Nuclear Safeguards Bill

Baroness Featherstone Excerpts

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

Moved by

[Baroness Featherstone]

1: Before Clause 1, insert the following new Clause—
“Associate membership of Euratom
(1) In negotiating and concluding an agreement in accordance with Article 50(2) of the Treaty on European Union on the future of nuclear safeguards in the United Kingdom, Ministers of the Crown must have regard to the desirability of becoming an associate member of Euratom.(2) The Secretary of State must lay before both Houses of Parliament a written statement detailing the progress towards achieving the negotiating objective under subsection (1)—(a) one month,(b) five months, and(c) nine months,after the passing of this Act.(3) In the event that the United Kingdom becomes an associate member of Euratom, sections 1 and 2 of this Act cease to have effect.”

[Baroness Featherstone (LD)]

My Lords, I am sure that the Minister, in listening to the Second Reading debate in this House, could not have failed to get the message that leaving Euratom, necessitating the re-creation of its safeguarding capabilities and duties in another body set up to mimic it exactly, is an absurdity and a folly. If he were in any doubt, around 11 pm last night a number of noble Lords—among them, my noble friend Lord Teverson and the noble Lords, Lord Hunt, Lord Warner and Lord Carlile—let him know their opinion of this matter, too.

There was no vote to leave Euratom. Euratom is separate from the EU. Of course, we benefit from our membership, with Euratom regulating the civil nuclear industry, including safeguards for nuclear materials and technology, disposal of nuclear waste, ownership of nuclear fuel, and research and development. Despite our disputing the actual legal necessity of leaving Euratom, the Government are going ahead with the Bill as a failsafe. Amendment 1 seeks to attain associate membership of Euratom. We sought in our original amendment to retain full membership, but, sadly, this was deemed out of scope.

In the Written Statement that the Government laid on 11 January, they said that they want,

“a close association with Euratom”.

But the Government wanting a close association and having one in place are not the same thing, nor have they yet defined what they mean by an association that is “as close as possible”. It would be very helpful if the Minister could indicate what has been said so far about associate membership, and what the answer was during negotiations to date when the suggestion was first put on the table that we want a close association with Euratom, if indeed it was put on the table at all. Was there any problem? It is unimaginable to me that anyone on the other side of the negotiating table would have any problem with us staying in Euratom or, if we are not doing so, having an associate membership. Has the European Commission given its view on this to date?

Our problem with the good intentions of the Government in this regard is that they are undefined, so we want clarity and certainty on this important matter. We want an associate membership that replicates exactly our membership of Euratom—nothing more, nothing less. So what will be required of us in order to have an associate membership? Is it a matter of cost? What would be asked of us, above and beyond what is required now? Amendment 1 has been laid to ensure that the Government, in their negotiations and agreements in accordance with Article 50(2) of the Treaty on European Union, on the future of nuclear safeguards in the United Kingdom must have regard to the desirability of becoming an associate member of Euratom. I am sure—at least, I very much hope and expect—that this will be pretty much at the top of the Government’s list of things to do, if only to avoid the extra works, cost, aggravation and uncertainty in recreating what we have already as a member of Euratom.

So that we can be sure that the Secretary of State is carrying out this duty, the amendment requires that he must lay before both Houses a Written Statement informing us of the progress he is making towards achieving that negotiated outcome. Our preference would be to forestall actually leaving Euratom at all, unless and until such an associate membership is in place. However, as that is apparently not possible, the amendment asks that Statements be made at particular intervals post the Act receiving Royal Assent. If we were to succeed in negotiating an associate membership and effectively remain in Euratom, the rest of the Bill need not apply. I beg to move.

[Lord Warner (CB)]

My Lords, I shall speak to Amendments 2, 12 and 16, which are in my name in this group. We had a good warm-up late last night for this first day in Committee on this Bill, with the Minister’s colleague doing what I thought was a rather good imitation of Geoffrey Boycott: occupying the crease but not showing much flair in his run gathering. In that debate on withdrawal from Euratom that we had in Committee on the European Union (Withdrawal) Bill, it was clear that the mood of the House was that this was a rash and ill-considered action by the Government, and that the Government would do well to reconsider their position on withdrawing from Euratom in the interests of the future of the nuclear industry in the UK. I have little doubt that we will return to this issue during our later consideration of the withdrawal Bill and I do not intend to traverse that ground again today, although I still consider that cancelling the withdrawal from Euratom membership would be the best course of action in the public interest.

Today, I want to focus on two issues that continue to cause concern in the industry and among many of us in this House: first, whether the Government have a credible plan for putting in place an internationally acceptable nuclear safeguarding regime in the UK in time for our departure from Euratom; and, secondly, whether this can be done by EU exit day on 29 March 2019. These two issues are inextricably linked in my view, and that is why I have grouped my Amendments 2, 12 and 16 with the related amendments in this first group. I have to say to the Minister that how the Government respond to amendments on these concerns in this Bill will, I suspect, determine how the House deals with the Euratom issue in the withdrawal Bill. I assure the Minister that that is not a threat but a piece of friendly advice.

--- Later in debate ---

[Viscount Trenchard]

I wholly agree, as I think I said, that the right way is to continue to rely on Euratom until such time as the ONR can apply a UK-specific safeguards standards regime approved by the IAEA. My point is that it is not necessary and might not be desirable. On that, I am particularly interested in the submissions made by the Nuclear Industry Association, on which perhaps the noble Lord, Lord Hutton, will make an intervention, which I would look forward to hearing with great interest. We do not necessarily need to follow Euratom; I am not saying that Euratom standards are not at least as good as IAEA’s required standards but, in so far as they go further, it does not necessarily mean that they are safer. It may mean that they are more cumbersome or that the frequency of verifications is more—

[Baroness Featherstone]

I thank the noble Viscount for giving way. Is he aware that the Government’s declared intention is to reach the Euratom standard, regardless of this debate?

--- Later in debate ---

[Lord Henley]

The noble Lord never wastes his time, nor does he waste the time of the Committee, but I can give an assurance that discussions continue with the IAEA, which is perfectly happy that we will be able to meet the appropriate safeguards regime to meet its standards by March next year. We will discuss that on later amendments. Processes have taken place in the ONR and it is engaged in recruitment. We will meet its standards—standards similar to those met by the Americans as fellow members of the IAEA. All that will be in place; that is the point behind the Bill. It is why I do not think these amendments are necessary—we will no doubt discuss them in much greater detail on Report. I hope that the noble Lord and the noble Baroness, Lady Featherstone, who is about to respond, will be happy and feel able not to press their amendments.

[Baroness Featherstone]

I thank the Minister. I listened carefully to his arguments in response to the amendments. I think that our work is not done; I did not hear a meeting of minds at this point. What I did hear was a universal view from across the Committee that surety and certainty are not there. We will probably want to come back on this on Report. For the moment, I beg leave to withdraw the amendment.

Amendment 1 withdrawn.