Nuclear Safeguards Bill (Second sitting)

Eleanor Smith Excerpts

Committee Debate: 2nd sitting: House of Commons
Tuesday 31st October 2017 Public Bill Committees

[Dr Whitehead]

Q I think it was made clear verbally on Second Reading that the Bill is certainly intended to be a contingency measure—a Bill that would come into operation only if having any other arrangement following Euratom proved not to be possible. I imagine that is what is meant by contingency.

I wonder if you might briefly share with us what you think might be possible so that the Bill is not a contingency, and whether you think the timescale that we have in front of us over the next period is sufficient to bring in either associate membership, perhaps, or similar arrangements with Euratom. Alternatively, if the Bill is to be used as a contingency, do you think that the timescale in front of us—bearing in mind all the detail of the secondary legislation that we need to get through as far as the Bill is concerned—will be sufficient to make that happen?

Sue Ferns: I think the answer is that we do not feel confident that the timescale is sufficient. From speaking to members in the ONR who essentially have to deliver the key provisions of the Bill, it is clear that they need to build an IT system to log the data properly. They need to have resources to deliver what is required, bearing in mind that we are a heavy utiliser of Euratom resources in the UK. As the previous witness said, we need to make sure that there are inspectors in place to be able to police the regime.

It is easy to say that; it is much more difficult to deliver it. Nuclear inspectors are thin on the ground at the best of times. Absolutely, ONR is doing its very best to try to ensure that it can expand its inspector resources, but I think even ONR feels that it is a challenge. The question is where will these people come from? The only obvious source is from elsewhere in the industry, because there are not qualified nuclear inspectors who are currently out of the labour market. That is absolutely a major challenge. The honest answer to the question is that I do not know whether the timescale is sufficient, but at this stage we certainly do not feel confident about it.

Kevin Coyne: I would answer that question with two responses. First, as I said, we as a union hoped that we would have remained in Euratom. We do that because we believe there is not a necessity to leave Euratom in effecting Brexit under article 50 and through article 160a. It was possible, I understand, to remain. That is important, because of the uncertainty that we now believe is cast over that.

As I said before, our concern is mainly with our members’ interests and with jobs. Sizewell B, for instance, will be in operation until 2034, and it relies extensively on components from the United States. It is very important that the co-operation agreements that the previous witness talked about are in place by 2019, and there must be serious doubt with the inspectorate in its current state. I believe that the numbers are 160 inspectors, and the ONR has fewer than 10 in place currently. So, there is the training and the programme and—importantly—all of that must cast doubt upon our ability, and if that is the case it will affect the smooth operation of nuclear plants in future, until there is a regime in place that equally matches the plants.

Secondly, I would argue that there is an impact on new nuclear development for the regime. For instance, there is the whole fuel cycle in Britain, which is gearing up to be a serious and important new operator of new nuclear build. We want within that the whole fuel cycle—the whole of the nuclear operation. As you know, in Preston we have a factory—Springfields—that produces fuel, which is wholly dependent on mixed fuels from other nations, co-operation agreements and the operation of Euratom in ensuring that that fuel supply is there and available.

There is a real threat, because of the problems with Westinghouse, that that plant in Preston would suffer as a result of the safeguards not being in place in time. That would result not only in the loss of jobs but in issues for the fuel cycle itself, for Britain’s ability to recreate the whole of the nuclear cycle for the export orders for the industry, and for the jobs that that entails.

[Eleanor Smith (Wolverhampton South West) (Lab)]

Q I noted that you talked about training and wanting personnel to do work. How long would these individuals need for training?

Kevin Coyne: I will defer to my colleague, who is from the union that represents these people.

Sue Ferns: How long to train a nuclear inspector?

[Eleanor Smith]

Q Yes, and other people you require, because you said there are numbers that you need. I just wondered how long training would take.

Sue Ferns: It takes quite a number of years to train a nuclear inspector. Obviously, if you get people from the industry, they have a level of experience, but not in that context. I believe that ONR is considering whether it can provide additional training to some of its other staff, to enable them to take this role. They are people who inspect, but don’t inspect for safeguarding. However, none of that happens overnight. This is a highly skilled, very specialist area, which is why there is such a premium on this source of labour, so it will take a period of time to be able to do that.

Kevin Coyne: The reputation of the UK nuclear industry and its attendant skills and safety record are things that we, including the trade unions, are very proud of. I would argue that it is important that Euratom inspectors are highly regarded and renowned throughout the world, but that takes time. It is very important to have that reputation, so that people in the rest of the world believe the reports and the regulations that emanate from that.

[Trudy Harrison]

Q I absolutely share your pride in our nuclear industry, and I am certainly looking forward to the future. In terms of the expertise that we already have in this country, my constituency alone has 14,500 Nuclear Industry Association members and 10,000 staff working at Sellafield, many with the skills to lend themselves to being nuclear inspectors. Indeed, the 17 Nuclear Decommissioning Authority sites across Britain are already compliant, which means that they must have staff in place to ensure that compliance, regardless of inspection. Sue, you mentioned not being confident, but what specific steps should we take to provide that confidence?

Sue Ferns: I think that there are a couple of things. First, as the previous witness said, there should be a clearer timetable for various steps. At the moment there is a deadline and then there are two years. How will we get there? The path is unclear.

Nuclear Safeguards Bill (Fourth sitting)

Eleanor Smith Excerpts

Committee Debate: 4th sitting: House of Commons
Thursday 2nd November 2017 Public Bill Committees

[Alex Norris]

I rise to support the amendment. I will start by stating something that is possibly a considerable understatement as well as possibly a major statement of the obvious. It is important that the arrangements that follow from the legislation work—that the arrangements that the Office for Nuclear Regulation puts in place to transition us from Euratom as the safeguard in our British law work. It is important for the jobs involved in the supply chain, for energy security and public safety. Although that may be an understatement and a statement of the very obvious, it is not inevitable that that is the case.

My hon. Friend the Member for Southampton, Test referred to Dr Golshan, who is leading for the ONR, and her oral evidence to the Committee on Tuesday. I want to pull a few paragraphs out of it. The most striking was when she said:

“Our aim, currently, is to have a system in place that enables the UK to fulfil its international obligations by March 2019, which is when we intend to leave Euratom. I have been very clear in the past—I will repeat it here—that we will not be able to replicate Euratom standards on day one.”––[Official Report, Nuclear Safeguards Public Bill Committee, 31 October 2017; c. 7, Q9.]

So things will get worse before they return at some point to parity. I do not think anything in that is revelatory. The ONR and the Government have not got long to prepare. This will lead inevitably to conversations in future sittings of this Committee about what transition periods may or may not be available to the ONR for it to continue its work. Nevertheless, at its root, we need to understand that things are likely to be challenging for the ONR and for the regime that it puts in place.

As a result, it is absolutely imperative that we understand the extent of that, how we might be able to mitigate that and what support could be given from across the House. The best way to do that is through amendment 4, by fully publishing the impact assessment and by showing the evidence from the consultation with the ONR. The amendment is supportive and Ministers will be able to be clear that the ONR had the right resources.

I know we are on a budget at the moment. I was a member of the executive board of my council in my six years before coming to this place, which was obviously on a much smaller scale than here, but I know that at budget time there can be a bit of an arm-wrestle where even close friends have disagreements about priorities. It will be no surprise to hear me say I suspect that even happens at the highest level of Government. The amendment would strengthen the hand of Ministers to make sure that the ONR is properly equipped so that on day one the standards are as good and safe as they can be, and so that the gap that Dr Golshan talked about is closed as quickly as possible.

I will try not to duplicate anything quoted by my hon. Friend the Member for Southampton, Test, but forgive me if I do. There were clear warning signs in the oral evidence about how difficult it will be to get the basic personnel who will be so important. My hon. Friend touched on this, but Dr Golshan said that

“it has not been necessary for the UK and ONR to build capacity and resilience in this area.”

We have unwittingly deskilled ourselves over previous decades, so we are having to break that very quickly. She mentioned the success in recruiting so far:

“We know that we are dealing with a limited pool of expertise, and our success so far, although encouraging, is by no means the end of the story.”––[Official Report, Nuclear Safeguards Public Bill Committee, 31 October 2017; c. 5, Q3.]

She continues that theme later on. Although they are not looking for large numbers, she states:

“we are dealing with a limited talent pool...the expertise is unique...the UK as a whole has not had to focus on developing resilience in this area, so we are limited in what and who we can recruit.”––[Official Report, Nuclear Safeguards Public Bill Committee, 31 October 2017; c. 7, Q8.]

So the ONR has a real job on. Having talked to her, that was very clear. I have no doubt we will play this out when we return to future clauses that talk about transition. It means that two things are imperative: first, that Ministers and we, as legislators, are assured that those day-one safeguards will be the best they can be; and secondly, that the ONR is being properly resourced to do this job. The best way to do that is to lay before Parliament a statement, as referenced in amendment 4.

Yesterday was a significant day in Parliament. We had an Opposition day debate, to which my hon. Friend the Member for Sheffield Central contributed skilfully, about precisely this issue. The hon. Member for Poole said that this will inevitably get wrapped up in the wider conversation about leaving the EU, which I think is reasonable. We know that nuclear is one of the sectors on the list of impact assessments. The debate yesterday and the comprehensive vote showed the settled will of Parliament for those assessments to be revealed. Nowhere is that more important than in this area, because people need that assurance. That needs to be triangulated, too, not only by the Government’s own sense of impact but by sharing the full consultation. We more than dipped our toe into this—we had a day’s worth of experience—on Tuesday, when we talked to people with a variety of interests in the sector. We heard a lot of very important, and in some cases quite concerning, messages. We need to see the whole consultation, as the Bill continues its passage.

The issue came up at the Business, Energy and Industrial Strategy Committee yesterday. People need to know that they will be kept safe; that is obvious. They also need to know what this will mean in pounds and pence and what resources the ONR will need, compared with the resources that go into Euratom. People would then have a full understanding of what has happened and why, and whether that has been a good thing.

Anything that involves leaving the EU is necessarily hotly contested space. The things we talk about are not necessarily so hotly contested politically. I think Members across the House would want to have a sensible conversation about this, as we have done today, and I do not think it offers much political opportunity or that there are votes in it in our constituencies—certainly not for me. People need to know that they are safe, and they need to know the financial consequences for them of the legislation. The only way to do that is to accept amendment 4, which is very helpful, and underpin it with amendments 12 and 13, to ensure we have full transparency.

[Eleanor Smith (Wolverhampton South West) (Lab)]

I support the amendment on the impact assessment.

In my previous life, before coming into Parliament, I was a nurse, and part of my role was to look at patient safety and, of course, staff safety. We always had an impact assessment. Any new policies introduced by our trust were given a risk assessment to make sure the patients we were looking after and the staff working in that environment were safe. I have now come into Parliament and seen the different structures here and how it works, particularly through this Bill Committee.

I have to break it down to understand it. I see this as similar to what I would do if I was working in a hospital, looking at the safety of our patients. The only difference is that this is nuclear, which strikes me as really important. I would look for 100% safety for my patients, and I certainly would look for 100% safety within the nuclear power industry.

We heard from different witnesses, and from what I gathered, they agreed with the Bill. The one thing they want is the resources they need. To do that I want to see, as it says in the amendment, an “impact assessment” published, so that we can see for ourselves that everything put in place is 100% guaranteed safe—not 99%. I asked Sue Fern about training, because in hospitals they always say, “You’ll be able to do this and you’ve got the nurses required to do it.” But unfortunately, we never have the experienced nurses that we want. That takes time. I am sure that that will be same for inspectors, because it takes time to gather the experience—they cannot just be found. If those experienced people are not out there, the risk is that things will not be as safe as they should be.

I support the amendment so that we can have the impact assessment to see for ourselves that the ONR has the resources it needs to guarantee—that is the important point—the safety of members of the public. My constituency is not in a nuclear area but people work in those establishments and we have to guarantee their safety as well.

--- Later in debate ---

[Richard Harrington]

It will not do that, because it is impossible to forecast how the recruitment and everything will go. I am not trying to dodge the hon. Gentleman’s very legitimate question, but in recruitment at its most basic, when placing a job advert, it is unknown how many people are going to reply. I am not dodging his question, but the impact assessment cannot specifically say that.

I accept the quality of Dr Golshan’s evidence. She spoke again yesterday at the Business, Energy and Industrial Strategy Committee and she meets regularly with all my colleagues in the Department.

[Eleanor Smith]

The Minister said that there will not be enough, but does that not have an effect on the safety? If there are not enough people to do the inspection, does that not compromise the safety?

[Richard Harrington]

I am sorry to be pedantic in front of the hon. Lady. It might affect the safeguards, which are to do with non-proliferation and so on, not the safety. If there were not enough inspectors to do safety, it would have the effect the hon. Lady mentioned, but this particular Bill it is to do with safeguards. I know that sounds like one word against the other, but it is a different regime—albeit a very good one, and it also has skill recruitment issues, just like any other. I am not making light of her comment, but in this case it is not safety in the sense of health and safety— people getting hurt or leaks—important though that is, but it would certainly affect the safeguards regime if the recruitment and other things were not done properly, which is why we have started this straightaway.