the point about dose limits for emergency workers’ exposure to radiation. I think everyone shares the intention of ensuring that that does not happen, but if it does the rules are very clear. The whole thing really is very complicated. It is certainly true that planning for an emergency scenario is very different from planning for a normal work scenario. The 500 mSv limit applies only in the circumstances set out in paragraph 8(1)(a) and (b) of the schedule. I do not think the IAEA was thinking only of catastrophic scenarios; I think it was generally allowing for lawful exposures with the intention of reducing harm. That is a very relevant point, but it is very complicated.

I am afraid I gave up physics at the age of 16, for the very good reason that I had failed my exams in it, but the dose limits in the Ionising Radiation Regulations 2017 apply generally to work with radiation. Paragraph 8(1) of the schedule disapplies them in the case of an emergency, because they could cause the employer to commit a criminal offence in dealing with such emergencies. That is why it sets a reference level appropriate to emergencies.

[Dr Whitehead]

I have given my speaking notes to Hansard, so I have to do this from memory, but does the Minister consider that the regulations as they stand give effect to what is in the IAEA definition of exposure to radiation—the knowledge and understanding that is required, and the informed consent that must be given if that high level of radiation is to be permitted under those circumstances? I cannot see anything in the regulations that says that, and I would be interested if the Minister could point me to anything in the regulations that requires that informed consent to be provided for under those circumstances, as is set out in the IAEA regulations.

[Richard Harrington]

I consider my response satisfactory and I am prepared to write to the hon. Gentleman on the specific point he brought up. He did very well without his speaking notes.

Returning to the 500 mSv reference level, it transposes an EU directive and brings us into line with international standards. Those might not be the right standards, although we think they are, but it is certainly absolutely in line with them. It is meant as a reference level for planning purposes, and reflects an upper limit. It does not mean that that level is acceptable or normal, but it gives an upper limit. The goal in any emergency plan is, of course, to minimise exposure—that is the whole purpose of the draft regulations—but regulations must set a ceiling, and the definition of an emergency would include doses far below that level.

Repeating the point that the hon. Member for Kilmarnock and Loudoun, the SNP spokesman, made, the levels are intended to apply to an emergency situation. Any operator regularly exposing the public to nuclear emergencies would face other sanctions from the appropriate authorities. It is not just these draft regulations that would be relevant in such a case.

I hope that I have explained the points that were brought up by Opposition Members. Despite those points, I certainly in every way commend the draft Carriage of Dangerous Goods (Amendment) Regulations 2019 to the Committee.

Question put.