Nuclear Safeguards Bill Debate
Full Debate: Read Full DebateDrew Hendry
Main Page: Drew Hendry (Scottish National Party - Inverness, Nairn, Badenoch and Strathspey)Department Debates - View all Drew Hendry's debates with the Department for Business, Energy and Industrial Strategy
(7 years, 2 months ago)
Commons ChamberIt is woefully typical of the approach of this Government that despite their intention to abandon Euratom, this Bill falls significantly short of dealing with vital issues for the UK’s nuclear future. Without any confirmation of a transitionary deal, Ministers have left a host of unanswered questions around nuclear safety. The nuclear industry, the medical profession, our research sector and universities—virtually everyone associated with nuclear power or related supply chain industries—have asked for the answers to those questions. Breaking the news to Parliament that we will leave Euratom in a line of the Bill’s explanatory notes shows wilful disrespect to them.
It also betrays an all-too-common disregard for the Scottish Parliament and the Scottish Government, because while safety is reserved, areas of regulation are devolved. That regulatory role is just part of why the Scottish Government must be involved in discussions over Euratom as things move forward.
Do we not have to be very careful about our terminology? The Bill has absolutely nothing to do with safety standards as in the prevention of nuclear accidents—it is about safeguarding, which has an altogether different legal meaning. Is it not very important that we do not scaremonger about this?
It is very important that the unanswered questions are dealt with in this insufficient Bill—[Interruption.] Well, a lot of people will be concerned about the implications of what is not covered in this discussion, some of which I intend to cover.
With regard to nuclear safety, it is critical that we continue membership—or, at the very least, associate membership—of Euratom. Falling back on WTO rules could risk the UK breaking international law. It will come as no surprise that we in the SNP believe that the safest nuclear power policy is no nuclear power. We are determined to deliver just that.
Will the hon. Gentleman give way?
I am going to make some headway.
In Scotland, we are already showing what can be achieved by renewable energy. New storage solutions for renewables are developing further access to the vast potential from offshore wind and tidal, meaning that an abundance of low-cost, clean energy will be generated. In contrast, this Government continue to chase the folly of new nuclear such as the white elephant that is Hinkley C, leading to exorbitant costs for consumers and leaving yet another burden for future generations to clean up—and that is if there is no more immediate crisis caused by failure or deliberate act leading to nuclear incident. I also wonder what care and attention has been given to people in Wales, as only days ago it came to light that about 300,000 tonnes of “radioactive mud”—a by-product of this Government’s nuclear obsession—is to be dredged and moved to Wales. I will leave that to hon. Members from Wales to debate further.
My constituency is in the highlands, which is not only the natural home of much of our renewable generation and its potential, but home to Dounreay. It is a place where the impact and long-term costs, both financial and environmental, of nuclear are well known. Those costs should not be repeated. The Minister pointed out that the responsibility for domestic nuclear safety resides in the UK, but that does not mean that the UK has a good record, especially prior to EU membership. Indeed, most of us living in the area can recall the various worrying nuclear material scares, and we are well versed on the dangerous radioactive levels recorded on Caithness beaches.
Each scare should remind us of why our membership of Euratom is so important—because while they can never be perfect, agreed EU directives over safety have been essential in ending some of the hair-raising practices in the UK nuclear industry. Who could forget that in 2006 the remains of actual plutonium rods were found on the beach at Sandside, in Caithness? Hon. Members earlier mentioned watertight provisions, but one retired Dounreay worker who was interviewed at the time spoke of a catalogue of errors, accidents and bad procedure, including claims that workers commonly disposed of radioactive material in the sea at night to avoid it having to appear on official documents. He told a reporter that he once saw a man
“using a Wellington boot tied to a piece of string”
to take test samples
“because the proper equipment had rusted”
beyond use. Mr Lyall, the retired worker who spoke out, had been a plant supervisor for many years.
Although the UK Atomic Energy Authority—as it would—denied that Mr Lyall’s claims were true, it did admit:
“There were practices from the 1950s to the 1960s that we would not repeat today.”
Those practices occurred before we were members of Euratom. In the same statement, the UKAEA told reporters:
“Standards have risen in health and safety and environmental protection, and government legislation has also been tightened considerably.”
Our membership of the EU, and especially of Euratom, has had a positive impact on the improvement of the standards that the UKAEA spoke of. In Scotland, although we are working towards a nuclear-free future, we have to maintain safety at existing facilities during that process, and we must plan for a future of decommissioning.
I understand the point that the hon. Gentleman is making, but is not this the rub? He and I would both prefer to remain in Euratom if we could, but since the legal opinion, not just on this side of the channel but in the Commission, is that we cannot—that has not been challenged by any third party—we need this Bill to achieve exactly the laudable objectives that he and I share.
I thank the hon. Gentleman for his contribution, but he highlights the fact that we have not seen that legal opinion or any indication that it is watertight. We should have the opportunity to see it; perhaps it will be forthcoming as a result of this debate.
No, I am going to make some progress.
As I was saying, in Scotland, although we are working towards a nuclear-free future, we have to maintain safety at existing facilities. The current challenges exist in the other nations of the UK; indeed, they are multiplied by this Government’s obsession with pursuing costly and dangerous new nuclear. That obsession has put nuclear at the heart of energy strategy, while the Government’s other obsession with hard Brexit would see them leave the very agency that oversees the security of markets, businesses and workers in the sector. To most people looking on, that is baffling and dangerous. To us, it is yet another day in the growing chaos of this Tory Government.
Leaving Euratom serves no purpose other than to put at risk standards that have been in place for many years. Hon. Members do not even need to take my word for it. The Nuclear Industry Association has said:
“The nuclear industry has been clear that our preferred option is to seek to remain part of EURATOM, and that the UK government should negotiate this with the European Commission. The industry in both the UK and Europe want to maintain the same standards as apply now, and have worked well for more than 40 years. Without access to Euratom’s NCAs and common market, the nuclear new build programme, nuclear operations and the decommissioning mission could be seriously affected.”
Everything that can be done must be done to mitigate the risk of any incident, the effects of which would be measured in millennia. Failures in nuclear safety and decommissioning carry a potential catastrophic impact so great that our closest eye and the very best and most up-to-date research are required to avoid such outcomes.
For the very reasons that he has just alluded to, will the hon. Gentleman confirm whether the Scottish National party will support the Bill at 10 o’clock tonight: yes or no?
What we would support is a sensible approach to maintaining either full or associate membership of Euratom.
The European regulator oversees nuclear matters as diverse as plutonium storage and medically vital radiotherapy supplies. For example, our membership of the Fusion for Energy programme allows the UK to receive contracts. So far, the UK supply chain has been awarded contracts worth €500 million, and that would have been expected to rise to at least €1 billion. Leaving Euratom seems to serve no purpose other than to satisfy this Government’s hard Brexit mantra.
Does my hon. Friend agree that there seems to be a rigid consensus among Conservative Members that we cannot stay in Euratom if we leave the EU, and that they refuse to accept that legal opinion on the matter is divided? Does he agree that it is utterly incumbent on the Secretary of State to explore this divided legal opinion to see whether the UK can, indeed, stay in Euratom?
I agree that there are clearly unanswered questions about the legal position, which has not been challenged, exercised fully or even debated to any degree. Not only are our safety standards, research opportunities and business at risk, but we may see the most dramatic and negative effects of any withdrawal in the medical field.
No, I am going to make a bit of progress.
In its paper on radioisotopes and Brexit, the Royal College of Radiologists outlines the crucial role that radioisotopes play in medical advances. The majority of the UK’s supply of radioisotopes, used in scanning and the systemic and internal treatment of a wide range of cancers, is imported from Europe and further afield. The most commonly used radioisotope is used in 700,000 medical procedures each year, and global demand is growing by 0.5% a year. Radioisotopes are used for the diagnosis and treatment of various diseases, including cancers, cardiovascular conditions and brain disorders. The UK does not have any reactors capable of producing those isotopes, and because they decay rapidly—often within a matter of hours or days—hospitals in the UK cannot stockpile them and must rely on a continuous supply from reactors in the EU.
It is telling that Conservative Members are willing to ignore all advice from experts in the nuclear industry in order to uphold their position that we must have the hardest possible Brexit.
No, I am going to make some progress.
As I have said, the UK does not currently have any reactors capable of producing such isotopes.
Perhaps I can help the hon. Gentleman. Euratom places no restrictions whatsoever on the export of medical isotopes, and so there are no further protections needed. It is irrelevant.
I do not think that the Minister is reflecting the view of the experts in the industry who are affected, and I will come on to underline that with some quotes.
Euratom supports the secure and safe supply and use of medical radioisotopes. If and when the UK withdraws, it will no longer—this is the critical point—have access to Euratom’s support, ending the certainty of a seamless and continuing supply. The Royal College of Radiologists points out that the supply of radioisotopes would be disrupted by leaving the single market, because transport delays will reduce the amount of useful radioisotopes that can be successfully transported to their destination.
No, I am going to make some progress. As I pointed out, radioisotopes decay within hours or days of production. The most common isotope has a half-life of just 66 hours. The consequences of a disrupted radioisotope supply was made clear not only during the incident that the right hon. Member for Wantage (Mr Vaizey) mentioned, but during the channel tunnel fire in 2008. That led to a reduction of the availability of radioisotopes, and to cancelled procedures. So, for patients, there can be no no-deal scenario. Such a scenario is a ludicrous proposition with regard to leaving the EU; as practitioners point out, however, in relation to medical isotopes it is a matter of people’s very lives.
Leaving Euratom will increase the difficulty of maintaining nuclear fuel in the longer term and threaten research funding into medical isotopes.
No, because I am going to conclude.
Most concerning of all is that leaving Euratom has the potential to reduce standards of protection for workers and the public. Since the UK Government have committed to a nuclear future, it would be pushing their irresponsible actions to critical levels if they were to forsake membership or, at the very least, associate membership of Euratom. Until there is no nuclear in Scotland—on our land, or in our waters—we should have the right to remain a member of it.
I appreciate the broad consensus in the Grand Committee Room, but not everyone had an opportunity to speak in that debate. No doubt there will be a transition period of some sort, but whether we have an associate membership or just a very close association at the end of it—like the association we will have with the European Union—we will look at what the EU does and how it goes about things, and we of course want similar standards. We are not looking to leave the European Union and then to reduce and cut all kinds of standards.
Will the hon. Gentleman advise us what kind of transition he would propose?
My hon. Friend makes a key point about the breadth of issues that are not covered by the Bill’s narrow focus. Government Members would like to separate safety issues and the unanswered questions that are legion here tonight, but that is the real problem.
I think all Opposition Members sense the unease with which Government Members are unwilling to talk about the Bill’s narrow scope, which leaves so many uncertainties and questions. We are all rightly concerned about nuclear safety, but in our discussions let us remember to give a break to the brave officers of the Civil Nuclear Constabulary, who work day in, day out to maintain nuclear safety across the UK.
I am genuinely pleased that this issue has been given such importance. That is not because, as some might have suggested, it is a sort of remoaner ambush, but because it reflects the importance of our nuclear industry, which in turn reflects the importance that the Government have attached to nuclear technologies in the UK as part of our industrial strategy. The valued engagement of the industry is most welcome. It is great to hear its very legitimate concerns over Euratom. The industry would obviously want no change whatsoever: of course not; nobody can blame it for seeking certainly and therefore advocating the status quo.
Let us be clear: there is absolutely nothing wrong with Euratom. It has proven very effective at regulating the nuclear industry. If the treaty did not require us to leave after triggering article 50, I am pretty sure that we would not do so, but as it does require it, a new arrangement must be sought. I genuinely have no doubt that this new arrangement will be characterised by keen agreement and co-operation between the UK and our EU partners. The nuclear industry is, after all, international and interdependent. We have significant French ownership of our nuclear power stations, and further international ownership is promised with the remainder of the new nuclear fleet. Similarly, Germany has a great deal of nuclear waste being processed in Sellafield. With the UK, France and Germany so interdependent on one another on matters nuclear, one might expect the wind to be on our backs, not in our faces, when seeking a deal on our future relationship on nuclear matters.
An associate membership is probable—highly probable, even. For the more ardent Brexiteers among us, that should not bother us either. Euratom has been a remarkably consensual organisation—I do not believe there have been any votes—and therefore the jurisdiction of the EU Court should not be a concern for us in this case. However, regardless of that probable outcome, we need something else in case good sense deserts our EU partners and nuclear safeguarding becomes part of the wider wrangling over Brexit. That is why the Government are to be congratulated on introducing the Bill so soon. This regulation will give the nuclear industry the certainty that it so reasonably demands. Nuclear safeguarding is not something on which we take risks. Pursuing a favourable post-Brexit relationship with Euratom is important and should obviously be our preference, but legislating for increased powers in the Office for Nuclear Regulation so that Euratom’s capabilities are duplicated as being sovereign within the United Kingdom seems very prudent at this early stage.
After this debate, it is important to pause and reflect on what neither the Bill nor Euratom does. Euratom does not do nuclear safety—that is already regulated in the United Kingdom by the ONR. My constituents who live as neighbours to Hinkley Point know that the safety regulations that govern the operation of that site are entirely unaffected by the Euratom issue. Nor does the Bill affect isotopes used in medicine. The scaremongering on this has been unfortunate, and I hope that it will not continue as the Bill progresses.
I am interested in the hon. Gentleman’s comments. Does he, then, disagree with the Nuclear Industry Association? It has said:
“Leaving the Euratom Treaty without alternative arrangements in place would have a dramatic impact on the nuclear industry including the UK’s new build plans, existing operations and the waste and decommissioning sector which all depend, to some extent, on cooperation with nuclear states.”
I am absolutely at a lost to understand the SNP’s position on this. We have an excellent relationship with Euratom, which we want, ideally, to continue as an associate member. But, as the hon. Gentleman quite rightly points out, the nuclear industry is very concerned that, if that arrangement turns out not to be possible, we should have some sort of contingency in place to ensure that the industry can continue to operate safely and co-operate internationally. That is exactly what the Bill will do, so I do not understand why he is not welcoming it with open arms.
I thank the hon. Gentleman for giving me the opportunity to clarify. The key is in the final part of the quote, which talks about the impact on existing operations and the waste and decommissioning sectors. That cannot be carried forward by the Bill in isolation; there are many unanswered questions.
I am not sure that the hon. Gentleman adds anything to his earlier intervention. There is a system in place through Euratom for the regulation and safeguarding of the movement of fissile materials and other issues connected to nuclear regulation. We would ideally stay within Euratom as an associate member, but if that is not possible, we seek to legislate for a contingency, so that we have those powers sovereign. One would assume that the Government—I think that this has been made very clear in the Secretary of State’s opening remarks and all the Government’s commentary on the matter thus far—expect to continue everything exactly as it is, so that we can continue to operate seamlessly internationally. The Bill will provide a contingency plan to avoid the hard exit or cliff edge that so many in this place and in the media seem so vexed about. I just do not understand why the SNP does not welcome the Bill, when it appears to give the party exactly what it wants by delivering certainty post Brexit.
There are two issues that the Bill does not cover, quite understandably, but that are worth discussing. First, nuclear technology, materials and engineers need to be able to move freely, so we must achieve a quick and lasting agreement with other countries. Our nuclear programme is international, and we must recognise that in the arrangements that we make. I have every confidence that we will, and that the countries with which we seek to work will warmly welcome our approaches.
Secondly, there is the matter of funding for research and development. As we decarbonise our heating and transport systems, our demand for electricity will rise sharply. Renewables and our new nuclear programme are the answer for now, but the prize that we have all been looking for, for half a century, is fusion power. That has been eight to 15 years away for a very long time, and quite possibly it is still eight to 15 years away. When the Select Committee on Energy and Climate Change went to the United States last year, however, it was clear that progress is starting to be made quickly on that side of the Atlantic. When we returned home, we were pleased to find after further inquiries that progress on this side of the Atlantic has been even quicker still. The UK, with our European partners, is ahead on the matter. It is absolutely vital that the Government commit, as they have done, to continuing to fund the research and development of fusion power. The opportunities are huge, and it is a prize on which the Government should keep their eyes.
In conclusion, I absolutely understand the concerns that nuclear industry representatives have raised with me, and I understand why they want certainty. They work in an industry in which there is absolutely no appetite or tolerance for risk, so it is entirely understandable that they seek the certainty of continued membership of Euratom. They should be reassured that the Government’s first preference is associate membership of Euratom, as a result of which nothing would change. If that is not possible, how prudent it is for the Government to seek, at the very first opportunity, to legislate to provide a contingency to assure the UK nuclear industry that safeguarding regulations are firmly in hand. Those regulations will be familiar to the industry, because they will look remarkably similar to the ones that we have now.
I rise to support the Bill, unsurprisingly, because as colleagues well know, the decision to leave the European Union also meant, by extension, a decision to leave Euratom. This issue has been debated on the Floor of the House, but that is the position of both the UK Government and the EU27. The Government have therefore made it clear that they intend to honour their commitment to the International Atomic Energy Agency by setting up a domestic safeguarding regime. The regime will ensure that there is no interruption to the British civil nuclear industry and, indeed, that the production of nuclear energy and the various other workings enabled by Euratom will continue without pause.
It would be unacceptable for the UK not to have a safeguarding regime in place on its exit from the European Union. Although it is absolutely appropriate for colleagues and Opposition Members to scrutinise and perhaps amend the Bill during its passage, it would be foolhardy in the extreme—in fact, deeply inappropriate—to try in any way to prevent it from ultimately making its way through the House. That is why I am very pleased that the Labour party made it clear, after what I must say was an elegant period of anticipation-building delay by the hon. Member for Salford and Eccles (Rebecca Long Bailey)—she teased us about the position of Her Majesty’s loyal Opposition until the ultimate line of her speech—that it will let the Bill progress, so that any such concerns are alleviated.
I have listened with interest to a number of speeches—no, to them all—and I was particularly exercised by some of the points made in interventions by SNP Members. As I said in an intervention and will now repeat—this has been highlighted by the Nuclear Industry Association, on its Twitter feed during the debate—there is not just a semantic difference but a fundamental difference between nuclear safeguarding and nuclear safety. I will give SNP Members the benefit of the doubt and say that the subtlety of that difference was perhaps lost on them, because the alternative assumption I would have to make is that they intentionally blurred the distinction between the two to scare the British people on what this is about, and I am certain that they would not do so intentionally.
SNP Members also placed great store on the supposed risks to medical radioisotopes. Again, I took the time, while keeping one ear on the speeches, to look at the briefing paper from the Nuclear Industry Association that they mentioned. It makes reference to concerns about radioisotopes, but when I followed the links I found a circuit of links using basically the same phrase on the concern about five radioisotopes. I finally got to what I think was the end of the chain, and I discovered that, in response to the squeezing of the supply of medical radioisotopes, Euratom and other agencies had set up the European Observatory on the Supply of Medical Radioisotopes. That body has worked in the intervening years to ensure that there is a timely supply of medical radioisotopes. That goes to the heart of showing that the concerns raised—again, inadvertently, I suspect—by SNP Members and others about the diagnostic ability of the NHS somehow being compromised by a lack of radioisotopes is in fact a fallacy.
No, I will not give way, because a number of Members still wish to speak. I apologise; I would normally give way, but I am about to conclude because I know we are short of time.
The Bill will give the Office for Nuclear Regulation additional powers. It will give the Government the opportunity to use limited powers to amend the Nuclear Safeguards and Electricity (Finance) Act 1978, the Nuclear Safeguards Act 2000 and the Nuclear Safeguards (Notification) Regulations 2004, so that references in legislation to existing international agreements can be updated. I appreciate that Opposition Front Benchers have concerns about that, but it strikes me as a remarkably pragmatic attempt to get important business through the House in a timely manner, so that our important nuclear industries are not compromised. I commend the measure to the House.
My only regret in speaking is that, given the constraints on our time, you have imposed a six-minute limit on our speeches, Madam Deputy Speaker, and I feel that I could speak for a long time on the important subject of our debate.
The Bill is precisely the sort of responsible measure that a good, decent, forward-looking Government would introduce to avoid the cliff edge that we are told is a problem with so-called hard Brexit. The debate is serious, but the Opposition are clearly not taking it seriously. I am disappointed that so few of our Opposition colleagues participated. I am surprised that we have had a string of Conservative speakers, without even a bat squeak from the Opposition in response.
From the speeches of members of the Opposition parties, one would think that we faced disaster if we left Euratom. We will not face disaster precisely because of the Bill. The hon. Member for Inverness, Nairn, Badenoch and Strathspey (Drew Hendry) quoted a nuclear expert and used the phrase, to which he did not return, “without alternative arrangements”. That is key. The expert said that, if we left Euratom “without alternative arrangements”, there would be a problem, but the whole point of the Bill is to set up those alternative arrangements, without which we would face a more difficult situation. The hon. Gentleman could not have made a more ridiculous point.
I am grateful to the hon. Gentleman for allowing me to respond. Does he accept that the industry would prefer to stay in Euratom or have an associate membership to “alternative arrangements”?
I know that the hon. Gentleman has been listening to the debate with rapt attention, and he will have noticed in the course of several hours of discussion that we are leaving Euratom because, if he remembers, we voted to leave the EU last year. It was not the British Government who said we had to leave Euratom, but the Commission. The EU itself said that, as a consequence of voting to leave the EU, we had to leave Euratom, and we have taken it at its word. Perhaps we should not have done; perhaps the hon. Gentleman has intelligence that we do not possess, but we took it at its word and, consequently, it is quite proper to seek, through the Bill, to provide the “alternative arrangements” that industry experts have suggested are necessary to smooth the transition process.
I also wish to point out how depressingly gloomy a lot of the SNP’s language has been. We have been told that we are useless negotiators and that the state of Britain’s diplomacy is woefully inadequate. We have been told all sorts of things about how bad things are going, and of course nothing could be further from the truth. It is a complete fantasy. In fact, our diplomacy is widely respected throughout the world. We have a highly effective, well trained force and a disciplined, professional cadre of people. It is nauseating to hear SNP Members decry and denigrate our civil service in that way, and it is indicative of their lack of seriousness that only two Members from that particular party are gracing us with their presence in the Chamber.
With a couple of minutes to spare, I want to talk briefly about Britain’s traditions in nuclear power. I know it was uncomfortable to hear, but my hon. Friend the Member for North West Hampshire (Kit Malthouse) was right that we are leaving Euratom at a moment when the countries of Europe, such as Germany, Italy and even Austria, are retreating from civil nuclear power. It is not something they want in their energy mix. The response of the German Chancellor to the Fukushima disaster in 2011 was to suggest that Germany would not pursue nuclear power and would shut down its nuclear power plants. Indeed, it is revealing that Frau Merkel is now in conversation with the Green party in Germany. Her coalition is dependent on Green party co-operation, and those of us who follow these things will know that the Green party is singularly opposed to nuclear power. It is the one thing that will not happen if it enters the Government in Germany, once the Government have been constituted, so there is no way that the Germans will develop this line of research. Similarly, we understand that Austria has banned the transfer of nuclear material.
The hon. Gentleman rightly points out where he disagrees with politicians of other places or has criticisms of them, but will he withdraw his earlier remark about the SNP criticising civil servants, which we have never done? All we have done is criticise the failure of this Government.
Forgive me, but one of the hon. Gentleman’s colleagues mentioned—we can all look at Hansard tomorrow—that our diplomacy was being ridiculed and was somehow deficient. If someone says that diplomacy is deficient, they are criticising the diplomats who are conducting that diplomacy, and I am afraid that most of those diplomats are indeed civil servants, so that was criticism of our civil servants, with no cause whatever—it was just a form of abuse. I know that SNP Members get caught up in their rhetorical exercises and like to make a big splash in the House of Commons, but I thought that was completely unnecessary.
Lastly, when it comes to freedom of access and foreign scientists and nuclear power experts coming to Britain, there is no country that is more open, from the academic point of view, to foreign talent and ingenuity than Great Britain. We have dozens of Nobel prize winners, many of whom came from outside the United Kingdom. We also have a great record in practical science and in businesses that have developed from the fruits of that practical science, so again this scaremongering and project fear is completely misplaced. I suggest to those hon. Members that they just move on.