Dalgety Bay Radiation

Lord Robathan Excerpts

Wednesday 6th March 2013 Commons Chamber

[The Minister for the Armed Forces (Mr Andrew Robathan)]

I congratulate the right hon. Member for Kirkcaldy and Cowdenbeath (Mr Brown) on securing a debate on Dalgety Bay once again. We last discussed the subject in November 2011, and I visited the bay on 31 January last year. I walked on the beach and met local residents in the sailing club and heard about its problems. I also met Professor Curran, the chief executive of the Scottish Environment Protection Agency. I understand furthermore that the right hon. Gentleman had a meeting with the Secretary of State for an hour and more on this particular matter, so I do not think it is fair to say, as he suggests it is, that my Department has ignored the issues at Dalgety Bay, as we have not. Neither, for that matter, have we ignored the concerns of the local community and nor has the Ministry of Defence abdicated its responsibilities or sought to delay a decision on who is the polluter. I welcome the opportunity to explain how the MOD has actively been supporting SEPA over the last year or so.

The Department has actively supported SEPA in fulfilling its statutory duty to inspect the area of concern. I am afraid that this is more than can be said of other parties who have had an interest in either the former Royal Naval Air Station Donibristle or indeed in the foreshore. That includes the developers mentioned by the right hon. Gentleman, who have some responsibilities in this regard. Similarly, we have not acted inconsistently in our approach to sites that we formerly owned across Scotland.

The right hon. Gentleman mentioned Almondbank, which is a going concern. It is still operating, and we have a commercial contract which states that we will hand it over after clearing up contamination. That is rather different from the situation in Dalgety Bay.

[Mr Gordon Brown]

Is the Minister saying that the only reason he is taking no action on Dalgety Bay is that he has no such commercial contract in that instance?

[Mr Robathan]

I will explain why we dispute much of what the right hon. Gentleman has said in a moment, but there is one thing that I particularly dispute. I know that when he was Prime Minister, and indeed when he was Chancellor of the Exchequer, he was very profligate with public money. He was very willing to spend it, and then to leave us in the appalling financial condition in which we now find ourselves. I must tell the right hon. Gentleman that we take a rather more parsimonious and sensible view than I think he did when it comes to the spending of our constituents’ money.

[Thomas Docherty]

My right hon. Friend mentioned the issue of aircraft carriers. Does the Minister regret blowing £100 million on two U-turns?

[Mr Robathan]

I think that you would rule me out of order if I pursued that point, Mr. Speaker, but, as the hon. Gentleman knows, it was not the actions of a Conservative Government that led to the rather ridiculous contracts for the aircraft carriers, which we have been trying very hard to tie down in many ways.

SEPA is the lead regulator in Scotland in relation to all matters pertaining to radioactively contaminated land. Notwithstanding that, my Department has undertaken voluntarily to assist SEPA and to deliver the necessary site investigation. That is in addition to the monthly beach monitoring, and it demonstrates how seriously we are taking the matter.

It is worth repeating that, in the opinion of the Health Protection Agency, the risk to beach users remains very low. The agency is on record as stating that the risk of contracting a fatal cancer is less that 1 in 100 million, which is significantly lower than the level that the Health and Safety Executive considers to be the upper limit for an acceptable level of annual risk for members of the public. Recent investigations of the incidences of cancers in the Dalgety Bay area appear to support the HPA’s assessment. I note the recommendation of the Committee on Medical Aspects of Radiation in the Environment—which was mentioned by the right hon. Gentleman—that remediation should proceed, but this is a matter for SEPA, and it needs to be reviewed in the context of the risk posed.

[Lindsay Roy]

Is the Minister saying that this is some kind of modern hysteria, and that there is no real issue on the Dalgety Bay foreshore?

[Mr Robathan]

I am saying that the risk to health is extremely low. That is not my judgment, because I am not a scientist; it is the judgment of the Health Protection Agency and others.

As part of the monthly monitoring, contractors working for my Department have recovered and removed radioactive items from the foreshore, thereby ensuring that any potential risk is as low as reasonably practicable. We adopted that precautionary approach because it was consistent with the advice given by the Health Protection Agency, and provided a suitable safeguard while SEPA undertook its inspection. However, there appears to be a concerted effort in the media to circumvent SEPA’s statutory inspection by raising anxieties unnecessarily and calling for remediation. The press reporting of the recent investigations of cancers in the area appears to be a particularly egregious example. When I visited the area, the sailing club informed me that it seemed likely that it would have to cancel a regatta owing to heightened concern arising from media reports that did not reflect the low level of risk, and that people were unlikely to visit because they had read those reports.

The proper course of action is to allow SEPA to complete its work and form an opinion on whether any of the land meets the statutory definition of radioactively contaminated land, on what needs to be done, and on who is responsible.

We should bear it in mind that the royal naval air station at Donibristle was closed in 1959, 54 years ago, when the right hon. Gentleman and I were in short trousers and some Members of Parliament had not even been born. The publicly available records show an organised and systematic rundown of the various site activities, with a focus on the salvage and sale of assets. As the right hon. Gentleman will know, the statutory regime requires that, if land is deemed to be radioactively contaminated, it is necessary to consider all the actions of later parties which may have contributed to or caused contamination. The subsequent redevelopment for housing as part of the Dalgety Bay new town, together with the construction of what is now the boat park and sailing club, would have involved significant demolition, site clearance, infilling and land reconfiguration. This is supported by contemporary photographs and plans. Indeed, a refuse tip appears at what is now the headland in the 1964 Ordnance Survey plan, which was approximately five years after the developer took over the land. It is the areas of the headland and boat park where radium has been identified, and that could go some way to explaining either the current or historical occurrence of such material on the beach.

The presence of demolition material, including bricks, roofing material and other debris, is consistent with the demolition and site clearance that preceded the redevelopment of the Donibristle site. There is no documentary evidence that the MOD attempted to clear the land through demolition.

My officials have previously raised concerns as to whether “designation” of the land is appropriate. While I fully recognise that the very mention of radioactivity gives cause for concern among some of the right hon. Gentleman’s constituents, the current view held by the Health Protection Agency remains, as I have already stated on at least two occasions, that the risk is very low.

Nevertheless, given that items, often referred to as “particles”, with a relatively high level of radioactivity were found beneath the beach in October and November 2011, the HPA felt there was a need for a detailed risk assessment. The comprehensive investigation undertaken by my Department, the results of which are to be released very soon, will enable SEPA to undertake a full and conclusive assessment.

[Mr Brown]

Will, therefore, the investigation report, which is the basis on which SEPA will be able to make the decisions, be before the Dalgety Bay Forum when it meets next Monday? Otherwise, we will face considerable delays before this report can be examined. Will the Minister also accept that, despite all the information he is trying to give us, SEPA has already said its investigation has not indicated any other persons who may have introduced radium to the location?

[Mr Robathan]

First, there has indeed been a delay. One of the problems was with accessing some of the land, which delayed things. I understand that SEPA has yet to publish the analytical data, which delayed our factual report, but we are meeting with SEPA on 14 March, which will be next—

[Mr Speaker]

Thursday.

[Mr Robathan]

Yes, Thursday. Thank you, Mr Speaker. At that meeting we will hand over the factual report and discuss the way forward. I will not say that will take place on Monday, but it will take place next Thursday. [Interruption.] Indeed, it would be possible to move the meeting of the Dalgety Bay Forum.

So my officials have already agreed to meet SEPA on 14 March to ensure the prompt transfer of the factual findings. It will then be for SEPA to make its determination as to whether or not any land at Dalgety Bay meets the requirements for designation as radioactive contaminated land, based on all the scientific and technical evidence.

My officials have raised a number of concerns with SEPA in connection with its approach, in order to provide clarity on the MOD’s position and avoid any future misunderstanding. These included, for example, the lack of consideration of activities other than those of the MOD that could have caused, or knowingly permitted, the contamination to be present within the foreshore. SEPA confirmed that it was now carrying out an investigation to identify all the potential appropriate persons, should any land at Dalgety Bay be designated as radioactive contaminated land.

In conclusion, I am as keen as the right hon. Gentleman for the issue of contamination at Dalgety Bay to be resolved to the satisfaction of all concerned, and I do understand the concerns of his constituents—who would not be concerned? However, the risk remains very low.

The right hon. Gentleman contends that the MOD has a responsibility for remediation, but this is not his determination to make. I should point out that, perhaps, for some 13 years it could have been his determination to make, but he did not choose so to do. It is for the professionals at SEPA to establish the need for remediation and who is liable for the cost, based on a proper scientific and technical assessment. However, we have assisted, and will continue to assist SEPA in every way possible.

In closing, may I say how pleased I am to see the right hon. Gentleman in the House?

Question put and agreed to.