Nuclear Safeguards Bill

Earl of Selborne Excerpts

Report stage (Hansard): House of Lords
Tuesday 20th March 2018 Lords Chamber

[Lord Broers (CB)]

My Lords, Amendment 3 seeks to ensure that the necessary agreements to secure the safeguards for our nuclear power are in place before 1 March 2019. It does not require us to withdraw but to suspend the UK’s withdrawal from the European Atomic Energy Community treaty until the agreements are in place.

The legal relationship between Euratom and the EU is not as clear to me as it is to the Minister. I have sought the opinion of learned friends who have told me there is no binding legal agreement that obliges us to withdraw from Euratom when we withdraw from the EU. However, the Government’s position is based upon what is stated in paragraph 18(1) in the Explanatory Notes relating to the European Union (Notification of Withdrawal) Act, which states:

“The power that is provided by clause 1(1) applies to withdrawal from the EU. This includes the European Atomic Energy Community (‘Euratom’), as the European Union (Amendment) Act 2008 sets out that the term ‘EU’ includes (as the context permits or requires) Euratom (section 3(2))”.


The situation is not straightforward. I am reminded of the words of Sir Thomas More in “A Man for All Seasons”—“I trust I make myself obscure”—which seems to be the situation.

As I have already stated, we are not asking for withdrawal but suspension of our withdrawal from the European Atomic Energy Community treaty until we have the relevant agreements described in subsections (3) (a), (b) and (c) of the proposed new clause in place to give the confidence that these agreements are complete and appropriate and will maintain the highest standards in safeguarding our nuclear power. This is essential if we are to maintain the nuclear baseload needed to underpin our intermittent renewables. As I said last night, if this fails we will almost certainly not be able to meet our reduction in emissions obligation.

Of all the world’s complex technologies, nuclear power is surely one where we must maintain collaboration with our partners, especially those in Europe, with whom we have been working so closely. To ensure that our energy strategy is secure, we must have the assurances contained in the amendment. I beg to move.

[The Earl of Selborne (Con)]

My Lords, in the draft transition agreement published yesterday the entry on Euratom is in green, which appears to demonstrate that there is some progress being made, apart from any legal complication which might emerge from the woodwork. The Government have committed themselves to a close association with the Euratom research and training programme. The Secretary of State has also committed to report back to Parliament every three months about overall progress on Euratom, with a first update expected before Easter. All so far so good, but this does not change the position that a default clause, such as this amendment suggests, might be sensible.

The only reason I have heard why this amendment will not or cannot be accepted is that, by our own folly, we have already given notice that we are leaving Euratom, come what may. My noble friend on the Front Bench described it as a done deal—which of course it is in terms of the Act we have already passed—but that is not the best of reasons for rejecting this amendment. After all, one Bill can amend a previous Act and if we find that the default position is needed in order to make sure that we do not fall between poles between one Bill and another, I should have thought that a fallback position such as that suggested by this rather sensible amendment would at least be worthy of serious consideration.

I recognise that the assurances given by the Government, and indeed by our Minister here, are helpful so far as they go—I have enumerated them just now—and that the disastrous decision to leave Euratom may ultimately be irreversible, but I will be listening to the Minister’s response to this debate with great care.

[Lord Warner (CB)]

My Lords, I strongly support this amendment. I want to focus on the one issue that will cause me to vote for this amendment if my noble friend puts it to a vote. That is the way that the Government have been playing Russian roulette with our energy security by the ill-considered and ideological rush to leave Euratom without being sure that an equivalent regime is properly in place. The jeopardy this places the UK in is well set out in the latest briefing from the Nuclear Industry Association. The Government are doing a very unusual and risky thing in ignoring the advice of the nuclear industry’s experts simply because of their obsession with the jurisdiction of the European Court of Justice, which, let me remind the House, has never intervened in a Euratom matter during the duration of Euratom’s life.

There is little evidence that it is possible to secure UK accreditation from the IAEA and negotiate a raft of new nuclear co-operation agreements with other countries before exit day. As the NIA briefing makes clear:

“Without access to Euratom’s NCAs and common market, the nuclear new build programme, nuclear could be seriously affected”.


Clearly, a responsible Government would stay in Euratom and not risk the disruption and uncertainty to a critical industry that departure brings, but not this Government. They claim that they will secure an equivalent alternative set of arrangements to membership of Euratom by exit day. Their backstop for failure seems to be that by the end of the transition or implementation period they are trying to negotiate with the EU. Despite yesterday’s upbeat gloss put on the negotiations of a transitional period, no such arrangements have yet been agreed by the Council of Ministers; they may well not be before the Bill leaves this House. Even if they are agreed before Royal Assent they will not provide for a transition period beyond the end of 2020. That may still not be long enough to secure all the new NCAs the UK needs, especially with the United States.

As the NIA briefing makes clear, without these agreements the trade in goods and services to maintain our existing nuclear reactors—these generate 21% of the UK’s electricity—is put in jeopardy, as is the building of new reactors. Sizewell B is particularly vulnerable because it relies on an NCA with the United States, and a new NCA is effectively a treaty, which requires congressional approval.

--- Later in debate ---

In conclusion, I would like to raise an issue which Ministers are usually keen not to talk about out loud—Immigration Rules. Successive Governments have been surprisingly flexible when they have been really up against it in getting specialist staff in certain capped sectors of our industries—no more so that in the NHS, where the Immigration Rules have been modified, bent and utilised to bring in specialist people when the country has had a shortage of them. In terms of this debate, what assurances can the Minister give us that the Government will not lose sight of the possibility of modifying the Immigration Rules where necessary to help specialist safeguarding staff to get into this country? I suspect that the industry would also like them to be a bit more flexible when it comes to areas where there may be problems—for example, in maintaining reactors or in getting the specialist skills needed to build reactors such as Hinkley Point C.

[The Earl of Selborne]

My Lords, for at least 20 years this country allowed its specialist skills in matters nuclear to run down. There was a failure by successive Governments to address the issues and determine what our attitude was to policy on nuclear generation, medical sciences and the like. Although things have improved a little in recent years, it is certain that we will depend on specialist skills from overseas. I doubt that it is really necessary to put this amendment on the face of the Bill, but I am absolutely confident that the Minister will agree that we will indeed need specialist skills. We must give an assurance to the industry that those specialist skills will be welcomed. Therefore, I am sure that, in responding to this short debate led by the noble Lord, Lord Teverson, the Minister can assure us that the Government will give due priority to those with the relevant nuclear skills.

[Lord Hunt of Chesterton (Lab)]

My Lords, an important point about Euratom is that it had a research programme on connecting fusion and fission. A long-range problem in the nuclear industry is finding ways of dealing with nuclear waste. As the Euratom programme showed, one way of doing that in future would be to connect it to fusion, because fusion produces fast neutrons that can process waste and give it a shorter half-life. That is an extremely important issue, and the people who will be able to work on it will have a very broad range of specialties, not just the narrow range that experts have at the moment.