Scotland: New Nuclear Power Generation

Lord Wigley Excerpts

Tuesday 18th March 2025 Lords Chamber

[Lord Hunt of Kings Heath (Lab)]

My Lords, there has been a reset and we have been in close discussions with the Scottish Government on a number of energy matters, but the fact is that the Scottish Government are opposed to new nuclear development. I agree with the noble Lord—and Anas Sarwar said it too—that the refusal to allow new nuclear power plants is costing Scotland billions in investment and thousands of jobs, which will go to England and Wales instead. I agree with that, but the fact is that we are dealing with the Scottish Government, who, at this stage, are not prepared to go for new nuclear.

[Lord Wigley (PC)]

My Lords, in view of the difference of opinion on nuclear power in Scotland, demonstrated by both the Minister and the noble Lord, Lord Foulkes, will the Minister accept that, in Wales, there is a widespread wish to see the former nuclear power stations of Wylfa and Trawsfynydd being used? That brings together the Labour Government in Cardiff and the Plaid Cymru-run local governments in Anglesey and Gwynedd. Given the strong feeling that this should happen, not least in the context of medical isotopes, can the Government give particular attention to bringing investment to those two sites?

[Lord Hunt of Kings Heath (Lab)]

My Lords, the department rejoices in the approach of the Welsh Government, and indeed of the noble Lord. I well understand the potential for new nuclear developments in Wales and think it is a tragedy that the proposals in Wylfa did not go ahead. The noble Lord knows that, in the siting policy currently in play, Wylfa is listed as a site of great potential. The new siting policy is more flexible, but, undoubtedly, Wylfa in particular still has great potential.

Great British Energy Bill

Lord Wigley Excerpts

Report stage
Tuesday 11th February 2025 Lords Chamber

[Lord Hunt of Kings Heath (Lab)]

My Lords, in moving Amendment 27 I will speak also to government Amendments 28 to 32 and 34. They relate to Clause 5 and the role for the devolved Governments in developing the Secretary of State’s strategic priorities for Great British Energy.

Clause 5 currently requires the Secretary of State to consult respective devolved Governments before including any references to matters within devolved competence in a statement of strategic priorities. Throughout the passage of the Bill, and through positive discussions with devolved Government Ministers, the case has been made to me and my ministerial colleagues that this requirement to consult should be changed to a requirement to obtain the consent of the devolved Governments.

Clearly, it is fundamental to the success of Great British Energy that it can operate across the UK. These amendments, to require the consent of the devolved Governments in relation to matters within devolved competence in a statement of strategic priorities, demonstrate our commitment to close collaboration and a resetting of relationships with the devolved Governments.

As I have previously set out to your Lordships’ House, Clause 5 is not a power to legislate in respect of devolved matters but rather enables the Secretary of State to provide Great British Energy with guidance on where the company should focus its activities. It is clear that we need to work together across the UK to achieve net-zero ambitions and drive economic growth. Given this, and the strength of feeling on this issue in the devolved nations, we have agreed with the devolved Governments to bring forward these government amendments.

I want to state for the record, on the related matter of Clause 6 and the process for issuing directions, our view that, where a direction relates to a matter that is within the legislative competence of one or more of the devolved legislatures, the relevant devolved Government would be considered an appropriate person under Clause 6(3)(b) and would therefore be consulted before a direction was issued by the Secretary of State.

I am pleased to share with the House that Motions for legislative consent for the Great British Energy Bill have been passed by the Senedd, the Scottish Parliament and, this morning, the Northern Ireland Assembly. This is good progress, and I hope noble Lords will agree to support these amendments. I beg to move.

[Lord Wigley (PC)]

My Lords, I welcome the progress that has been made on these issues. There will be times when there may be differences of opinion, but on devolved matters it is right that the devolved authorities should have the proper say. I welcome the change being proposed by the Government.

[Lord Offord of Garvel (Con)]

My Lords, I thank the Minister for tabling these amendments on devolution, which I welcome. They follow concerns that we raised in Committee. I emphasise that it is important that consultations on devolution are published. Amendment 27 proposes a significant change to the current wording of Clause 5, and we agree that we need to move away from “consult” to “consent”.

The key tenet here is the Sewel convention, which we know well in this House. It is not a trivial matter of semantics; it reflects the principle that the devolved Administrations must have a genuine say in matters that affect their legislative domain. At the end of the day, the Scottish Parliament in particular has responsibility for significant aspects of energy policy, including renewable energy, energy efficiency and environmental protection. We have mirrored that in Amendment 29 for the Welsh Government.

All in all, we think that by requiring consent from the Scottish and Welsh Governments we can ensure that the energy priorities are developed in a way that respects the distinct needs and perspectives of each nation. I urge the Government to monitor those relationships carefully.

Great British Energy Bill

Lord Wigley Excerpts

Report stage
Tuesday 11th February 2025 Lords Chamber

[Lord Hamilton of Epsom (Con)]

I will speak to government Amendment 8 about community energy supplies. The noble Baroness, Lady Bennett of Manor Castle, said that, when she was at Eton, there was nobody there who wanted to have a small modular nuclear reactor near to their home. This is something that I think may be more widespread than just Eton. I suspect that many people will be looking at the value of their houses and thinking that if they have a small modular reactor power station nearby, the value of their house may drop.

Therefore, I ask the Minister whether his idea of community energy supplies includes offering either cheap or free energy to people who live in the locality. That would make an awful lot of difference to the acceptability of SMRs—I once again declare my modest shareholding in Rolls-Royce—because then you might well have a situation where a buyer of a house that is slightly close to a small modular reactor gets a deal for either cheap or free energy. It is very important to make these things acceptable to people in the locality. I suspect that, if it is possible for the people who are putting in the small modular reactor to say to people locally that they can have cheap or free energy, that may well go an awful long way to making these things acceptable in a way which they otherwise would not be.

[Lord Wigley (PC)]

Before the noble Member sits down, will he address the point that many of the sites that have been earmarked for SMRs are existing nuclear sites? Any effect on property values has probably already happened, and those sites clearly have an appeal for such SMR projects.

[Lord Hamilton of Epsom (Con)]

I totally accept that fact, and people have certainly got used to having much bigger reactors on those sites and so will not worry about it. I have ambitions, though, for SMRs that go way beyond existing sites. There are not that many of them in this country, and I hope that we will have an awful lot more. When I come to move my amendment later on in the evening, I will be making reference to the fact that we might have a small modular reactor for specific purposes.

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This amendment puts it to Parliament: do we want a slavery-free green transition, or are we content to allow the Government’s objectives to be achieved through forced labour in a state accused by the House of Commons of genocide? It should be inconceivable that the UK, which did so much to end the scourge of slavery around the world, would today accept or be willing turn a blind eye to products made by a state with an imposed system of forced labour. Good does not rest on the shoulders of a wrong. I beg to move.

[Lord Wigley (PC)]

I intervene very briefly to support the amendment that the noble Lord, Lord Alton, moved. I thank him for the campaign he has run on this issue for several years now, and for the way he has defended those who are enslaved or used in other countries—China in particular, but in other parts of the world as well. It is right and proper that we bear this in mind when we legislate and when we set up an organisation of the sort we are discussing.

I do not think that any of us, in any party in this House, would want to see us benefiting from the sort of suffering that has happened in other countries. The noble Lord mentioned China, but there are other countries where this happens. It is a consideration that should come into the deliberations we have as we build a new organisation with immense responsibilities and resources at its disposal. Those should not—in any shape or form—be used to support people who are being exploited in the way that they are in some overseas countries. I have no doubt that the Government would agree with that as an approach; the question is how we turn it into practice.

In supporting this amendment, I say that I too have links with Siemens. I am sure that we would not want to paint it with a brush of what happened during the war. Many other companies that have emerged in the post-war world would not want to have too much exploration of what happened during the Nazi regime. Having said that, I very much hope that there is some way in which the Government can respond to this amendment and that some guidance can be given to Great British Energy to ensure that no advantage is taken of those who are not in a position to defend themselves.

[Baroness Bennett of Manor Castle (GP)]

My Lords, I offer Green support for Amendment 18 in the names of the noble Lord, Lord Alton, and a range of other distinguished Members of your Lordships’ House. I will also speak to my Amendment 19, which goes further than the amendment from the noble Lord, Lord Alton, but which demonstrates just how moderate and reasonable his amendment is. Your Lordships’ House, the British Government and many parts of British society have long expressed their absolute horror at modern slavery, so surely we can put this into this important Bill, where it is such a crucial issue, as the noble Lord, Lord Alton, identified.

The noble Lord mentioned the Democratic Republic of the Congo and how the issues of modern slavery there, as well as child labour amounting to modern slavery, are very much an issue in terms of the energy supply chain. My amendment refers to

“credible evidence of deforestation or human rights abuses”.

I will take human rights abuses first. Much of what is happening in the Democratic Republic of the Congo might not fit the definition of modern slavery, but it absolutely fits the definition of human rights abuses. I note that I was at a briefing today with the DRC Foreign Minister, Thérèse Kayikwamba Wagner, who gave us the news, which has since been more widely reported, that, sadly, the ceasefire that had been called in the eastern Congo had been broken by M23, backed by the Rwandan Government. We have already seen nearly 3,000 people killed and some 3,000 people injured, and we heard from the Foreign Minister that, sadly, they expect those figures to rise very significantly. These are violent human rights abuses—there is simply no other term.

To tie this to the Great British Energy Bill, it is worth noting that the DRC produces 70% of the world’s cobalt, yet it somehow disappears without trace and reappears out the other side as legal, apparently appropriately sourced material, without any traceable chain to account for that. Of course, the people of the Democratic Republic of the Congo do not benefit financially from that. It is others—damaging, dangerous, aggressive forces—who benefit from it.

I wrote the amendment in this particular way because it goes back to the passage of what became the Environment Act, during which a number of noble Lords here today had much the same debate, with the tying together of deforestation and human rights abuses. One of the issues here is that indigenous people are responsible for protecting huge amounts of the world’s forests, and abuse of their rights is very much tied to the destruction of deforestation. I will note just one stat: if deforestation was a country, it would be the third-largest emitter of carbon behind China and the US. Much of that deforestation is of course linked in particular to agriculture. But in the DRC and parts of Latin America in particular, mining and deforestation are intimately linked.

So, your Lordships’ House has before it two amendments. I do not plan to push mine to a vote, but I offer the Green Party’s strongest support to the noble Lord, Lord Alton, for his amendment. How could we not vote to ensure that there is action on modern slavery?

Great British Energy Bill

Lord Wigley Excerpts

Committee stage
Tuesday 3rd December 2024 Lords Chamber

[Lord Wigley (PC)]

My Lords, I apologise for coming in late. I am here at the behest of the noble Baroness, Lady Finlay, who apologises to the Committee that she cannot be here to speak in support of Amendment 91, proposed by the noble Lord, Lord Alton. I very much support the points that he made.

The noble Baroness has asked me to make a brief contribution to the debate. I wholeheartedly agree with the points she has asked me to raise. These relate mainly to the importance of tidal power in both its devices, which we heard analysed a moment ago. Tidal range is one part of the possibility of creating tidal power; tidal stream is the other. Tidal stream has not yet been well developed and that could be something for the future, but tidal range most certainly has been. There is a predictability about it which gives it a tremendous advantage.

Tidal range devices use water height. The differential between high and low levels in the Severn, for example, is an enormously important factor. Using the same principles, there are locations suitable for lagoons as well—certainly around the coastline of Wales, in Swansea Bay and up around Anglesey. I understand that the Marine Energy Council recommends reaching a gigawatt of tidal stream capacity by 2035. This would be an enormous contribution.

The noble Lord, Lord Alton, spoke about the possibility that 7% of the UK’s electricity needs could come from the Severn Barrage. That would have the advantage of providing very important construction work, which could make a massive contribution to the south-east Wales economy. Given what has happened recently to the steelworks in Port Talbot, those jobs are very much needed. I hope that the Government will look seriously at this.

The case for this type of electricity generation is overwhelming. I hope the Government will give it the attention it deserves.

[Baroness Hayman (CB)]

My Lords, I rise very briefly, first to declare my interest and secondly to comment on some of the amendments in this group.

I have sat in the Minister’s chair, so I understand that he will not want to add a long list of exclusions or inclusions to the objects of the Bill. Even with that in mind, I hope that he will have listened carefully to the issues that have been raised. They are important and there is a theme to them.

I support the comments of the noble Baroness, Lady Boycott. Two issues have come out of the debate for me. The case for energy efficiency, insulation and heat pumps was made very powerfully by the noble Baroness, Lady Grender, and the noble Earl, Lord Russell. It is important that GB Energy looks to how it can provide a long-term, consistent environment for the policies that each Government pick up and put down. Industry, which has to be a key partner, finds this so frustrating and retrenches from investing in the skills training and expansion that are needed if we are effectively to retrofit the millions of homes in this country.

As we said in the debate on a Question earlier today, this is important not only for carbon reduction. We saw what happened from 2014: emissions from buildings fell by two-thirds after the change in policy. It is therefore really important that someone is boosting this and making sure that it is there for the long term to provide that stable environment. GBE will be in a position to do that, particularly if it is tied in with what we discussed in the Question earlier about the planning framework, again providing a clear and consistent road map for those who will need to invest in this.

The other thing that came out of the debate was that we have to be innovative, look to our strengths and be open-minded about sources of renewable energy. We have to understand that some of those sums that we had in our heads 20 years ago, about the cost of wave power, tidal power or whatever, have changed. They have changed financially but also in other dimensions, such as energy security and our priorities in energy. It is important that GBE is in there supporting those things.

I absolutely support Amendment 17. It may not be for the Bill but, as part of the innovative thinking we need from GBE, we need to look at such things as financial instruments. When we know that solar panels or heat pumps will pay off over the years but people are not going forward with them simply because they cannot afford the capital expenditure, it is important that we look not only at upping the government grant—helpful though that is in some instances. Houses can have mortgages on them for 10, 20 or 30 years. The costs of that investment can be spread in other and innovative ways, so I hope that the Minister can respond supportively to that amendment.

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[Lord Ravensdale (CB)]

My Lords, I declare my energy interests in the register. I will speak to my Amendment 19 and I thank the noble Baroness, Lady Noakes, for her support of that amendment. This amendment is very straightforward and we have had some discussion already in the second group around cost and the importance of cost and reflecting that, but I will put a bit of a different slant on that.

Noble Lords will be very familiar with the energy trilemma and balancing the competing demands of cost, sustainability and security. Any public organisation that has energy system responsibilities should be focusing on and balancing these objects. We look at NESO, for example. This was set up in the Energy Act 2023 with a cost, sustainability and security duty. Likewise, Ofgem has cost and security considered in its consumer duty and a sustainability duty was added as part of that 2023 Act as well.

However, when I reviewed the objects—I was very grateful for the education provided by the noble Lord, Lord Vaux, on the difference between objects and objectives and that is certainly something we need to come back to—cost was conspicuous by its absence. My first point is that we really should be considering system alignments and consistency across all those UK energy system organisations in terms of their objects and duties. Cost, sustainability and security should be running as a golden thread through all of them so that all those organisations are aiming at the same thing. Great British Energy is a central player in the energy system. It will be making significant investments of public money and aiming to crowd in private investment. Through these investments it will presumably be aiming to lower the cost of energy, which is a key government objective, as well as decarbonisation and security objectives.

My second point is on the importance of cost. We have already heard about the UK having the highest industrial electricity prices in the developed world. They are now four times those in the US. This not only has the obvious impact on bills but is a real brake on growth. I have spoken to a number of industrial companies recently which want to set up in the UK but cannot make the numbers stack up in their business cases because of our high electricity prices so are taking their business elsewhere. For the Government to achieve their number one mission of economic growth, they need to have a laser focus on reducing electricity prices and I know the Minister and the Government are very focused on this area. I hope the Minister can consider this small change and come back with a government amendment on Report which would really help align GBE with the critical priorities of the Government.

My Amendment 34 seeks to clarify the definition of security of supply. I look at Clause 3 and can see clear definitions for “clean energy”, “distribution”, “fossil fuel” and “greenhouse gas” but cannot see a definition for “security of supply”. Noble Lords have made the point in earlier debates about the importance of energy security. It is important to clarify this term: first, because the definition can be very broad; and, secondly, because it can mean different things to different people.

I have some personal experience here in that I recently chaired an energy security task force for the Midlands region and we spent a fair bit of time debating what we really meant by energy security. It is not as straightforward as it first appears. Many when considering this term would jump straight to fuel security and having sovereign energy so that we are not dependent on foreign states and can avoid the energy price spikes that we saw following the invasion of Ukraine. Of course, there is also price predictability: we could have fuel security but volatile prices remain. System reliability is also key so that people can access energy when they need it. Cybersecurity and physical security are other important aspects.

It is very important that in the primary legislation we are clear on what is meant by terms and help guide stakeholders, including business and industry, on how GBE will undertake its duties. I would welcome some further engagement with the Minister on how the Government would define this term and I again hope that he can consider this and come back with a government amendment on Report.

Finally, my Amendment 20 relates to local area energy planning. Great British Energy could play a really important role in energy system governance and I have been encouraged to hear from the Government the renewed focus on local planning, with a potential role for GBE in local power plans and local area energy plans which could bring in the focus on community energy, spoken to earlier by the noble Earl, Lord Russell, and the noble Lord, Lord Vaux.

Given the role of GBE, the Government have an opportunity with the Bill to set out in more detail how energy system governance will work at a local level. The story of net zero so far has been a top-down one—in essence, central planning from the Government, which needs to be done—but that transition will not succeed unless this is matched by a bottom-up governance approach from local areas to regions to the national level. So much of the knowledge rests in those local areas; for example, the condition of housing stock relating to energy efficiency measures, and local energy infrastructure.

Local area energy plans could be the foundation of how energy system governance is planned and undertaken at a local level. The issue we have seen over recent years with local area energy plans is their patchwork nature. We have many in place but with varying levels of quality and robustness in how they are set out within local authorities. I note that only 31% of local authorities are covered by local area energy plans. These plans need to be delivered to a consistent standard, with robust data and analysis, and consideration should also be given to how this can be aligned to meet the input requirements necessary for regional energy strategic planning to undertake that flow-up of governance.

Three things are needed: guidance from government on what a local area energy plan is, as has already been set out in Wales; funding for stretched local authorities to develop these plans; and an oversight function to co-ordinate and ensure that those local plans are joined up. There is a really good opportunity here. If GBE is the organisation that is going to take on all or some of those roles, setting that out in the Bill would be an excellent step forward in firming up that crucial local governance function to stakeholders, and unlock local planning of energy. I would be grateful if the Minister could perhaps give us more detail on the role of Great British Energy in this area.

[Lord Wigley (PC)]

My Lords, I will just intervene very briefly indeed in support of the noble Lord, Lord Ravensdale, with regard to Amendment 34 and the question of system reliability. In my previous incarnation I represented a constituency that had the Dinorwig pumped storage scheme. That scheme was brilliant in terms of being able to help guarantee the availability of electricity when it was needed. Half-time in the cup final was a traditional way of interpreting that, when there was a surge of demand. It had the capability of going from zero to full output in eight seconds.

The economic benefit of that is obvious in having a system that does not need to match the total maximum demand. The peaks of that graph are cut off and equalised in a way that makes a lower capacity, and therefore lower total capital investment, a viable proposition. The point I put to the Minister is this: a number of pumped storage schemes are being developed at the moment. There is a significant number in Scotland, including some of the larger ones, but they are also in Wales. They have been waiting for years to get the necessary information on which to base investment decisions. There is one using an old slate quarry hole in Talysarn in my former constituency. It is raring to go but, until it gets the details of the prices that will apply, it obviously cannot make an investment decision. We are talking about tens of millions of pounds, possibly hundreds of millions, and a benefit to the overall system.

In responding, can the Minister give any comfort by way of the timescale by when the framework for such decisions can be made? We really need to get on with it. I am quite sure that those in charge of Great British Energy will also need this information.

[Lord Hamilton of Epsom (Con)]

My Lords, I have always been a great supporter of small nuclear reactors, because it strikes me that they have the enormous advantage of supplying a locality and not getting involved, as the noble Earl, Lord Russell, said, with massive transmission costs. That would be all cut down, which has enormous advantage. Of course, Rolls-Royce is making small nuclear reactors to go into submarines, so we are probably better on the technology than most other people might be.

I have always had a worry that local people would react adversely to a planning application for a small nuclear reactor, because they would see it as devaluing their houses. Despite all-party support in Parliament, this will not stop local concerns raising their heads. I refer back to what the noble Earl, Lord Russell, said on that. I thought the answer was quite simply to offer people in the locality free electricity, and so immediately they would have an advantage. But from what the noble Lord, Lord Vaux, said when speaking to his amendment, that would not actually work. That is why I want to be absolutely clear about this. He seemed to say that wiring up all the local houses to the nuclear reactor—oh, he is shaking his head. Now I am confused. Could the noble Lord intervene and explain what he meant?

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[Lord Hunt of Kings Heath (Lab)]

I very much take that point. Clearly, my department is cognisant of costs. Much of our discussion with His Majesty’s Treasury on the resources made available obviously takes in those constraints. The point I made earlier is simply that we believe—and we are supported by NESO, the Committee on Climate Change and the OBR—that the best way to secure stable prices in the future is to charge on to clean power net zero.

[Lord Wigley (PC)]

Could the Minister give some comfort to those waiting to invest in pumped storage schemes about the timescale on which information will be available to enable them to do so?

[Lord Hunt of Kings Heath (Lab)]

My Lords, I cannot give the noble Lord chapter and verse today but will certainly write to him with what we can say in public.

Great British Nuclear: Modular Reactors

Lord Wigley Excerpts

Monday 2nd December 2024 Lords Chamber

[Lord Hunt of Kings Heath (Lab)]

My Lords, the noble Lord will know that we have already agreed internationally to go for a 2030 cut-off. I have had correspondence from the noble Lord and I know that others would argue that we should bring it forward, as the US has wanted to do. We are in very serious discussions about that.

[Lord Wigley (PC)]

My Lords, the Minister will know about the global shortage of radioisotope supply for treating cancer. Is he aware that the Welsh Government, in co-operation with the Egino company, have financed a feasibility study into establishing a radioisotope production plant on the existing Trawsfynydd nuclear site, to which the noble Lord, Lord Jones, referred a moment ago, and for which an SMR would be highly relevant? Does he accept that such a project would help meet the UK healthcare needs, facilitate valuable exports, help the existing nuclear site to be managed and provide much-needed high-grade jobs? Please will he link up with colleagues in Cardiff to see what can be done on this through GB Nuclear?

[Lord Hunt of Kings Heath (Lab)]

My Lords, I understand the point the noble Lord is raising. My department is exercised by the advantage that could be brought. We are in discussions with the Welsh Assembly Government and my colleagues in the Department of Health and Social Care. I cannot say at this stage whether we can bring this to a successful outcome, but I certainly see the merits in what he is arguing.

Energy: Welsh Government

Lord Wigley Excerpts

Wednesday 24th April 2024 Lords Chamber

[Lord Callanan (Con)]

The noble Earl makes an interesting point, and I am of course aware of the requirements of the heritage steam sector. We would be happy to take it up with the Welsh Government.

[Lord Wigley (PC)]

Does the Minister accept that over recent years, there has been immense frustration in Wales as projects involving tidal lagoons, floating offshore wind—as highlighted by the noble Baroness, Lady Wilcox, a moment ago—and inland hydro pump storage schemes have failed to progress, partly because of the split of responsibility between Westminster and Senedd Cymru? If the Government cannot get their act together, will they please devolve full responsibility to the Welsh Government, with the cash resources needed to drive forward these much-needed projects?

[Lord Callanan (Con)]

I am sorry that the noble Lord takes that attitude, because all projects across the UK are evaluated on the same basis. Of course, it is not possible to take forward every project, but the assertion that projects in Wales are somehow discriminated against is just not true. I could give him many alternative examples of projects in Wales—from nuclear, to hydrogen storage, to hydrogen allocation rounds, and CCUS projects—that are going forward.

Advanced Modular Reactors: Criticality Tests

Lord Wigley Excerpts

Tuesday 19th March 2024 Lords Chamber

[Lord Callanan (Con)]

I thank my noble friend for her question and her positive advocacy of Wales and the Welsh nuclear programmes. I suspect that the noble Lord, Lord Wigley, was going to ask me something similar —he may well still do so. The Government selected HTGRs for research and development purposes in the AMR R&D programme following analysis by the Nuclear Innovation and Research Office of the responses to a call for evidence. This analysis suggested that HTGRs are the most promising AMR technology for decarbonisation due to their ability to generate high-temperature heat and their high technology readiness levels.

[Lord Wigley (PC)]

My Lords, I very much agree with the noble Baroness, Lady Bloomfield, and the plea made by the noble Viscount in introducing this Question. I reiterate my support for Trawsfynydd and Wylfa and welcome the steps being taken there. Over the past four years Ministers have repeatedly stressed the role that the Government see for nuclear energy in the challenges of climate change, yet here we are again failing to put resources where they matter, particularly for enhanced safety and disposing of nuclear waste. Will the Government either come clean and admit that they are not fully committed to this next generation of nuclear technology or commit the necessary money to make this happen?

[Lord Callanan (Con)]

I am delighted to see the support from across the House for the contribution that Wales makes to our nuclear technologies, but I am afraid I cannot agree with the noble Lord. We are putting in substantial sums of money: £385 million into the advanced nuclear fund, £210 million to support the development of Rolls-Royce SMR design and up to £170 million for an AMR research, development and demonstration programme across three phases. I could go on with the levels of support; we are supporting most of these technologies.

Electricity Network Connection Action Plan

Lord Wigley Excerpts

Wednesday 22nd November 2023 Lords Chamber

[Lord Callanan (Con)]

The noble Lord is absolutely right: the FSO role is absolutely key, and we are progressing work on that as quickly as possible. It is really important to get it up and running, and relieve the responsibility from the national grid, which I think has had a number of conflicts of interest in this space.

[Lord Wigley (PC)]

My Lords, does the Minister accept that there is a pressing need for new interconnector links down the west coast of Wales to facilitate potential hydroelectric schemes? Is he aware of the uncertainty concerning the help to minimise the physical impact on houses nearby and on substations? Who will fund these payments, and who will determine the planning issues? Are the Government working in close co-operation with the Welsh Government to make sure that there is clarity on this issue and that they can move forward quickly?

[Lord Callanan (Con)]

Indeed, we are working with both the Scottish and Welsh Governments. There is tremendous public support for offshore wind; it has been our biggest expansion mechanism. But of course it requires a lot of onshore infrastructure as well, which is unpopular in the communities affected. There is a well-established planning process, looking at all these impacts, and we will continue to work with the devolved Administrations.

Strikes (Minimum Service Levels) Bill

Lord Wigley Excerpts

Consideration of Commons amendments
Thursday 8th June 2023 Lords Chamber

[Lord Thomas of Cwmgiedd (CB)]

My Lords, as this is the first occasion on which a devolution issue has arisen this week, let me make one short observation about the enormous contribution that Lord Morris of Aberavon made to devolution and to using and utilising devolution within the context of the United Kingdom. He can truly be regarded as a father of Welsh devolution and he made an enormous contribution to strengthening the position of Wales within the union.

I turn to my Motion. There are six brief points that I wish to make—and they will be brief, I must emphasise. First, this is not a reserved matter; I fundamentally disagree with the position stated by the Government. If we look at the reality of this Bill, it is not to do with employment rights; it is plainly to do with services in Wales and Scotland. Indeed, it covers the most important services that are devolved. The legislation therefore did require a Sewel Motion and, as we know, that has not been forthcoming.

Secondly, the fact that the Government are prepared to legislate without observing the Sewel convention is, I regret to say, another illustration of the ignoring of this convention and, more generally, the Government’s action in ignoring conventions that underpin our unwritten constitution, putting it in danger. Actions of this kind are imperilling the union, which is the bedrock of our constitution.

Thirdly, and more fundamentally, what is being done is undemocratic. The Scottish Parliament and Senedd Cymru are responsible and accountable for the very services for which this legislation is being brought forward.

Fourthly, the extension of this Bill to Wales and Scotland is bad for the people of Wales and Scotland. If we look at this as a matter of practical reality, the UK Government are the Government of England in respect of these services. They know nothing about education, health, ambulances or the fire service in Wales, or the relationships with staff and employees and how the services run. It is structured differently in England from how it is structured in Wales and Scotland.

Fifthly, I think that it is disingenuous again to say that employers in Scotland and Wales can choose whether to give a work notice. As the Minister in the other place made clear, it is not in the Government’s view a free choice. Employers must consider contractual public law and other legal duties that they have. If this Government’s view is right—I do not agree with it—there is the unspoken consequence of legal action against those who fail in their duties. That is a real threat to the Governments in Scotland and Wales and their ability to manage a service in a way that is in the real interests of the people.

Sixthly, and finally, what this Bill does, in applying its provisions to Scotland and Wales, is to take away power from those who have a responsibility for the management of the relationship and who are accountable to their electorate.

However, on this issue of devolution, the Government —as the Minister made clear just now—have not moved, and plainly do not intend to move, an iota. They maintain their characteristic disdain for devolution. They continue to legislate to override the devolution arrangements. I think that it can be said that they believe with a singular superiority that they know better what is right for Wales and Scotland than their democratically elected Governments and Parliaments do. They seem not to care for the long-term consequences of this persistent conduct.

For these reasons, although it is regrettable for our constitution, union and democracy, unless others urge me to take a different view, I see no point in seeking to divide the House on issues on which the Government do not appear to wish to engage. By using their majority in the other place, they can impose their will on Scotland and Wales, which the Governments and Parliaments of Scotland and Wales do not want.

[Lord Wigley (PC)]

My Lords, I will intervene very briefly, as I did at earlier stages of the Bill, having taken good note of the comments made by the noble and learned Lord, Lord Thomas of Cwmgiedd.

I press on the Government the question of the definition of reserved powers. This goes broader than this amendment and may be something that needs to be looked at in another context, in its own right. Under those circumstances, I accept the lead that has been given by the amendment of the noble and learned Lord, Lord Thomas, and I hope the Government keep the issue alive in their mind.

[Baroness Randerson (LD)]

My Lords, I thank the noble and learned Lord, Lord Thomas, for moving this amendment. I too will be brief. It is important to restate the principles involved here. The Bill is one of a series from this Government that trespass boldly—I would say foolishly—on devolution. The United Kingdom Internal Market Act, the Procurement Bill and the Retained EU Law (Revocation and Reform) Bill do so distinctly, but this Bill takes it to another level. The overwhelming majority of the list of services for which it seeks to set minimum standards and take control are devolved services, and the noble and learned Lord spoke about this. Add to this the Government’s habit of ignoring the need for legislative consent Motions and we are well on the way to a constitutional crisis, which this Government seem openly to invite.

Even now, the Government do not seem to have decided how to develop and impose minimum service levels. Back in March, the Constitution Committee expressed surprise at this in its report, and it is significant that we are still at this point in June. It is nonsense to imagine that the Government can impose minimum service levels, in effect from a distance, on a service for which they have no responsibility at any level, and, in the case of Welsh-medium education, for which they do not even understand the language in which the rules and standards are written.

As it stands, the Bill is unworkable and damaging. The noble and learned Lord’s original amendment, which was agreed by the House, sought to limit the scope of the Bill. The elegance of the new amendment is that it would allow the devolved Administrations to give agreement in the normal way.

In the different political climate of the past, in devolution as it used to be practised and operate, there would be discussions, co-operation, compromises and ultimately agreement between the UK Government and the devolved Administrations. There would be legislative consent Motions agreed before we agreed legislation here. The norms have gone and that is a serious problem for our future democracy.

Retained EU Law (Revocation and Reform) Bill

Lord Wigley Excerpts

Report stage
Monday 15th May 2023 Lords Chamber

[Baroness Humphreys (LD)]

My Lords, I shall speak briefly to amendments in this group tabled by the noble and learned Lord, Lord Hope of Craighead, to which I have added my name, and I thank him for introducing the amendments so clearly and comprehensively.

I am grateful to the noble Lord the Minister—or perhaps to the noble Baroness, Lady Neville-Rolfe—for the concessions the Government have brought to Report. The Bill is in a better state than when we first debated it at Second Reading, and many of the House’s concerns have been addressed, but there remain some significant issues pertaining to the Bill on which I hope that the Minister will look favourably.

The amendments deal with obtaining the consent of the devolved legislatures to the making of regulations that fall within their devolved competence, and equivalence of powers for Ministers where the provisions of regulations again fall within the devolved competence of the legislatures. It is clear that these amendments do not seek additional powers for the devolved legislatures; they merely secure those powers that the legislatures already have—powers devolved to them by this Parliament but which the Bill ignores or chooses to overlook.

One of my main concerns about the Bill in its original form was that it usurped the powers of this Parliament and those of the devolved legislatures, and this view was echoed across the House. In Committee, I was heartened to hear strong and powerful speeches from those on Benches across the House in support of the devolved Administrations and legislatures, and I thank those who spoke for their support.

The noble Baroness, Lady McIntosh of Pickering, reflected my view when she said—and I hope my précis of her comments does her justice—that she might not necessarily support a political party in power in a devolved legislature, but that her focus and support was on the legislature itself. I think that reflects the view of many in this House, and certainly those on these Benches.

In his letter to us, the Minister said that he had listened to the House and, in fairness, he has—to an extent. I hope he is still in listening mode and, as I said earlier, will be able to look favourably on these amendments.

Finally, as this will be my last contribution in debates on the Bill, I express my gratitude to the noble and learned Lord, Lord Hope of Craighead, for the part he has played in its progress and improvement. His leadership, knowledge of constitutional and devolved matters, forensic legal analysis of the Bill, and tenacity have made a massive contribution and have led us to where we are today. We have an improved Bill, and it can be improved further by the Minister accepting the noble and learned Lord’s amendments. In the event of him wishing to press any of them to a vote, he will have the support of these Benches.

[Lord Wigley (PC)]

My Lords, not having taken part in earlier stages, I will say no more than a sentence to thank the noble and learned Lord, Lord Hope, for proposing this amendment and to agree with the previous speakers about devolved powers.

[The Minister of State, Cabinet Office (Baroness Neville-Rolfe) (Con)]

My Lords, I too thank the noble and learned Lord, Lord Hope of Craighead, the noble Baroness, Lady Ritchie of Downpatrick, and other noble Lords who have contributed to this debate, to all the extensive and useful debates we had in Committee, and—this is important—for the useful engagement that has taken place on the devolutionary aspects of the Bill.

The Government have listened carefully to the concerns raised both in the debates in Parliament and by the devolved Governments and have tabled the government amendments in this group in response. Amendments 52 and 53 extend the power to make consequential provision under Clause 20 for the devolved authorities. Amendment 58 extends the power to make transitional, transitory and savings provisions under Clause 23 to the devolved authorities. These amendments will make the consequential power and the power to make transitional, transitory and savings provisions concurrent powers. This will enable UK Ministers and the devolved Governments—or both acting jointly—to exercise the powers in devolved areas.

The remaining government amendments, Amendments 54, 55, 56, 57, 59, 60, 65, 66, 67, 70, 71, 72 and 77, are consequential. They will remove the requirement for the devolved Governments to request the UK Government to make such changes on their behalf. Furthermore, these amendments will align these powers with the other powers in the Bill, which are also conferred concurrently on the devolved Governments.

I hope that noble Lords will agree that this is a meaningful change to the Bill that demonstrates the UK Government’s commitment to working collaboratively with the devolved Governments—which we talked about in Committee—and ensuring that the Bill works for all parts of the UK. Amendment 71 is a further technical amendment that I think everybody is happy with.

Amendment 17, tabled by the noble and learned Lord, Lord Hope of Craighead, is to Clause 7. As we have now extended the power to make consequential provision under Clause 20 on devolved authorities, he is right that it is no longer necessary.

I turn to Amendments 35, 37, 39 and 75, which relate to powers under Clauses 13, 14 and 16 and Schedule 4. Amendment 35 requires that the power to restate REUL cannot be used to restate it in areas of devolved competence unless the relevant parliament has provided legislative consent for the retained EU law to be restated. Amendments 37 and 39 place similar requirements on the power to restate under Clause 14, and on the powers to revoke or replace under Clause 16.

In essence, these amendments would carve out regulation within areas of devolved competence in the absence of legislative consent. As has been said, Amendment 75 similarly seeks to impose a requirement for a Minister of the Crown to seek legislative consent when using the powers on legislation within areas of devolved legislative competence. These amendments are unnecessary. The UK Government are committed to ensuring that the provisions in the Bill, including its powers, are consistent with the devolution settlements and work for all parts of the UK. Indeed, the majority of the powers in the Bill are conferred concurrently on the devolved Governments, which will enable them to make active decisions regarding their retained EU law.

It is not necessary to limit the use of the powers within areas of devolved legislative competence by requiring UK Ministers to obtain legislative consent. Rest assured, the concurrent nature of the powers is not intended to affect the devolution settlements, nor to influence decision-making in devolved Governments. Rather, it is intended to reduce additional resource pressure on the devolved Governments by enabling the UK Government to legislate on behalf of a devolved Government where they do not intend to take a different position.

Let me move on and address Amendments 41 and 46, eloquently spoken to by the noble Baroness, Lady Ritchie of Downpatrick. Her amendments would restrict the exercise of the powers to revoke or replace and the power to update. They require that any replacement instruments could not effect substantial policy change relating to human rights, equality or environmental protection that has effect in Northern Ireland. The Government intend to maintain the UK’s leading role in the promotion and protection of human rights, equality, the rule of law and environmental protections. We are proud of our long and diverse history of freedoms. The Government do not intend to undermine our hard-won human rights, equality and environmental legislation through the exercise of these powers. I should perhaps add that we are committed to ensuring the UK’s compliance with our international obligations, such as our human rights obligations. I therefore do not judge that the proposed restrictions to this clause are necessary.

Amendment 61 in the name of the noble and learned Lord, Lord Hope of Craighead, is no longer necessary in the light of the amendments that the Government have tabled in relation to Clause 23.

Finally, I turn to the noble and learned Lord’s latest amendment, Amendment 72A. It relates to Amendment 76, which we discussed in the previous grouping and which seeks to insert a new paragraph in Schedule 4 to the Bill. As Amendment 76 has fallen away, this amendment is now redundant.

Let me say that we have come a long way on this part of the Bill, as has been acknowledged on all sides. For all the reasons I have outlined, I ask that these amendments be withdrawn or not pressed.