Constitutional Law

Claire Perry Excerpts

Wednesday 10th April 2019 Commons Chamber

[The Minister for Energy and Clean Growth (Claire Perry)]

I beg to move,

That the draft Regulatory Reform (Scotland) Act 2014 (Consequential Modifications) Order 2019, which was laid before this House on 4 March, be approved.

Thank you very much for the opportunity to debate this order this afternoon, Madam Deputy Speaker. The order is made in consequence of the Regulatory Reform (Scotland) Act 2014, which I shall refer to as the 2014 Act and which received Royal Assent on 19 February 2014. Some may say the matter we are debating—essentially regulatory alignment between two routes of appeal under two separate pieces of legislation—is very minor, but the provisions have come from the Scottish Government’s very welcome distinctive Better Regulation agenda, which is based on principles of requiring regulation to be transparent, accountable, proportionate, consistent and targeted. If we assent to the regulations today, we will remove a disparity that could cause delay and cost to people seeking remedies under particular Acts.

The order is made under section 104 of the Scotland Act 1998, which allows for necessary or expedient legislative provision in consequence of an Act of the Scottish Parliament. In this case, a provision is required in consequence of the aforementioned 2014 Act. I have talked about what has driven the requirement for better regulation. We have seen in all four nations a desire for better and more proportionate regulation. I think we all agree that that is required and it creates a more benign business environment for investors. In this case, which pertains to energy installations, it can deliver benefits for the environment.

The 2014 Act accelerated the procedure by which certain appeals are determined: first, appeals in respect of decisions taken on applications for consent for energy-generating station development; and, secondly, appeals against a decision to hold a public inquiry with respect to such applications for consent. If there is a challenge on those particular issues, the order will ensure that the same appeal mechanism applies whether there is a challenge against a decision of the Scottish Ministers on either an application for a marine licence or on an application for a section 36 consent for energy developments within Scottish internal waters, territorial sea and the Scottish part of the renewable energy zone—REZ. The order ensures that by making two amendments to the Electricity Act 1989 to extend a statutory appeals procedure to the Scottish part of the REZ. It does so by substituting a new definition of “relevant waters” to include those waters in the Scottish part of the REZ.

I note that a change to the definition of “relevant waters” was inserted into the 1989 Act by an earlier order in 2015, with the intention of providing for the statutory appeal. However, the change related only to renewable energy installations to be sited in Scottish internal waters and the territorial sea adjacent to Scotland, not the REZ.

[Martin Whitfield (East Lothian) (Lab)]

Can the Minister confirm that the geographical location is based on where the turbine or renewable energy is located, rather than the company, the licence holder or any applicant?

--- Later in debate ---

[Claire Perry]

I believe that it is based on the location of the site, but I will double-check that and write to the hon. Gentleman to confirm it.

The order ensures that the statutory appeal is now also available to the section 36 consent applications in the Scottish part of the REZ, thereby fulfilling the policy of providing the expedited appeals procedure for decisions on section 36 consents on which Scottish Ministers have executively devolved functions and control. The order therefore might seem very small but is actually an important amendment and correction to the 2015 order.

For information, the instrument was laid one week after another related instrument, the Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2019. That order was passed by the House of Commons on 2 April. The effect of that order is to confirm that environmental impact assessment regulatory functions connected to energy consent within the Scottish part of the REZ are available to Scottish Ministers.

The UK Government and the Scottish Government, as is always our desire and intent, have worked closely together to ensure that the order makes the necessary amendments in consequence of the 2014 Act. I believe it demonstrates once again that the UK Government remain committed to strengthening the devolution settlement and that Scotland’s two Governments are working well together. As indicated, the order might be small, but it is absolutely necessary. I hope all Members agree that the practical result is something to be welcomed. I therefore commend the order to the House.

--- Later in debate ---

[Claire Perry]

I think we have seen an outbreak of consensus, which is always welcome on the Floor of the House. I welcome the comments of the hon. Member for Glasgow North East (Mr Sweeney), and commend him on his tartan tie: I feel that I am a little underdressed for this debate.

The hon. Member for East Lothian (Martin Whitfield), who is no longer in the Chamber, asked me to confirm that the Act applies to the geography of the site and not to the business location. I can confirm that to the House.

I was delighted when my hon. Friend the Member for Stirling (Stephen Kerr) raised our eyes beyond this narrow definition of the law to the real prize, asking what we could do to facilitate our ongoing leadership in the decarbonisation agenda. The answer is much more. I was also delighted by his support for the offshore wind sector deal, which is utterly transformational. We have the best location in the world for offshore wind generation in terms of wind speed and the shallowness of the marine basin. As he knows, there is an important opportunity for the transfer of skills from the world-leading oil and gas industry to offshore wind generation as part of the transition.

There is, of course, a series of questions to be asked about onshore wind. One concerns the size of wind farms. I have debated that subject many times with Opposition Members, but I should point out that the Scottish Government’s own analysis shows that more than 2GW of wind is already at the planning stage. Not all of that will come to fruition, but we are engaged in an enormous process of re-powering and upgrading existing onshore wind farms.

My hon. Friend also mentioned—and this is absolutely my experience as well—that the day-to-day working relationships with the Ministers in the devolved Administration are excellent. I chair a quadrilateral meeting which we hold regularly to discuss Brexit preparations, and our conversations are professional and focus on working together. There is a great deal of trust. Like the hon. Member for Kilmarnock and Loudoun (Alan Brown), I would far rather see harmonisation than dissent in such conversations. It is always dispiriting that we almost never hear his party welcome any of the progress that the UK Government are making. [Interruption.] I am afraid that his speech was delivered in such a welter of negativity that I may not have picked it up.

[Alan Brown]

rose—

[Claire Perry]

I will give way to the hon. Gentleman and allow him to congratulate our four nations on the progress that they have made.

[Alan Brown]

The Minister is obviously not familiar with my personality. That is how I deliver compliments—in amongst that wave of negativity.

What I was going to ask the Minister was this. Will the Government release the correspondence between the Secretary of State for Scotland and her Department, rather than hiding behind the freedom of information exemption, claiming that it is Government policy formulation?

[Claire Perry]

I hope that the hon. Gentleman will regain his usual sunny nature should we have an Easter break next week. As he will know, what he has asked is not for me to decide. These observations are made to the Secretary of State, and it would be wrong for me to comment.

[Neil Gray]

Will the Minister give way?

[Mr Sweeney]

rose—

[Claire Perry]

I will give way again briefly, but I sense that the House would like me to wrap up, and I also want to give way to the Leader of the Opposition. [Laughter.] I mean the potential future Leader of the Opposition, the hon. Member for Glasgow North East.

[Neil Gray]

If the Minister was so keen for the correspondence to be released, she could just release it and publish it now. She does not have to wait for an FOI inquiry.

[Claire Perry]

As I have said, it not my decision, and it is not correspondence of which I have been informed.

[Mr Sweeney]

rose—

[Claire Perry]

I will now give way to my shadow—in this particular instance—on the Opposition Front Bench.

[Mr Sweeney]

We should not tempt fate.

The Minister has made an important point: it is frustrating that the Secretary of State for Scotland is not here to make his comments directly and, perhaps, shed more light on the issues that Members have raised. She also made an important point about the opportunity to exploit renewable potential in the coastal waters of the United Kingdom. However, that is not being matched with an effort to build the British industrial base on renewables. We are seeing significant threats to major industrial capacity such as a BiFab project in Scotland for the industrial development of renewables. We may be in danger of losing that opportunity altogether. Is it not incumbent on the Minister and, indeed, on her Scottish counterparts to redouble their efforts to maximise British industrial content and renewable manufacturing projects?

[Claire Perry]

I welcome the opportunity to reassure the hon. Gentleman that the offshore wind sector deal focuses on exactly that. What had happened historically was that we had essentially given out contracts for difference without requiring developers who were taking advantage of them to commit themselves to UK supply chain investment. What I have set out in the sector deal is that in return for terming out the auctions to a 10-year look ahead, which will give us the most secure market look-ahead in this sector in the world, we expect UK content to rise to more than 60% of the supply chain. The hon. Gentleman made an important point about BiFab. We have, of course, worked closely with the Scottish Government throughout that process. It has been another example of very co-operative working.

There is another important point to be made about the sector deal: I should like workforce diversity to improve dramatically. We have set a target of over 30% of the jobs in that sector going to women.

I think I have covered all the points that I wanted to cover. I commend the order, but I also commend what I think will be a marvellous slogan for politics in the future: up with harmonisation, and down with dissent!

[Madam Deputy Speaker (Dame Eleanor Laing)]

I do not know whether the Minister will secure total agreement with that one.

Question put and agreed to.