Dalgety Bay

Gordon Brown Excerpts

Tuesday 17th December 2013 Commons Chamber

[Mr Gordon Brown (Kirkcaldy and Cowdenbeath) (Lab)]

I am grateful to you, Mr Speaker, for agreeing to this debate, but I regret having to come back to the House and subject it to a fourth debate in less than three years about a single issue in one constituency—radiation contamination in the Dalgety Bay area of Fife.

It is now more than half a century since contaminated materials containing radium-226 were dumped on the Dalgety Bay foreshore by people on behalf of the Ministry of Defence. It is now just under a quarter of a century since the Ministry accepted that the contamination existed and posed a potential safety risk. It is now three years since the discovery of large amounts of contaminated particles that, as a result of coastal erosion, had risen to the surface, with some particles having a level of radiation that is judged to be a risk to health and thus completely unacceptable. It is now nearly two years since the Ministry of Defence committed itself to a plan that required the polluter to clean up the area. It is now six months since the Committee on Medical Aspects of Radiation in the Environment and Public Health England, the relevant health body advising the Ministry, called for the clean-up to be agreed and to happen as soon as possible.

Despite more than 50 years of contamination, nearly 25 years of the Ministry of Defence knowing about the risks, two years of knowing the seriousness of the risk and the likely escalation of such risks, and two years in February since a plan was agreed with the Scottish Environment Protection Agency, there has been no clean-up, no agreement to fund a clean-up, no agreement on a plan for a clean-up, no agreement even on the options for such a plan and, as yet, no presentation of the options for a clean-up plan or the promised consultation on those options. Indeed, the Ministry of Defence has yet to agree to what it promised in February 2012 to do by May this year—publication of the options for remedial action, acceptance of responsibility by the polluter for the pollution and a plan to fund the clean-up.

It is sad to report that despite all the evidence proving the Ministry of Defence’s responsibility and all the evidence of its admission of responsibility as long ago as 1990, the Ministry is even now—months after a report this spring named it as the polluter—refusing to accept that it has responsibility in this area. That is despite the clear promise made in a letter from Mark Hill of the Defence Infrastructure Organisation, dated 21 December 2012, which stated:

“In the event that MOD is found to be an Appropriate Person in accordance with the statutory regime for contaminated land”—

the MOD was of course named as the appropriate person a few months ago—

“the Department will fulfil its legal obligation to meet its portion of the liability and carry out voluntary action including remediation where appropriate.”

All this is yet to happen.

There has therefore been a failure to make progress on three important issues—publication of the options for the clean-up, agreement on the funding of the clean-up, and acceptance of responsibility as the polluter. Those issues of deep concern locally have brought me back to the House today to ask the Minister—I know that he has visited the area and, as he will reply to me for a second time in the House, he is fully aware of the issues or, at least, he should be—to use his influence to end the delays, to end the failure of the Ministry of Defence to accept responsibility and to end what I am afraid to say is a lack of consideration for the people of Dalgety Bay that is now strongly felt in the local community.

The issue of the contamination and its significance cannot be wished away. Dalgety Bay is already the first and only area of the United Kingdom where a radiation risk assessment has had to be done to measure the extent of the contamination. It is also the first and only area of the country to be the subject of what is called an appropriate person report—a report under the legislation dealing with radiation contamination—which has been produced through very detailed research by the Scottish Environment Protection Agency. It has concluded that, without any doubt in the matter, the polluter of the area is indeed the Ministry of Defence.

Dalgety Bay is therefore not only the first area subject to such a risk assessment and to the naming of a polluter, but it is still at risk of being named by the Scottish Environment Protection Agency as the only radiation contaminated area in the United Kingdom, which has never happened to areas where there are nuclear weapons, nuclear power stations or nuclear waste storage. If it had to be imposed on the area, which is a scenic part of the Fife coastal walk, such a decision would blight the foreshore, harm the environment and cause difficulties for the town that would last well into the future or, at least, for as long as we can see ahead.

We therefore cannot gloss over this matter. For 13 years, starting in 1946, decommissioned military aircraft were scrapped and then incinerated. The resulting ash, which included radiated particles, was dumped in the area of Dalgety Bay.

To give an understanding of the scale of the pollution, I want to draw the House’s attention to a memo of 14 December 1990, which was sent by Her Majesty’s inspectorate of pollution to the then Minister at the Scotland Office. The official’s report stated:

“I attended a meeting with the MOD to discuss the possible origins of the contaminated material and to consider how best to proceed. MOD confirmed that some 800 aircraft were scrapped during 1946 at the nearby…HMS Merlin and that the aircraft would have contained instruments and equipment luminised with radium.

There is evidence that the debris from demolition work at the…station was used for infilling purposes between 1946 and 1959.

This information, together with the nature of the contained debris which has been found leaves little doubt as to the origins of the contaminated debris which has been found…and is likely that there is more material buried in the area inland from the beach.”

He said:

“I am glad to report that”

the MOD

“seem willing to help both with further monitoring and with any remedial action which might be necessary.”

In the last debate on this matter, the Minister told me:

“We have found no evidence to corroborate claims that 800 aircraft were destroyed in 1946 through burning, and the resultant waste material—including ash—deposited on the beach or within the headland prior to 1959.”—[Official Report, 9 July 2013; Vol. 566, c. 335.]

I take that one contestation of the report to mean that everything else was correct: that the dumping did take place, that it was authorised by the Ministry of Defence, that the waste is a potential risk, and that the Ministry of Defence does and should take responsibility. It is only the precise number of aircraft that he cannot confirm, but he cannot deny the figure either.

In 1992, there was a report in which the Ministry of Defence accepted that Dalgety Bay was a polluted area. Again, after 2000, Mr Fred Dawson, the head radiation protection officer dealing with the safety officer at the MOD, advised that the Ministry of Defence would be found liable and that there was significant reputational damage involved in denying liability in this area. More recently, the community council, under the chairmanship of Colin McPhail MBE, whom I congratulate on the work he has done to expose this matter, solicited statements by former and present residents about the scale of what happened in the ’40s and ’50s. I understand that the leader of Fife council, Alex Rowley, has assembled a mass of evidence that is available to the Ministry.

It is hardly surprising that the Scottish Environment Protection Agency states:

“The total number of radioactive…particles…that have now been recovered since the beginning of our investigation in September 2011 is over 1,000. Of these sources, five had a radioactivity content of greater than”

the accepted level of radium-226. After that report, we cannot doubt that the dumping of materials was done by the Ministry, that those materials have radioactive content or that, because of coastal erosion, the particles are being brought up to the surface in greater numbers. Action must now be taken. The discovery of radiation particles on the surface is not an historical problem that is diminishing the further we move from the time of the dumping and that is likely to disappear over time; contaminated particles are being discovered all the time. That is aggravated by winter storms and rising coastal erosion. Such particles are being washed up or found on the foreshore at the rate of 100 a month.

Let us be clear what the Ministry of Defence promised us would have happened by now. In February 2012, the Ministry agreed to an “Investigation Plan”, which listed the stages of work that would be undertaken. The Ministry promised that in the second part of stage 3, which was due to happen between February and May this year, it would outline management options for the clean-up of the site:

“MOD will set out within the investigation report outline management options which may include remediation.”

That was supposed to have happened seven months ago. The report also stated:

“The options should be distinct and range from the ‘do minimum’ to the ‘maximum possible’.”

It recommended an holistic approach and said that the listing of the options was to have happened seven months ago. It then said:

“It may be appropriate to sift the outline options…to whittle the number down to a manageable size”.

That has not been done either.

It said that stages 4 and 5 were then to be progressed by the appropriate persons. Stage 4 should

“comprise the long-term management/remediation solutions”,

with consideration of

“source removal, pathway disruption and receptor protection…to reduce the level of uncertainty.”

Stage 5 should then be delivered by the appropriate person, meaning the polluter, the Ministry of Defence.

Not one of those promised actions has yet happened. Seven months on from the deadline agreed by the Ministry, there has been no option study published and no narrowing of the options. Although the Ministry has been named as the polluter, none of the options has been costed and none of the clean-up has yet been agreed. None of the work has been planned or gone out to contract, far less any clean-up done. Work that was supposed to have been completed on a timetable from February to May this year has not been done, and we are still waiting for the options paper to be published and the consultation entered into.

The community council chairman was promised in a letter from Mr David Olney of the Defence Infrastructure Organisation, dated 26 March 2012:

“MOD experts are already in regular contact…in order to ensure the successful completion of the investigation by May 2013.”

That has not happened. The effect is that work that should have been commissioned in the autumn and completed by the winter has now been delayed. The likelihood is that we will face another winter of coastal erosion, with more particles being brought to the surface, and that a summer and autumn of delays will be followed by a winter of further delays, about which I want to ask for answers today.

The consultation that was promised has ground to a standstill. The last meeting of the Dalgety Bay particles advisory group was held on 22 May and the last forum meeting on 30 May. A meeting of stakeholders was promised before the end of the year, but none will take place until the beginning of next year, which means that work is unlikely to start before next summer, if then.

The Minister must also consider the fact that the delays are all the more regrettable because nearby, in Almondbank in Perth, at another ex-Ministry of Defence site where contamination was discovered, the clean-up was agreed and carried out within six weeks. It appears that that was because the remedial work was a condition of sale, with penalty clauses included. It looks like the Ministry is willing to act with speed only when there is a legal obligation to do so.

Machrihanish, where there are far lower levels of radiation, was also cleaned up without anyone having to come to Parliament to beg for it to be done. Again, that was because of a condition of sale in a commercial contract. Must we really accept that the Ministry of Defence will move only when there are commercial obligations and stall when it feels it has only a moral obligation to act? Have we to wait for the Scottish Environment Protection Agency to impose statutory obligations on the Ministry of Defence, which it is entitled to do?

The delay is galling because, as I understand it, the Ministry of Defence will announce in the next few days that it will break up submarines at Rosyth, next door to Dalgety Bay. For months it has been consulting on a plan, one of the options in which is to store not only low-level but intermediate radioactive material there. In that case, it would be nuclear waste.

The Minister has accepted responsibility not only for the DIO but for Scotland as part of his work in the MOD. As any visit he makes to Scotland will prove, the Ministry cannot command any public confidence when it seeks to guarantee safe long-term storage of either low-level or intermediate radioactive nuclear waste in Rosyth if it cannot even reassure the people of the nextdoor town that it will take responsibility for the safe disposal of the long-standing radiation waste at Dalgety Bay. Would the Minister be happy to accept the storage of even more radioactive waste in his constituency if he had no assurances about the safe storage of the existing waste?

[Thomas Docherty (Dunfermline and West Fife) (Lab)]

I am grateful to my right hon. Friend for securing this important debate. Does he agree that there is no way in which my constituents in Rosyth or his in Dalgety Bay will accept for a second that waste being stored at the site or in the wider West Fife area?

[Mr Brown]

My hon. Friend is absolutely right. It seems that one part of the Ministry of Defence has no clue what another part is doing. It wants to store waste at one place in that part of Fife but refuses to clean up the mess left by previous waste in another part. It is shocking that there is no co-ordination within the Ministry, and I believe that people who work on the nuclear programmes in the MOD are unhappy with the state of affairs that the Minister and his colleagues have left us with.

I come now to the delays. When replying to the previous debate, the Minister said we should take into account the views of Public Health England, which he said had not exactly given a “ringing endorsement” of the report produced that showed the risk and named the polluter. The letter sent to SEPA from Public Health England stated on 28 June:

“I am writing to provide comments on the…risk assessment …Regarding your contaminated land assessment, we agree that radium-226 contaminated objects recovered from Dalgety bay include objects that could give rise to radiation doses that exceed the relevant criteria for the Radioactive Contaminated Land (Scotland) Regulations 2007; specifically the effective dose criterion of 100 MSV.”

Whether or not that is possible, it is important that such objects are removed from the beach and disposed of appropriately.

On 10 July Public Health England wrote:

“It is clear that there is a level of radioactive contamination that requires further investigation and appropriate action.”

The response stated:

“You also asked about the extent that risk mitigation is required. It is clear that doing nothing is not an option and as noted above, it is important that agreement is reached by all of the interested parties on the best way forward.”

Public Health England then wrote formally to all parties on 21 August saying that it has

“consistently called for a management strategy to be developed and implemented at Dalgety bay.”

It concluded:

“We agree that the…criterion on effective dose could be exceeded for ingestion.”

There is no doubt about where the health authorities stand on the issue.

I understand that the MOD is worried about creating precedents, and that 15 sites with similar waste have been revealed by the MOD, including Dalgety Bay. I know that a radioactive waste inventory of 2010 suggests there are many more sites that are not under the control of the MOD but may have radioactive waste. However, I have always argued that because of coastal erosion on a site beside the sea, there is a special case for action in Dalgety Bay that the Ministry of Defence should now accept. Nothing excuses it for refusing to act on the incontrovertible evidence now available.

In the past few months, all the facts have been produced, researched, documented and published in forensic detail. We know that without doubt the MOD was responsible for dumping the waste, and that it knew for nearly 25 years without telling us that there were safety issues and risks that should have been dealt with. We also know that if it does nothing to fund the clean-up, it will have legal obligations that it will eventually have to meet. It is surely time to bring this sad saga to a conclusion in the only way possible, and I hope I will not have to ask you, Mr Speaker, for a fifth debate before the responsible course of action is pursued. That responsible course is for the MOD to own up to the damage, to pick up the bill to get rid of the waste and clean up the area, and to do so as soon as possible. The patient and long-suffering residents of Dalgety Bay deserve nothing less.

[The Parliamentary Under-Secretary of State for Defence (Dr Andrew Murrison)]

I congratulate the right hon. Member for Kirkcaldy and Cowdenbeath (Mr Brown) on securing this debate—his fourth on the subject since November 2011. Believe me, Mr Speaker, I sincerely hope that he will not have cause to call a further debate, and that some of the things I say today will reassure him about what is happening and what is to be done in the near future, and that that will be helpful for him and his constituents.

As he said, I visited Dalgety Bay in July to see the situation for myself, and I have read the case file in depth. I assure the right hon. Gentleman that I have taken a close personal interest in this matter. We now have the draft outline management options appraisal report dated 30 September. That has been shared with SEPA and will be published early in the new year. I would be surprised if he has not had sight of it already, but if he has not, I will ensure he gets a copy.

Following a meeting between SEPA, the MOD and Public Health England on 28 November, the preliminary findings of the detailed risk assessment, heralded in July, will be available early in the new year. I think SEPA has now agreed that both are needed to determine a credible and coherent way forward.

Contrary to the impression that the right hon. Gentleman and others continue to give, the MOD has never sought to abdicate its legal responsibilities, much less “pass the buck” or delay progress in reaching a resolution. We have been upfront about the Department’s historical activities and the part they might have played in introducing radium into what was the royal naval air station Donibristle and HMS Merlin. Moreover, he will recall that we previously intervened to remove contaminated material from gardens within the housing estate that now occupies the former defence sites, while taking care to avoid blighting his constituents’ properties. Furthermore, removal of contaminated material is one of the options contained in the September options appraisal.

To date, our support to SEPA alone has cost in excess of £1 million. Work undertaken by the Department has included: a site investigation; an ongoing monitoring and recovery programme; continual work to reduce the hazard by removing any radioactive contaminants found; and most recently work to develop the more detailed risk assessment necessary to inform the discussion and development of an effective long-term management strategy. This work has the support of both SEPA and Public Health England, which, despite its name, is also responsible to the Scottish Government.

As the right hon. Gentleman would expect, the MOD sought legal advice, and this has been shared with SEPA. Senior counsel’s advice deals with judicial review of SEPA’s risk assessment, SEPA’s appropriate person report, to which he referred, and the statutory guidance on which it apparently relies, and the advice is that this matter could be subject to a judicial review favourable to the MOD. That opinion was informed by acknowledged experts in radiological assessment, as he would expect. Rather than seeking to settle the matter by potentially expensive, protracted and divisive legal means, however, my Department favours dialogue and the development of a robust evidence-based understanding of the risk that accords with established best practice and is scientifically rigorous.

I understand the frustration caused and the impatience of the right hon. Gentleman and his constituents with the clean-up, and I can assure him that we are genuinely working as fast as we can, with the parties concerned, to bring the matter to a satisfactory conclusion. He will understand better than most, however, the complexity and the scientific and technical difficulties posed by the site. I am reliably informed that the site is unusual and that that has resulted in some of the delays to which he referred. I hope he agrees that, without the understandings I have mentioned, it is not possible to engage all interested parties in developing and delivering a viable long-term solution that is proportionate to the risk. It remains open to SEPA, if it is confident of its reports, to designate the MOD as an appropriate person, triggering either acquiescence by MOD or a legal challenge, but to date there has been no such designation.

The right hon. Gentleman has not specified precisely what remedial action he seeks. If I can be candid with him—he has referred to this too—I fear large opportunity costs translating to waste where there is negligible risk to public health. He will know that if the MOD concedes this case without identifying where any significant health risk might emanate on the site, the precedent could cost hundreds of millions of pounds in extensive and unnecessary remedial work across the country. Statute calls for a risk-based approach, but it remains doubtful whether there is a significant risk of harm. It is also unclear whether the activities undertaken on the land after my Department vacated the site changed the risk by potentially exposing the public to contamination.

Ultimately, the presence of radium at Dalgety Bay must be viewed and addressed in the light of the statutory regime for contaminated land, rather than the correspondence from the 1990s to which the right hon. Gentleman referred, or concepts such as ALARA —as low as reasonably achievable—designed primarily for other purposes.

The draft report from the Committee on Medical Aspects of Radiation in the Environment states that

“there does not appear to be a current risk from external radiation”.

I take that to mean gamma and beta radiation. The right hon. Gentleman will recall that the Centre for Radiation, Chemical and Environmental Hazards has previously concluded that the likelihood of a member of the public inadvertently ingesting an object contaminated with radium that could cause them significant harm is less than one in 10 million. I remind him that, in 1998, he was aware of the view that the annual risk of contracting a fatal cancer through inadvertent inhalation or ingestion was found to be less than one in 1 million—something that he regarded then as a “negligible risk”. Indeed, he pointed out at the time that it is more negligible than the risks run by people living among the granite of Aberdeen.

After the right hon. Gentleman made his remarks, a scoping risk assessment was undertaken by the Centre for Radiation, Chemical and Environmental Hazards in 2012. It took account of the two high-activity objects found in late 2011 and two subsequent objects found in April 2012, and, together with the current management measures, concluded that the risk of attributable cancer from Dalgety Bay was actually less than one in 10 million. That is less than the risk that informed the right hon. Gentleman’s 1998 reassurance by an order of magnitude. In addition, the most recent cancer report collated by COMARE found no evidence of the occurrence of cancers in the local population that would ordinarily be attributed to the presence of radium-226.

The right hon. Gentleman—who was of course Chancellor, then Prime Minister, between 1997 and 2010 —did nothing on this subject during that time other than to announce that his constituents faced a negligible risk of harm in 1998. I have to say to him that he needs to be very careful indeed about raising fears in his local population. He knows full well that the Government will comply with statute, but I have told him that we will go beyond that. We will voluntarily play our full and proper part in protecting public health, but that has to be evidence based and underpinned by a proper risk assessment.

[Mr Gordon Brown]

I think the Minister knows—and no one should be under any other impression—that it was only in 2010 and 2011 that the scale of the particles appearing on the surface became so great that we had to have the extra investigations, to find out what needed to be done. The main point, which should not be evaded when we are talking about all the other issues in this debate, is that this clean-up will have to happen. The engineering options will have to be set out, and the Ministry of Defence will have to accept responsibility. When the Minister presents the options paper in January, will he narrow down the options to those that are realistic, and then have an immediate public consultation on them? Will he then agree to set a timetable under which he will agree to fund the chosen option? We have agreed that he wants to dispense with lawyers whenever possible. Let us now have a sensible timetable so that we can get this done. We must not go through another winter with this contamination rising to the surface.

[Dr Murrison]

I have given the right hon. Gentleman an assurance that I want to see this sorted out quickly. There are two bits of material that are necessary in order to do it properly. One is the options appraisal study to which I have referred. It is currently in draft form and will be published very soon. The other is the risk assessment. The two need to tie in together because we cannot otherwise make a determination on which option to choose, or on whether to choose a mixture of some of the options, in order to obviate the various risks that might be posed by contaminants across this complicated site. I think it is true to say that SEPA now agrees that both those elements will be necessary in order to plan credibly and comprehensively for the future at Dalgety Bay. I hope that the right hon. Gentleman is getting a sense that those two things are now coming together very quickly, and that we will be in a position to make a determination on this matter, which I hope he will find satisfactory, very soon.

[Mr Brown]

rose—

[Dr Murrison]

Before the right hon. Gentleman intervenes again, may I just comment on the objects that were found and the influence they had on the assessment of risk? As I said, the risk was determined at one in a million. That went down to one in 10 million. It was the same organisation that did the assessments. What had changed were the mitigation measures taken, notwithstanding the finding of the four high-intensity objects.

[Mr Brown]

I accept what the Minister says, but the health protection organisation that advises him has said that this work has to be done. I repeat: the clean-up will have to happen. It is right that the engineering options are investigated in detail so we can target where the remedial work must be done, but I put this again to the Minister, as I think he misunderstood me: when he publishes his options paper in January, having a range of all possible options will simply mean another few months of delay. Can he not narrow down the options by January, so that we can then set a realistic timetable to get the work done, and proper funding for it, as well as the public consultation exercise? There is one kind of options paper that looks at everything. There is a specific type of options paper, which was promised and which should be done by January, that looks at the main and realistic options for cleaning up as soon as possible.

[Dr Murrison]

Yes, of course, but it is not a decision to be taken unilaterally by the MOD; SEPA will wish to take a view and it has a copy of the draft paper already. It will want to make a determination, it has said, once it is in possession of the risk assessment to which it has contributed and, indeed, which it has formed in a way, because it has insisted on particular data sets making up that exercise.

Dalgety Bay (Radiation)

Gordon Brown Excerpts

Tuesday 9th July 2013 Commons Chamber

[Mr Gordon Brown (Kirkcaldy and Cowdenbeath) (Lab)]

I rise to raise an issue—radiation contamination in Dalgety Bay in my Fife constituency—that I have raised with the House on two previous occasions: in November 2011, when I first asked Ministers to take action; and in March this year, when I suggested that the time was now overdue for action. I regret having to come back to the House, but I am grateful to you, Mr Speaker, for allowing me to raise this issue, because we now have greater evidence of the scale of the contamination and of the risks inherent in it.

We are now faced with a choice, because in the next few months the Ministry of Defence will have to make a decision, as the Scottish Environment Protection Agency will be bound to designate this area as the only radiation-contaminated area in the United Kingdom if action is not taken by the MOD as soon as possible. It is an amazing fact that we have nuclear waste sites, we have nuclear submarines and we have weapons in different parts of the United Kingdom, but this small beach in the heart of my constituency, which is on a walkway, the coastal path of Fife, is liable to be named the first ever radiation-contaminated area in the UK. I want to do everything in my power this evening to persuade the Minister that it is within his power and the power of his Department to stop that.

Dalgety Bay is already the first area of the United Kingdom where a risk assessment study has had to be done to measure the extent of radiation contamination and where what is called an appropriate person report—a report under the legislation dealing with radiation contamination—has been produced and has concluded that the polluter of the area is indeed the Ministry of Defence. Today and tomorrow, the Committee on Medical Aspects of Radiation in the Environment is meeting in London to discuss the risk assessment report. In my view, it will reach the same conclusion as Health England: that the area is contaminated, that action must be taken as soon as possible and that the polluter should take responsibility for doing so.

Although I have raised the issue in the House for 18 months, it is only in the past few days that I have discovered the scale of the problem in the greatest detail, thanks to the risk assessment report and to the appropriate person report, of which the Minister will no doubt be aware. That makes it clear that the contamination of the beach area in Dalgety Bay arises from the fact that starting in 1946 and for 13 years, wartime fighter planes and other planes in the possession of the Royal Air Force were scrapped and incinerated before the ash, including radiated parts, was dumped in the area of Dalgety Bay. In 1946 alone, 800 planes were scrapped and their parts dumped in this area of my constituency. From 1946 to 1959, not a few planes—not tens, or twenties, or scores—but hundreds were broken up before their parts were incinerated and the ash, including radiated parts, was dumped in the area.

The Scottish Environment Protection Agency report, which has just been published, states:

“The total number of radioactive…particles… that have now been recovered since the beginning of our investigation in September 2011 is over 1,000. Of these sources, five had a radioactivity content of greater than 1 MBq of Radium-226…Four of these sources were located in the area which is currently cordoned off and the fifth on an area in front of the headland which is only accessible at low tide.”

There is no doubt in the view of SEPA that dumping of materials took place, that they have radioactive content, that because of coastal erosion the particles are being brought up to the surface and that action will now have to be taken.

Only a few days ago, I also discovered that there is a huge difference between what the Ministry of Defence admits privately and confidentially behind closed doors about what has happened and the public statements it has made. I very much regret having to bring this to the House, but on 14 December 1990, Her Majesty’s inspectorate of pollution sent a memo to Lord James Douglas-Hamilton, the Minister at the Scotland Office at the time. It is written by someone called Mr Wright and the copies went around a number of different people within Government. Mr Wright said:

“I attended a meeting with the MOD to discuss the possible origins of the contaminated material and to consider how best to proceed. MOD confirmed that some 800 aircraft were scrapped during 1946 at the nearby…HMS Merlin and that the aircraft would have contained instruments and equipment luminised with radium.

There is evidence that the debris from demolition work at the air station was used for infilling purposes between 1946 and 1959.

This information, together with the nature of the contained debris which has been found leaves little doubt as to the origins of the contaminated debris which has been found…and is likely that there is more material buried in the area inland from the beach.”

He went on to say:

“I am glad to report that”

the MOD

“seem willing to help both with further monitoring and with any remedial action which might be necessary.”

So there, in 1990, we have an admission that the Ministry of Defence is not prepared to make today—an admission that it refused to make when the responsible persons report, naming it as a polluter, was published. That is a memorandum from within the Government machine, from Her Majesty’s inspectorate of pollution, making it absolutely clear that the Ministry of Defence had not only admitted culpability, but was prepared to take the remedial action I have been demanding for some time.

In 1992, a similar report was done, in which the Ministry of Defence named Dalgety Bay as one of the polluted areas. Again, after 2000, it is absolutely clear from the report of Mr Fred Dawson, who was the head radiation protection officer dealing with the safety officer at the MOD, that the Ministry of Defence was advised by him, at that time, that it would be found liable, and that there was significant reputational damage involved in denying liability in this area.

When so many people and expert agencies have made it absolutely clear that the material is radioactive and was dumped by the Ministry of Defence, and that the infill has made possible the tip at the sailing club and at Dalgety Bay head, why does the Ministry of Defence still refuse to accept responsibility? It requested a lawyer’s report as well as an expert report by the Scottish Environment Protection Agency. Why, when it was published, a few days ago, did the Ministry of Defence say that it was not satisfied, that it doubted the veracity and accuracy of the report, and that it was not yet prepared to accept its culpability in this matter?

In the risk assessment report, which I have read in some detail, and the appropriate persons report, there is a year-by-year catalogue of the actions taken by the Ministry of Defence, through the Royal Air Force, which used the airfield for breaking up planes, incinerated the planes, prepared the ash for dumping, and removed the ash to the dump, which eventually became the ground on which part of Dalgety Bay—the new town—is built. At no point is it made clear by any witness that the Ministry of Defence is anything other than liable for this.

Why has the Ministry of Defence insisted on trying to pass the buck to other people in the area who have no responsibility for this contamination? The developers, the property owners, and the sailing club, which has had to change its constitution to protect itself from the fall-out from this, have all been suggested, by the Ministry of Defence, as being potentially to blame, when it is absolutely clear from every document we have that the Ministry of Defence is responsible. Unfortunately, it has to accept its role as a responsible polluter in the area.

This matter is made more difficult by the response of the Ministry of Defence to the risk assessment report by the Scottish Environment Protection Agency. In a Ministry of Defence letter of 28 June to SEPA, a copy of which I have been given—it is very short and rather dismissive, I am afraid—the Ministry cites four objections, three of which are entirely technical and, I believe, easily dealt with, but one of them simply beggars belief. Key issue No. 1 is what it calls

“‘theoretical’ object—it is not clear whether an object with the properties required”—

that is, with radiation inherent in it—

“has been found or whether there is simply the possibility that such an object might exist.”

However, these objects were admitted in 1990. The fact that these particles were there was admitted in 1992. The Ministry of Defence’s own contractor found hundreds of these particles; 3,000 have been found in the bay.

The Dalgety Bay and Hillend community council has done a study of the work done by the Ministry of Defence contractor, and I am grateful to Colin McPhail, the chairman of the community council. It covers 100 trial pits and six bore holes. Some 84% of the material comes from the tip, and in 47% of the articles, there is radium-226. In 75% of the articles discovered, there is debris from the airfield. There can be absolutely no doubt that these are not theoretical objects, but particles that have been discovered. After all this time, the debates that we have had in the House of Commons, the letters that have been exchanged, the protests of the community council, and the evidence that the Ministry of Defence has received, it really is beyond me that the Ministry of Defence can believe that it is dealing with a theoretical issue, not a practical issue; there are contaminated particles that have to be either removed or covered up if the safety of residents is to be guaranteed.

If the Ministry of Defence thinks, in theoretical terms, that all the objects have been discovered and no further objects are going to rise to the surface, it is wrong. These objects are being discovered at the rate of 1,000 a year, and because these materials, as I know, do not decompose or disappear of themselves, they are likely to continue to come to the surface as a result of coastal erosion. As the Scottish Environment Protection Agency has told me, there is a cache of contaminated ash and clinker in areas of made ground which form the current coast in the area of Dalgety Bay.

In the letter that the Ministry of Defence sent to SEPA, it refers to a review that it is doing, and I would be grateful to hear the details of that. It says that it will take into account the findings of Public Health England, but Public Health England has already stated on 28 June that is agrees

“that radium-226 contaminated objects recovered from Dalgety Bay include objects that could give rise to radiation doses that exceed the relevant criteria”

of the regulation.

We know that the objects under consideration are not theoretical, but real. We know that the finds of these items are likely to continue over the years. We know that Public Health England already considers this a health issue that must be dealt with. We know that the Committee on Medical Aspects of Radiation will make a disposition on the matter tomorrow.

For two years now, the area has been in limbo. The beach area has been fenced off. The sailing club has had to change its constitution, as I told the House. House prices may yet be affected. The Ministry of Defence is trying to persuade residents in the next town, Rosyth, that that should become the site for the decommissioning, dumping and breaking up of nuclear submarines, telling them that there is no health hazard involved. When the MOD engaged in a consultation on the issue, the residents of Rosyth, who have a history of working with the Ministry of Defence through the naval base and, still, the royal dockyard, the major objection that the residents of Rosyth raise to the decommissioning and dismantling of submarines at Rosyth is that if the Ministry of Defence cannot be trusted to deal with radiation contamination at Dalgety Bay, how can they trust it to deal fairly with them over the dismantling and breaking up of submarines at Rosyth?

The Minister who dealt with the matter in the past said that if contamination is proven, if risks remain, and if the Ministry of Defence is found to be responsible, it will voluntarily, without the need for a designation order, fund the clean-up operation to remove the blight that is in the area for years and decades to come if nothing is done.

With these two major reports we have moved from the world of ifs to the world of certainties. Contamination has been proven. Risks do remain. The Ministry of Defence is responsible, and it is no use the Minister coming to the House this evening and saying, “If contamination is proven, if risks remain or if the Ministry of Defence is responsible, it will act.” These three facts are established. They are not theoretical, but real. They are not what might be. but what is. We have moved from the world of conditional statements that could have been made two or three years ago to unconditional certainties.

The Scottish Environment Protection Agency was asked only to judge the balance of probability in these matters. It has actually shown that the problem is the responsibility of the Ministry of Defence beyond all reasonable doubt, in my view. It is now time for the Ministry of Defence to do the decent thing. It should own up, clean up the area, pick up the bill for that because it is the responsibility of the MOD, and it should hurry up, because the residents of Dalgety Bay should not have to undergo another winter when further coastal erosion causes more particles to appear, the health risks to be mentioned by residents, as they are now, and the damage to get worse. I urge the Minister, even at this late stage, to accept responsibility and to get on with the clean-up of Dalgety Bay.

[The Parliamentary Under-Secretary of State for Defence (Dr Andrew Murrison)]

I start by warmly congratulating the right hon. Member for Kirkcaldy and Cowdenbeath (Mr Brown) on securing this debate. It is an important subject and he has expressed his views passionately, as I would expect. He has been, if I may say so, an assiduous Member of Parliament in his attention to this matter, securing Adjournment debates in November 2011 and in March this year. My right hon. Friend the Defence Secretary tells me that the right hon. Gentleman has also had a long conversation with him, when he covered much of the ground that he covered this evening and which I hope to cover in the time available to me tonight.

I well understand the right hon. Gentleman’s passion for this subject given his long association with the area and the local community he represents, and if he is agreeable to the notion, I look forward to visiting Dalgety Bay before too long. We have a duty to those we represent to present a balanced view that neither sensationalises nor causes unnecessary anxiety, and I know the right hon. Gentleman will want to do just that. Contrary to the impression he gave, however, the Ministry of Defence has never sought to abdicate its legal responsibilities, much less “pass the buck”. In fact, we have acknowledged that in all likelihood our historical activities introduced radium into what was Royal Naval Air Station Donibristle and HMS Merlin. Moreover, we have demonstrated a serious commitment to supporting the Scottish Environment Protection Agency, and expended £825,000 to date undertaking a site investigation, as well as a monitoring and recovery programme along the foreshore. The right hon. Gentleman will recall the work we have undertaken in a number of gardens belonging to his constituents where radium was discovered, at a cost of some £500,000.

On recent statements in the press concerning a memo allegedly from the MOD, the document we are aware of, dated December 1990, is from Her Majesty’s industrial pollution inspectorate to the Scottish Office—I think that is what the right hon. Gentleman referred to in his remarks. We have found no evidence to corroborate claims that 800 aircraft were destroyed in 1946 through burning, and the resultant waste material—including ash—deposited on the beach or within the headland prior to 1959. Interestingly, the memo mentions the disposal by burial of waste arising from the scrapping of aircraft at a location inland from the beach, which we understand may be a former quarry. The memo also appears to acknowledge the MOD’s willingness to assist the regulator, then Her Majesty’s industrial pollution inspectorate—a situation not dissimilar to today when the MOD is assisting SEPA with its statutory inspection of the beach and adjacent shoreline.

The question is whether there is significant risk of significant harm, and the extent to which the activities of those who controlled the land after the MOD impacted on the current situation. The right hon. Gentleman cannot dismiss the latter point because that is the statutory test.

[Mr Gordon Brown]

Has the Minister read the risk assessment and the appropriate persons report? If he has, will he acknowledge that the Scottish Environment Protection Agency has established beyond any reasonable doubt that none of the people whom the Ministry of Defence thought may have been responsible for adding to pollution in the area is deemed responsible? If the statutory agency responsible for reporting on these matters is not believed by the Ministry of Defence, what are we to believe?

[Dr Murrison]

It is not a question of not believing statutory agencies, but I must report to the right hon. Gentleman that SEPA has been less than helpful in this matter. That is why there is a need for a further meeting, which my officials have scheduled, at which I hope such issues will be fully worked through. I am sure he would agree that in matters such as this where there is controversy over the evidence, and particularly the risk assessment that is central to this—

[Mr Brown]

rose—

[Dr Murrison]

If the right hon. Gentleman will allow me, I will get back to him when I can. It is essential in controversial matters such as this that we are absolutely clear about the science, and particularly the risk assessment. That lies at the heart of our difficulty with some of the work that SEPA has done. At the end of this month, however, officials will meet SEPA and—particularly in the light of evidence to which the right hon. Gentleman alluded that may be forthcoming in the next few days—I hope we will be able to plot a way forward.

[Mr Brown]

Will the Minister publish the advice that was given to the Ministry of Defence before it talked to Her Majesty’s inspectorate of pollution? Will he tell us, as a freedom of information issue—I have asked for this information to be provided—what Ministry of Defence officials said to those people who were in touch with the inspectorate when it prepared the report in 1990? As far as the advice on the risk assessment is concerned, the Ministry of Defence’s objections essentially come down to one major point: it suggests that it does not believe that these sources have been found at the level of radiation required. Yet the people who have actually been doing the excavation are contractors employed by the Ministry of Defence.

[Dr Murrison]

I am pleased that the right hon. Gentleman has submitted a freedom of information request, and of course we will, as far as we can, respond to it. I must say that we have already looked for some of the documents cited by SEPA but cannot find them. Naturally, we will comply with whatever he requests, and if we have the information, will certainly provide it to him.

I believe that considerations of the sort I have outlined in relation to risk and who is responsible for management of the land are germane to this discussion. Indeed, they are key to understanding whether designation is required and how the material has come to be within the foreshore. Ultimately, the presence of radium at Dalgety Bay must be viewed and addressed in the light of the statutory regime for contaminated land, rather than correspondence from the 1990s.

[Dr Murrison]

Well, the aim of the Ministry of Defence is to do the right thing. We are bound by statute, but I hope that it will not come to statute because, as I have explained, our intention is to comply with statutory authorities voluntarily, but we need to explore the methodology that has gone into their assessment and take into account the views of Public Health England, which, despite its name, is of course the adviser to the Scottish Government on radiation matters—[Interruption.] The right hon. Member for Kirkcaldy and Cowdenbeath says from a sedentary position that it has given its view, but I think that he has given a partial account of it. If I can make some progress, perhaps I will be able to give a fuller account of what Public Health England has actually said.

My technical and legal experts have reviewed the two most recent reports by SEPA and identified issues relating to the adequacy and validity of both the risk assessments and the appropriate person report. Those concerns relate to the interpretation and use of fundamental scientific and legal principles. I do not know whether the right hon. Gentleman has had sight of the independent review by the Centre for Radiation, Chemical and Environmental Hazards, formally part of the Health Protection Agency, but I must say that it hardly gives a ringing endorsement of SEPA’s approach and shows that many of our concerns are well founded. Those concerns lie at the heart of what this is all about and what I think he is trying to characterise as our unwillingness to make progress on the matter, which I think is unfair. I hope that he will understand that, when faced with professional opinion—

[Mr Brown]

rose—

[Dr Murrison]

If the right hon. Gentleman will allow me, I will continue, because I think that I have been reasonably generous in giving way. I have four minutes left and it is important to put forward the Government’s side on the matter.

I hope that the right hon. Gentleman will understand that when we are faced with evidence that is not entirely congruous in some important respects, it is essential that we take stock. A robust, evidence-based risk assessment is required that accords with accepted best practice and is scientifically rigorous. Without it, we simply cannot understand the level of risk posed to health and ensure that suitable and sufficient measures are in place to protect the public.

To that end, we have previously emphasised to SEPA the importance of a credible risk assessment and raised serious concerns with it about its approach, concerns that have been reinforced by the findings of the recent review undertaken by the Centre for Radiation, Chemical and Environmental Hazards, which concluded that the likelihood of a member of the public inadvertently ingesting an object contaminated with radium that could cause them significant harm is less than one in 10 million. I remind the right hon. Gentleman that radium is predominantly an alpha emitter, so ingestion is the key route by which harm can occur, notwithstanding the fact that radium and its decay products emit both beta and gamma radiation. SEPA confirmed at the last Dalgety Bay forum in May that the management measures currently in place remain sufficient to manage the risk to the public such that the risk remains very low, and arguably these measures exclude any area at Dalgety Bay from designation.

The right hon. Gentleman will recall that in his first Adjournment debate he openly acknowledged that up until October 2011, when two high-activity items were discovered, there had been no evidence to suggest that there was a potential threat of any significance to public health or, for that matter, the presence of extensive contamination. As early as 1998, the annual risk of contracting a fatal cancer through inadvertent inhalation or ingestion was found to be less than one in 1 million: in his words, a “negligible risk”. He also went on to draw comparison between—

[Mr Brown]

Will the Minister give way?

[Dr Murrison]

No, I will not. I do not have time; I am very sorry.

The right hon. Gentleman also went on to draw comparison between Aberdeen and Dalgety Bay based on a 1995 study that found that the highest ambient external radiation dose rate found at Dalgety Bay was two thirds of that found naturally in the granite in Aberdeen.

The scoping risk assessment undertaken by the Centre for Radiation, Chemical and Environmental Hazards in 2012, which took account of the two high-activity objects found in late 2011 and the subsequent find in April 2012, together with the current management measures, concluded that the risk of attributable cancer was actually less than one in 100 million. In addition, the most recent cancer study published by the Committee on Medical Aspects of Radiation in the Environment in December 2012, to which the right hon. Gentleman referred, found no evidence of the occurrence of cancers in the local population that could be attributed to the presence of radium-226.

[Mr Brown]

rose—

[Dr Murrison]

I have one minute left and I will not give way.

I have to say to the right hon. Gentleman, who was of course in high office for 13 years and did nothing on this subject, that he needs to be very careful indeed about raising fears in his local population. He knows full well that Government will comply with statute but, more than that, will do anything they can voluntarily to protect public health, but it has to be on the grounds of science and a proper risk assessment. To that end, my officials will be meeting SEPA later this month to discuss the methodological problems with the science and come to some sort of way ahead. I personally look forward to visiting Dalgety Bay in the very near future, and I look forward to further discussions with the right hon. Gentleman on this subject.

Question put and agreed to.

Dalgety Bay Radiation

Gordon Brown Excerpts

Wednesday 6th March 2013 Commons Chamber

[Mr Gordon Brown (Kirkcaldy and Cowdenbeath) (Lab)]

I am grateful to you, Mr Speaker, for the opportunity to speak on behalf of the patient but hard-pressed and increasingly angry residents of Dalgety Bay in Fife in my constituency. They are residents who discovered 18 months ago that the houses that were built 50 years ago were built near or above radiation-contaminated particles. They are residents who in the last 18 months have suffered the fencing off of their local beach. At the same time, their amenities have been cut, with some now not able to be used. They are increasingly looking to the Ministry of Defence and the Scottish Environment Protection Agency for answers and, indeed, action. They wish for the radiation-contaminated particles to be removed. They wish for a remedial action plan and clean-up plan to be agreed for the Dalgety Bay beach area, and they wish to be reassured not only about the amenity of their area, their house price values and their ability to use the beach, but about the safety and health of the people in the area.

I have asked for this debate specifically because of the advice given in the last few weeks by the Committee on Medical Aspects of Radiation in the Environment—COMARE—which has published a report on Dalgety Bay. In its view, action to remedy and clean up the Dalgety Bay beach area has to be taken as quickly as possible. Residents in Dalgety Bay are increasingly angry because on other sites, particularly Almondbank in Perth—the Minister will know about this and may be able to comment on it in his response—action has been instructed and taken and is now under way, while we still await any clean-up of Dalgety Bay, any decision on how it will be funded and, indeed, any decision on who is responsible for the clean-up.

[Lindsay Roy (Glenrothes) (Lab)]

I thank my right hon. Friend for giving way. Has he had any indication as to why there has been such a delay in taking up this very important issue on behalf of his constituents?

[Mr Brown]

I will come to that. It is incontestable—indeed, nobody disputes this fact—that about 50 years ago, radiation-contaminated materials were dumped in the Dalgety Bay area. Nobody disputes the fact, either, that in the past few years, 3,400 particles of radiation-contaminated materials have been collected in the Dalgety Bay area by scientists and others, who have seen coastal erosion bring many of these materials to the surface. Nobody disputes the fact that the safety risks associated with some of the finds are at a level that has made radiation experts increasingly worried. Indeed, five finds were above 76 megabecquerels, which, according to all radiation experts, constitutes a hazard that has to be dealt with.

The problem is that, even though we have all these finds and materials, the action that we have expected to be taken on Dalgety Bay is still to happen. Does the Minister agree that we need action and that the Ministry of Defence and the Scottish Environment Protection Agency should now agree that the previously identified programme of work should proceed as quickly as possible? The medical evidence says that action should be taken as quickly as possible, but the process of dealing with this radiation contamination has slowed down to the point where people are increasingly worried about whether the agreed timetables will be upheld.

As I have said, the reason why I have called for this debate is the medical evidence. If the Minister examines the medical evidence that has been provided to him and the residents of Dalgety Bay, he will see that the committee looked carefully at the health risks involved. Fortunately for the people in Dalgety Bay, the committee discovered that, although the radiation material was most likely to cause head or brain cancer, there was no higher incidence of those conditions in Dalgety Bay. It is also fortunate that, although rates of liver cancer are higher in the area, it is not usually identified with these radiated materials.

The committee said that there are three reasons why action should be taken as quickly as possible, however, and recommended the quick implementation of a remediation action plan. One reason was the long life of the discovered materials, which means that they will have a substantial life if nothing is done about them. Secondly, the committee was worried about the dynamic process whereby, as a result of coastal erosion, the materials were coming to the surface in Dalgety Bay and posing a health hazard to the population. The third reason is the size and scale of the materials. Not only have 3,400 materials been discovered and examined, but such materials are coming to the surface at a rate of about 1,000 a year. I suggest to the Minister that he must now take seriously the size, dynamic nature and long life of the materials located in Dalgety Bay.

I think that it was because of those things that the Ministry of Defence agreed in February last year to what was called an investigatory plan. The Defence Infrastructure Organisation agreed a timetable for action to be taken in the Dalgety Bay area. There was to be a review of the historical situation and of coastal processes. Then there was to be an investigatory report on the physical elements that made up the problem in the area. Then there was to be an assessment of that report, after which there was to be a review of the risks entailed. Then there was to be a set of options, which would be laid before us, on what needed to be done to remove the contamination. Then it was foreseen that there would be a plan that would deliver the area from the contamination.

That was set down clearly in a document that the Minister must have before him this evening: the investigation plan of the Defence Infrastructure Organisation. Unfortunately, that plan has not been observed. The coastal processes report, which was promised in October, did not arrive. By the time I called this debate, there was no indication that it would arrive. I understand that it was sent to the Scottish Environment Protection Agency on Sunday of this week, but it was five months late, at a time when we are asking that action be taken immediately because of the health risks in the area.

Work on the investigatory report itself was to have been finished in November; again there is work to be done by the Ministry of Defence, but that report is not yet available, even though it was promised by the end of January. The investigatory assessment has obviously not been done, because the investigatory report has not been completed. Many other promises have been made. We were told that between February and May, we would have the study of the options and the risk assessment work that had been done. We would then have the summary of what needed to be done as a whole, and an agreement on that. That timetable has now been completely disrupted by the failure to produce the initial reports.

I have to say to the Minister that it is the Ministry of Defence that is responsible for these delays. The coastal processes report is a Ministry of Defence report that is going to be put to the Scottish Environment Protection Agency. I see him looking at his civil servants. They will confirm that that is the case. It was agreed that the Ministry of Defence should do the investigatory report, not the Scottish Environment Protection Agency. Again, that has not been produced. It is now long delayed because of the Ministry of Defence’s failure to complete its work. The investigatory assessment was also to have been done by the Ministry of Defence and, as I understand it, that has not been done either. Next Monday, we have a meeting of the review group, the Dalgety Bay Forum, yet none of the reports except the coastal processes report seems to be available at this stage.

[Thomas Docherty (Dunfermline and West Fife) (Lab)]

I congratulate my right hon. Friend not only on securing this debate but on the leadership that he has shown on this issue in his community. He will obviously be aware that Helen Eadie and Fife council are backing his calls for action. Does he think that the Ministry of Defence should listen not only to him, as a Member of Parliament, but to the council and to the local MSP, who are all backing his call?

[Mr Gordon Brown]

My hon. Friend is absolutely right. This is a real problem.

I have a letter from the Minister of State, Ministry of Defence, the right hon. Member for Rayleigh and Wickford (Mr Francois)—not the Minister who is replying to the debate—in response to my raising the question of radiation. In his letter, the Minister says:

“Correspondence should be addressed to SEPA as the Agency, and not MOD”.

The Ministry of Defence has failed to produce the report. It has failed to produce the investigation. It has not yet produced the investigatory assessment. At the same time, many people regard it as the initial polluter. For that Minister to say to a Member of Parliament that correspondence should be addressed to SEPA as the agency and not to the MOD is an abrogation of the Ministry’s responsibility in this matter.

I put it to the Minister that if he was writing to the chairman of his local council or to a constituent who had raised questions about the health of constituents as a result of contamination identified with the Ministry of Defence, and if the Ministry had not produced the necessary reports, he would have to be very careful about telling the chairman of his council or any other representative official that correspondence on such a matter should not be addressed to the Ministry of Defence. I hope that he will apologise for that when he speaks this evening.

The problem is deeper, however, and that is why I have had to come back again to raise the matter in the House. What has been omitted over the last 18 months is this fiction: the Ministry of Defence has refused to accept responsibility for the contamination of the area. The Ministry has persisted in saying that it does not yet accept that it was the original polluter in the area. We have evidence on the website of the Scottish Environment Protection Agency:

“It is thought that the contamination originates from the residue of radium coated instrument panels from military aircraft…The radium used by the MoD was primarily in luminescent paints.”

Then we have the letter sent to me by the Scottish Environment Protection Agency, which states:

“Works to identify other potential polluters at Dalgety Bay is continuing. However, to date, our investigation has not identified any other persons whom may have introduced the radium to the location.”

When this matter kicked off 18 months ago, the Ministry of Defence asked the Scottish Environment Protection Agency for a report and asked who was responsible. The agency was very clear indeed about who was responsible—the Ministry of Defence. The MOD chose not to accept this advice and it has been looking for landowners, developers, builders, residents and other participants in the area who might have been responsible for its pollution, but there is absolutely no doubt about it. It comes back not just to a legal responsibility, as I will show later, but a moral responsibility for the MOD to accept that it dumped the material in the first place, that the material is there because it came from MOD aircraft and that the pollution is the direct effect of having dumped it there. Refusing to accept responsibility is angering people in Dalgety Bay, with good cause.

Let me give a final reason why the Minister should stand before the House now and say that he will work closely with the Scottish Environment Protection Agency to get a remediation action plan under way so that work is completed by the end of the year. It is an irony that just at the time that the Ministry of Defence is refusing to accept responsibility for the contamination that exists in Dalgety Bay, a mile away at Rosyth dockyard, the MOD launched a consultation exercise two years ago and is examining whether the seven decommissioned submarines, four of them Polaris submarines, should be cut up and stored in the Rosyth area for years upon years. How is the MOD going to persuade the residents of Rosyth a mile away from Dalgety Bay that it should be entrusted with the safety and health of the local residents in decommissioning, breaking up and then storing submarines in Rosyth, when it cannot persuade the people of Dalgety Bay that the safety and health needs of the residents there are being taken seriously and it even refuses to admit its responsibility for the contamination while at the same time delaying the necessary remedial work?

I urge the Minister to be very careful in what he says to the House this evening about what the Ministry of Defence is going to do on this matter. He will say that the Ministry has tried its best, spent money on investigations and is monitoring the work. I well know the speech he is going to make, but the fact is that it has not produced the reports in time, not admitted responsibility for the pollution, not agreed the options for cleaning it up and not yet agreed to fund the remedial work.

The people of Fife county, whom I represent, have for years been servants of the Ministry of Defence. Rosyth dockyard and Rosyth naval base were set up 100 years ago, and 15,000 people work there. They refitted the ships and the submarines in war time and in peace time, and they have been loyal in support of the defence needs of this nation. They have done well by the Ministry of Defence; it is time that the Ministry of Defence does well by the people of Fife.

[The Minister for the Armed Forces (Mr Andrew Robathan)]

I congratulate the right hon. Member for Kirkcaldy and Cowdenbeath (Mr Brown) on securing a debate on Dalgety Bay once again. We last discussed the subject in November 2011, and I visited the bay on 31 January last year. I walked on the beach and met local residents in the sailing club and heard about its problems. I also met Professor Curran, the chief executive of the Scottish Environment Protection Agency. I understand furthermore that the right hon. Gentleman had a meeting with the Secretary of State for an hour and more on this particular matter, so I do not think it is fair to say, as he suggests it is, that my Department has ignored the issues at Dalgety Bay, as we have not. Neither, for that matter, have we ignored the concerns of the local community and nor has the Ministry of Defence abdicated its responsibilities or sought to delay a decision on who is the polluter. I welcome the opportunity to explain how the MOD has actively been supporting SEPA over the last year or so.

The Department has actively supported SEPA in fulfilling its statutory duty to inspect the area of concern. I am afraid that this is more than can be said of other parties who have had an interest in either the former Royal Naval Air Station Donibristle or indeed in the foreshore. That includes the developers mentioned by the right hon. Gentleman, who have some responsibilities in this regard. Similarly, we have not acted inconsistently in our approach to sites that we formerly owned across Scotland.

The right hon. Gentleman mentioned Almondbank, which is a going concern. It is still operating, and we have a commercial contract which states that we will hand it over after clearing up contamination. That is rather different from the situation in Dalgety Bay.

[Mr Gordon Brown]

Is the Minister saying that the only reason he is taking no action on Dalgety Bay is that he has no such commercial contract in that instance?

[Mr Robathan]

I will explain why we dispute much of what the right hon. Gentleman has said in a moment, but there is one thing that I particularly dispute. I know that when he was Prime Minister, and indeed when he was Chancellor of the Exchequer, he was very profligate with public money. He was very willing to spend it, and then to leave us in the appalling financial condition in which we now find ourselves. I must tell the right hon. Gentleman that we take a rather more parsimonious and sensible view than I think he did when it comes to the spending of our constituents’ money.

--- Later in debate ---

[Mr Robathan]

I am saying that the risk to health is extremely low. That is not my judgment, because I am not a scientist; it is the judgment of the Health Protection Agency and others.

As part of the monthly monitoring, contractors working for my Department have recovered and removed radioactive items from the foreshore, thereby ensuring that any potential risk is as low as reasonably practicable. We adopted that precautionary approach because it was consistent with the advice given by the Health Protection Agency, and provided a suitable safeguard while SEPA undertook its inspection. However, there appears to be a concerted effort in the media to circumvent SEPA’s statutory inspection by raising anxieties unnecessarily and calling for remediation. The press reporting of the recent investigations of cancers in the area appears to be a particularly egregious example. When I visited the area, the sailing club informed me that it seemed likely that it would have to cancel a regatta owing to heightened concern arising from media reports that did not reflect the low level of risk, and that people were unlikely to visit because they had read those reports.

The proper course of action is to allow SEPA to complete its work and form an opinion on whether any of the land meets the statutory definition of radioactively contaminated land, on what needs to be done, and on who is responsible.

We should bear it in mind that the royal naval air station at Donibristle was closed in 1959, 54 years ago, when the right hon. Gentleman and I were in short trousers and some Members of Parliament had not even been born. The publicly available records show an organised and systematic rundown of the various site activities, with a focus on the salvage and sale of assets. As the right hon. Gentleman will know, the statutory regime requires that, if land is deemed to be radioactively contaminated, it is necessary to consider all the actions of later parties which may have contributed to or caused contamination. The subsequent redevelopment for housing as part of the Dalgety Bay new town, together with the construction of what is now the boat park and sailing club, would have involved significant demolition, site clearance, infilling and land reconfiguration. This is supported by contemporary photographs and plans. Indeed, a refuse tip appears at what is now the headland in the 1964 Ordnance Survey plan, which was approximately five years after the developer took over the land. It is the areas of the headland and boat park where radium has been identified, and that could go some way to explaining either the current or historical occurrence of such material on the beach.

The presence of demolition material, including bricks, roofing material and other debris, is consistent with the demolition and site clearance that preceded the redevelopment of the Donibristle site. There is no documentary evidence that the MOD attempted to clear the land through demolition.

My officials have previously raised concerns as to whether “designation” of the land is appropriate. While I fully recognise that the very mention of radioactivity gives cause for concern among some of the right hon. Gentleman’s constituents, the current view held by the Health Protection Agency remains, as I have already stated on at least two occasions, that the risk is very low.

Nevertheless, given that items, often referred to as “particles”, with a relatively high level of radioactivity were found beneath the beach in October and November 2011, the HPA felt there was a need for a detailed risk assessment. The comprehensive investigation undertaken by my Department, the results of which are to be released very soon, will enable SEPA to undertake a full and conclusive assessment.

[Mr Brown]

Will, therefore, the investigation report, which is the basis on which SEPA will be able to make the decisions, be before the Dalgety Bay Forum when it meets next Monday? Otherwise, we will face considerable delays before this report can be examined. Will the Minister also accept that, despite all the information he is trying to give us, SEPA has already said its investigation has not indicated any other persons who may have introduced radium to the location?

[Mr Robathan]

First, there has indeed been a delay. One of the problems was with accessing some of the land, which delayed things. I understand that SEPA has yet to publish the analytical data, which delayed our factual report, but we are meeting with SEPA on 14 March, which will be next—

Dalgety Bay (Radiation)

Gordon Brown Excerpts

Wednesday 30th November 2011 Commons Chamber

[Mr Gordon Brown (Kirkcaldy and Cowdenbeath) (Lab)]

I have called this debate for one purpose and one purpose only: to persuade the Ministry of Defence of the need for urgent action in an area in my constituency where radioactive materials have been discovered.

The affected land on the shores of the Firth of Forth occupied by and near Dalgety Bay sailing club is a few yards from people’s homes, near where children play, and is an area where many go for walks. But in the past six weeks, materials that were dumped there by the Ministry of Defence in the 1950s—aircraft dials, aircraft paint and other materials—have been discovered, with radioactive levels that are 10 times anything witnessed before. They are an undeniable hazard, they are materials which children should not touch, and they are particles which should be removed quickly and in full.

Urgent action is necessary not just because of risks to safety, but because the Scottish Environment Protection Agency has now stated publicly that unless the Ministry of Defence brings forward a remedial plan for the area, the agency will designate Dalgety Bay a radioactive contaminated piece of land. This will be the first and only land to be designated as radioactive contaminated in the United Kingdom, and the agency says that it will nominate the Ministry of Defence as the culpable party.

[Lindsay Roy (Glenrothes) (Lab)]

Does my right hon. Friend agree that the Ministry of Defence abdicated its responsibility for the contaminated land when it unilaterally informed the local forum that it

“had no plans to continue monitoring and removing contamination from the site”?

Surely such irresponsible inaction deserves the strongest condemnation.

[Mr Brown]

That was in 2010. I shall come to that.

I have had to call this debate because, despite a succession of approaches to the Ministry of Defence—letters, phone calls, a chance conversation with the Secretary of State for Defence, whom I acquainted with the issue—the Ministry of Defence has yet to instruct the necessary actions and agree that a plan for remedial work is prepared, funded and implemented.

Since 1983 I have been the Member of Parliament representing the community of Dalgety Bay. It is near where I grew up and went to school, and near where I live and where my children go to school, so I have been aware for many years of the history of the site and of the past dumping of materials there by the Ministry of Defence. Those came from Donibristle airfield, which was created in 1917, was opened, closed and then opened again, and when reopened became, like the nearby Royal Navy base, vital to the second world war effort. Even as late as 1959, when it was announced that it would be closed down as an aircraft repair yard, it employed 1,400 industrial and non-industrial staff.

In that time, disused aircraft, including aircraft dials, materials used for painting dials and other instruments, were broken up and dumped at Dalgety Bay. On that land houses were built and the sailing club was established. Since 1990 materials with some radioactivity have been detected at Dalgety Bay. In June that year, after environmental monitoring by Babcock, the owners of Rosyth dockyard, elevated radiation levels including the presence of radium 226, were found. At that time particles were removed. As was reported later, they were removed “as far as possible”, but since 1990 and at regular intervals, I and the local community council, headed by Colin McPhail, have pressed for regular monitoring of any potential threat to the safety of local residents and to reassure locals that we have consistently asked for surveys to be done, tests to be carried out and investigations to be made.

Until 17 October this year, no investigation that I have seen has yielded evidence of substantial pollution or danger. In fact, at the request of local people, the National Radiological Protection Board—now the Health Protection Agency—carried out surveys during May and June 1991, as it monitored the beach, and then in 1992, 1993 and 1994. It reported that it found only low-level contaminated material buried below a layer of soil.

That was followed in 1995 by a detailed risk assessment, commissioned from a multidisciplinary research team at the university of Aberdeen. Its purpose was to assess the implications of radiation contamination, to consider the level of risk to the public and to review the options for reducing the contamination, if that were necessary. The study found that the variations in the ambient radiation dose rate values were within normal levels and calculated that the highest ambient dose rate found at Dalgety Bay was only two thirds of that found naturally in the granite in Aberdeen.

When the inquiry team published their survey in 1998, they reported that radium contamination was present not as a layer in the sediment, but randomly distributed as particles. However, they found that the number of radiation particles found in the area surveyed was very small and, thus, the risk of coming into contact with such a particle was “very low”. They found that the risk of inhalation was also low and reported that skin contact with a particle for an extended period could produce a very small burn similar in nature and severity to a fire-ash burn, but concluded that the maximum fatal risk per year from inhaling or swallowing a radioactive particle to any user of the area surveyed was negligible; it was calculated as clearly

“less than one in a million”.

However, we rightly agreed that we would continue monitoring, and in 2006 SEPA compiled a report that concluded that further work needed to be done. It also highlighted the possibility of coastal erosion that might bring particles nearer to the surface, but said:

“The most probable effect of an encounter which lasts for a number of minutes is a skin burn. The chances of ingestion…is highly unlikely, around one in half a million per year”.

The common view locally was that during the break-up of some aircraft some of the redundant luminescent materials had been burnt, and it was likely that the resultant ash and clinker produced from burning were either buried or spread on the ground surface. It was reported:

“It is therefore possible that the action of burning of luminised dials can produce a diverse range of chemical forms”.

Since then, at our request and at the request of others, six monitoring surveys and three intrusive investigations were carried out by Entec over the course of 12 months, and they have found that the radioactive materials probably derived from a bed of ash material. But, as was reported,

“recontamination of the beach continued, indicating that either the ash horizon was not the only potential host material, or that”—

other—

“sources continued to be present…and continued to re-contaminate the beach.”

Of the 128 particles, 48 were recovered from investigations of the ash bed, 28 from clearance surveys of the beach and coastal path, and 51 from regular visits to monitor the area. These surveys made it clear that

“the data do not indicate a reducing rate of hazard recurrence…at the site.”

I should add that, also after our request, work was also commissioned over these years by the health board, whose study of data from 1975 to 2002 did not reveal any correlation between the location of the radioactive materials and the incidence of cancer. So until a few weeks ago none of these surveys revealed any substantial risk or out-of-the-ordinary levels of radiation. Many of them were carried out at the expense of the MOD, because it rightly recognised that this monitoring was its responsibility. But in mid-October, work done by SEPA dramatically revealed particles at a level of radiation 10 times that of any previous discovery and led to the decision by SEPA, after repeated contact with the MOD, that it had to take action in the weekend of 17 to 19 November to remove potentially dangerous items. This was work that, as the correspondence makes clear to me, the MOD was willing to instruct. However, unfortunately, it would not guarantee that it would immediately remove any items discovered or submit them for full investigation.

So on Saturday 19 November, without the help of the MOD, SEPA took action and removed what it reported to be

“a second potentially high activity source”.

It was

“five times greater activity than anything previously recovered”.

SEPA also reported that a

“second source was also recovered”

and that

“a third source was found at the surface”

and that required urgent action.

So the real issue here is that there needs to be agreement on a plan for remedial action, given what we know now about the radioactive materials on the site. In October, SEPA wrote to the defence industrial office asking for assistance in monitoring and for a plan of action to repair the site. On 10 November—I quote from its letter—the MOD said, astonishingly, that

“any suggestions that the Ministry should provide a plan of action is immature at this stage”.

On 24 November, SEPA again wrote to the MOD asking for a commitment to undertake appropriate remediation and

“the delivery of a plan”

with

“sufficient resources and funds to enable work to be undertaken”.

However, at the most recent meeting with the Dalgety Bay officials, the MOD was

“unable to commit to undertaking any remediation following site investigation”.

That has caused SEPA to say that unless there is a plan—not just agreed in principle but produced by the MOD—it will, in March next year, designate the site as contaminated and name the MOD as the responsible party

[Thomas Docherty (Dunfermline and West Fife) (Lab)]

My right hon. Friend is to be congratulated not only on securing this debate but on the dogged way that he has pursued this issue over a number of years. He will know that the beach is incredibly popular with his constituents and with mine. Does he agree that it is absolutely vital that the Ministry of Defence deals with this quickly so that our constituents can continue to enjoy this beauty spot?

[Mr Brown]

Yes.

We now have clear evidence that there is a radioactivity level higher than anything that has been seen before. We have a desire—indeed, a demand—locally for remedial action. The community council chairman, Colin McPhail, has said very eloquently that fears in the area need to be allayed. We have correspondence, which I have seen, between the two Government agencies, but it has failed to resolve the issues despite the urgency of the need for action. It is therefore necessary that I bring this matter to the House so that we can secure agreement on preparing and financing a remediation plan for the site.

Over the years, the MOD has funded work, including the removal of radioactive contamination from homes in the area, but the result of its work on those homes has never been disclosed. It has funded the permanent erection of signs to provide warning information to the public, but those signs now require updating. In 2009, the MOD undertook an investigation of the slipway area which recovered 100 sources of radium. The MOD analysed whether the inter-tidal area was itself the source of the contamination, but found that not to be the case. The MOD has agreed to fund three annual surveys and removal programmes at Dalgety Bay. However, SEPA believes that it has detected caches of contamination that MOD contractors may have missed. Through the re-monitoring that SEPA has done, significantly more sources of radioactivity have been found, and while the MOD contractor removed 33 sources, SEPA has removed 442 separate particles. Together with this large number of sources, the SEPA investigation has recovered four high-activity sources from the inter-tidal area of Dalgety Bay, and those are, at the highest levels, 76 times greater than anything previously reported. In the light of recent findings, SEPA now considers that any survey and removal at Dalgety Bay that was previously agreed is not enough. It believes that joint work is now required with the Health Protection Agency and that an urgent plan is required to repair the site.

The community that lives in Dalgety Bay and in the vicinity of Rosyth dockyard is a loyal and patriotic community whose patience and good will has been sorely tested. At one time, Rosyth dockyard and naval base employed 15,000 people and was the base for thousands of servicemen and women. Churchill rightly described Rosyth as the greatest defended war harbour in the world. Today, it is home to 1,500 workers who are building the new aircraft carriers, but the naval base that has been so important to the local economy has gone. The current proposal for Rosyth is that nuclear decommissioning work be done on nuclear submarines that are currently stored there. Ironically, at the very moment when the MOD is trying to persuade local people that their fears about any radiation from that nuclear source should be non-existent, it seems to be utterly slow to act on the removal of the other source of radioactivity, which is its responsibility. This is no way to treat loyal supporters of our armed forces and people who, having refitted the Polaris submarines at Rosyth, have lived with nuclear dangers for years.

It seems very strange that this country has been home to nuclear-powered and nuclear weapons submarines, nuclear power stations and experimental nuclear work at Dounreay, and yet we face the prospect, because of the inactivity of the MOD, that a small piece of land occupied mainly by a sailing club will carry the title of the only officially registered area of radiation contaminated land in the United Kingdom.

The damage to the area, the loss to the community, the disruption to local people, the reduction in property values, the loss of a public space where children can play and young people can sail are totally avoidable. That can be avoided by decisions of the MOD that should be announced today. I ask in this debate for a recognition of the Ministry’s responsibility to agree to develop and to fund a remedial action plan to clear up the Dalgety Bay site. The community council, among others, is right to demand nothing less, and, on behalf of the community I make their demands directly to the Minister this evening. I expect not only a full and comprehensive response but a decision to be announced this evening that the action that is necessary to draw up a remedial plan to clear the site at Dalgety Bay will be instructed by the Ministry of Defence immediately.

[The Parliamentary Under-Secretary of State for Defence (Mr Andrew Robathan)]

It is a pleasure to see the right hon. Member for Kirkcaldy and Cowdenbeath (Mr Brown) in his place and I congratulate him on securing this important debate. All those involved understand that there is a serious issue at Dalgety Bay. The Ministry of Defence, the Scottish Environment Protection Agency and other stakeholders who comprise the Dalgety Bay Forum all recognise that there is an issue.

I do not entirely recognise the portrayal of the situation given by the right hon. Gentleman. Since the early 1990s, we have been aware that radioactive material was being washed up on the foreshore and found on land, as he said. This material takes the form of fragments from navigational instruments and dials coated with luminescent paint with radium 226. The flakes of such paint are radioactive. We have worked with SEPA and the Dalgety Bay Forum for many years, certainly between 2007 and 2010, to understand the risk and the requirement for remedial measures. Such measures should be proportionate, sustainable and cost-effective.

We also agree that removal of radioactive sources by MOD and SEPA has reduced any hazard posed to the local population. Notwithstanding the fact that the issues have been around for some time, the general consensus has been that risks were low, as the right hon. Gentleman admitted. We took this approach because it was consistent with the advice of the Health Protection Agency, which he mentioned. Until recently, SEPA publicly acknowledged the MOD’s contribution to finding a credible solution. However, following preliminary testing earlier this month, SEPA disclosed that it has discovered higher levels of radiation than in previous tests. Naturally, this has caused a certain amount of concern among his constituents and he is right to raise that.

Given the recent finds, we agreed only last week to work with SEPA over the next four weeks to identify a programme of work that will inform the scope of any long-term credible remediation and management measures. This work will also look at interim management measures and we will continue with our existing monitoring programme. Indeed, the first meeting between the MOD and SEPA to establish a credible investigation plan occurred yesterday, which is further evidence of how seriously we take this issue.

Previously, we have acted voluntarily and discreetly to investigate and remediate radium 226 contamination affecting residential properties that have been built on the site of the former Royal Naval Air Station Donibristle. This measured approach was welcomed by the residents as our action avoided unnecessary blight, anxiety and stress. The MOD also took forward the recommendations of the Committee on Medical Aspects of Radiation in the Environment. We remain concerned that any designation of the area because of the contamination would be not only premature but disproportionate and certainly not in the interests of residents.

I must also make it clear that the location from which the artefacts and radioactive material are currently emanating has yet to be conclusively established. We are concerned that recent attempts to attract national media attention to this issue will have the opposite effect to the one intended on the local community.

To put the situation in context, the beach and the foreshore at Dalgety Bay lie adjacent to the former Royal Naval Air Station Donibristle. Our records show that Donibristle was first used by the Royal Flying Corps in early 1917. The RNAS took over in August that year, and from 1 April 1918, when the RNAS and the RFC were amalgamated, the site came under Royal Air Force control. It was put on a care and maintenance basis in 1921, and the airfield was reopened as an air station in 1925, when it was used as a shore base to disembark carrier aircraft and as a training base. Donibristle was a torpedo training school from 1934.

With the onset of world war two, the grass strip airfield came into royal naval use once more, and RNAS Donibristle was commissioned as HMS Merlin, eventually becoming an aircraft repair yard. By 1941 the yard was processing some 320 aircraft a year. A second runway was completed in early 1944, when the station had the capacity to accommodate 220 aircraft and was, therefore, pretty busy. Some 1,000 military personnel and 2,000 civilians were employed on site, and by the end of the war the total number of aircraft repaired and inspected reached more than 7,000. After the war, the site flew the flag of Flag Officer Carrier Training. In 1953, HMS Merlin was paid off, but repair and reconditioning work continued for the Fleet Air Arm.

The yard and airfield are recorded as having closed in August 1959, but there were royal naval barracks at Donibristle between 1962 and 1963. The land was subsequently sold, and some time later—in other words, well after the MOD had gone—it was developed for housing and industrial use, including the Donibristle industrial park.

We all recognise that “radioactivity” and the fact of contamination will give cause for concern, so it makes sense to ask how serious and real the risks are at Dalgety Bay. I am aware that there has been criticism of the manner in which the risk has been presented in the media. SEPA has recently found higher activity sourced at some depth—about 75cm, or 2 feet for those who deal in old-fashioned measurements—beneath the foreshore. MOD experts advise that that does not necessarily imply a step change in the risk to human health, or the need for additional mitigation measures over and above what SEPA has already put in place.

Indeed, as I have said, the Health Protection Agency has and continues to hold the view, despite the recent finds, that the risk is likely to be low—a view that SEPA has hitherto shared. Nevertheless, given the recent finds of relatively high activity, the HPA quite understandably feels it important that the risk be adequately quantified and understood, taking into account the likelihood of exposure. I therefore welcome, as I hope the House will, SEPA’s establishment of an expert group, which is charged with doing exactly that. My officials are observers to the group and stand ready to assist as required. That leads me to the calls for the MOD to develop a “credible remediation plan”.

We need to understand how the contamination at different locations is being caused. Is it, for instance, from erosion of the former refuse tip within the headland, or is it from other sources? Interestingly, the refuse tip is not documented in the 1959 contract of sale, and it is recorded only subsequently in the 1960s, on maps and so on. It is equally important to understand how radioactive sources found at depth in the foreshore have come to be there, the plausibility of their exposure by a storm event, and the impact on public health if that occurs.

The removal of what is known has ensured public safety in the short term, but an effective solution depends on assessing what might still be present and the risks from it. Moreover, what precisely would comprise an effective solution, given the current uncertainties? The answers to such questions are necessary in order to inform appropriate remediation measures. For those reasons, the MOD has offered to assist SEPA further. We are engaged with SEPA, working in consultation with it to develop and deliver the investigation necessary to help answer those important and relevant questions.

Of course, responsibility for such investigation would normally fall within SEPA’s statutory mandate for which it is funded, but I recognise that any delay would not be in the interests of residents. Moreover, my Department has disposed of material for them, so we are continuing with our voluntary assistance, which includes arranging for the disposal of material found by SEPA.

[Mr Gordon Brown]

The issue comes down to this: even after the letters from the Ministry of Defence and the meeting yesterday, the Scottish Environment Protection Agency still says that, unless the Ministry of Defence can give assurances, it will designate the land as radioactive and contaminated, which is not something people want. It seems strange that the Ministry of Defence was prepared to accept responsibility for monitoring when there was no problem, but now is not prepared to accept full responsibility for remedial action. I simply ask the Minister to give a straightforward assurance that the necessary remedial action will be taken and funded by the Ministry of Defence. I think we should ask for nothing less and that he is in a position to give that assurance.

[Mr Robathan]

I think that the right hon. Gentleman would agree that the important thing is to know what the dangers are before getting into a great state about it, because I am afraid that there is some conflict and disagreement on this. We are engaged with SEPA on the matter, and I think that it is important that we remain engaged.

[Mr Brown]

The Ministry of Defence has been told by the Scottish Environment Protection Agency that a remedial action plan is needed. It has the power to designate the land and require the Ministry of Defence to do this. It will not change its mind about whether a remedial action plan is needed, and nor should it because of what we have found in the past few weeks. All we need is an assurance from the Ministry of Defence that it will not only produce the remedial action plan with the Scottish Environment Protection Agency, but properly fund it. The Minister is in a position to give that assurance, based on everything else the Ministry of Defence has said and done in the past, and should do so now to allay the fears of local residents.

[Mr Robathan]

The right hon. Gentleman tells me that I am in a position to do this, but for a long time he was in a position to take further action should he have so wished. I am afraid that that is the case. Contrary to some media reports, I do not believe that it can reasonably be said that the MOD is being complacent or unhelpful. On the contrary, we have assisted and will continue to assist SEPA by undertaking surveys and disposing of recovered sources. We have remedied land-based contamination in residential areas within the former RNAS Donibristle site. We have also funded the warning signs and play an active part with the Dalgety Bay Forum. All in all, we have already spent £750,000 on land remediation signage and surveys and on assisting SEPA in other ways. Without further investigation, it is difficult to justify using taxpayers’ money to remediate while the current source, level of risk and remediation necessary remain unclear. That is why, in addition to the three-year monitoring and collection work we are already doing in conjunction with SEPA, we have agreed to undertake further investigative work. As I said earlier, we understand that the work we have done was seen, until recently, as entirely satisfactory by SEPA.

[Mr Brown]

The work is not seen as satisfactory by the Scottish Environment Protection Agency. I talked with head of the agency this afternoon, who assured me that he has had no assurances from the Ministry of Defence that it will do what the Scottish Environment Protection Agency needs. To return to the central point, the Ministry of Defence was prepared to accept responsibility for the site when there was no real problem, but now that we have a problem it should, in order to allay local people’s fears, say that it will fund the necessary remedial action plan. It is not in a position to say whether that action is needed. In law, that is a matter for SEPA, which the Minister seems to misunderstand. The question is will the MOD, having designated the site as an area of difficulty, honour the responsibility to fund the remedial action plan? It is a simple question and we need a simple answer.

[Mr Robathan]

I can see the characteristic passion and vigour with which the right hon. Gentleman has put his case. There is more to this than media reports in Kirkcaldy, or wherever it may be, suggest. The Health Protection Agency has a role to play. He shakes his head, but the Health Protection Agency has a role to play in this. He is of course right and entitled to represent the concerns of residents, but I do not think that we should get this out of proportion. We continue to believe that the risk to health remains low and that precipitate action is in no one’s interest. I can assure him and his constituents that the MOD will continue to work in a credible and responsible way with all concerned at Dalgety Bay.

Finally, may I say what a pleasure it has been to discover how many Members of the House are as interested as I am in the concerns of the people of Dalgety Bay?

Question put and agreed to.

Aircraft Carriers

Gordon Brown Excerpts

Monday 1st November 2010 Commons Chamber

[Mr Gordon Brown (Kirkcaldy and Cowdenbeath) (Lab)]

rose—

[Hon. Members]

Hear, hear.

[Mr Brown]

At the start of any defence debate, even one on the Adjournment, it is important to recognise the quality and commitment of our armed forces: our Army, our Navy, our Air Force, and the civilian defence staff who work for the security, strength and safety of our country. Speaking as someone who has visited Iraq and Afghanistan on many occasions, I think it is important to pay tribute to all those serving in Afghanistan at the moment and to their contribution to the security of this country.

In the week that precedes Armistice day, I also think it important to recognise those who gave their lives in the service of this country. On this day and in this month, it is important to say that those who lost their lives in Afghanistan will never be forgotten and that their influence lives on in the lives of the people they leave behind.

I have been Member of Parliament for one of the Fife constituencies for 27 years. I am pleased that the other MPs for Fife are with us this evening, and I applaud my hon. Friend the Member for Dunfermline and West Fife (Thomas Docherty) for securing this debate and for securing this above-average attendance for an Adjournment debate. In the course of those 27 years, the whole history of Fife has revolved around the future and the fate of Rosyth dockyard.

Winston Churchill said that Rosyth was the best defended war harbour in the world, in recognition of Rosyth’s work during the second world war, when it refitted as an emergency all the vessels sent to sea from that area of Scotland. Over the past 30 years, the naval base has closed; the Rosyth dockyard and naval base, which once employed 15,000 people, now employs 1,500 people. Rosyth is the only base that can assemble the aircraft carriers that this country has commissioned. It is also the only base that can serve us by refitting the carriers in the future. When announcements are to be made by the Ministry of Defence, it is important to recognise that Rosyth is the base best able to refit the carriers in the years to come.

I want to be clear about why the aircraft carriers are important to this country. I believe that the debate has been clouded by many things that have been said over the last few weeks. These are military decisions, made on military advice for military reasons. The reason the decisions have been made is that if we are to retain a global presence as a Navy, as armed forces and as a country, we will need these aircraft carriers in the years to come. We will need them not only because they are important to the defence of the Falklands, but because they are important for maintaining the 500-year role of the Royal Navy in being available to assist in any part of the world.

My hon. Friend the Member for Dunfermline and West Fife has put the case for the refitting work to come to Rosyth. He has said that it is better to refit there than to refit in France. He has also said that the work force of Rosyth are skilled, educated and trained people who have devoted their lives to the service of this country. I think it important to recognise that we are talking about the future of people’s lives—those of the people who are prepared to give their lives for the security and service of this country.

Thank you, Mr Speaker, for allowing this Adjournment debate this evening. The words of my hon. Friend the Member for Dunfermline and West Fife in speaking up not just for the Royal Navy, but for the civilian defence workers, will be well heard in Plymouth and in Portsmouth as well as in Rosyth. We owe a duty to the workers in all this country’s dockyard areas.

--- Later in debate ---

[Peter Luff]

I did take a self-denying vow at the beginning of these remarks not to say some of the things on my mind. All I would say to the hon. Gentleman is that I will do my best to comply with his reasonable request, although it was not one that the previous Government respected that often. [Interruption.] I just like to get these things on the record from time to time.

In terms of wider surface ship maintenance work, we continue to work with Babcock Marine and BAE Systems Surface Ships to develop the surface ship support alliance. Babcock Marine is in the final stages of a substantial six-month maintenance and upgrade period for HMS Blyth, a minesweeper. I am pleased to confirm that this work is on track to complete on time and to budget, and I wish to thank all who have contributed to the success of this project—this is a tribute to the hon. Gentleman’s constituents. Additionally, Babcock Marine is undertaking a docking period for HMS Illustrious and I am also pleased to be able to confirm that HMS Kent, a Type 23 frigate, is expected to arrive at Rosyth later this week in preparation for her refit period, which is planned to last until next autumn.

Recently, the hon. Gentlemen wrote to me seeking assurances about the future upkeep programme at Rosyth—he sought that assurance again tonight—and I would like to take this opportunity to explain again the Department’s current position. As has been the practice since the start of the alliance programme, discussions have been continuous between members of the alliance about the best allocation of the forward programme of upkeep periods. It is, however, too early to say what changes might be required of the programme at Rosyth and elsewhere in the alliance following the hard decisions made to reduce the size of the Royal Navy as part of the SDSR. I can, however, confirm that decisions will continue to be made on what we describe as a “best for enterprise” basis, and I will be delighted to meet him and his constituents to discuss these issues further. I look forward to making the arrangements for that meeting at the earliest possible date.

Turning to future shipbuild work, we now expect up to three years of additional design and modification work on the Queen Elizabeth class carriers to address the changes needed to install catapults and arrester gear. That may, in part, at least answer the question put by the right hon. Member for Kirkcaldy and Cowdenbeath. In addition, design work is already under way on the Type 26 global combat ship, which is expected to enter service early in the next decade; this is the next generation of frigate.

As the House is aware, the SDSR announced the Government’s intentions for the current and future equipment and capabilities we need to defend this country. It made some tough but necessary choices, removing some projects while keeping others. We are now working hard to provide the level of detail needed to decide exactly how these intentions are turned into reality. With the decision to decommission some of the Royal Navy’s ships—these are decisions that I personally regret, but they were inevitable—we need to continue working with industry to decide how best to support the Royal Navy surface fleet to ensure that we achieve the best value for money. We also know that maintenance work on the Queen Elizabeth class is still some way—some years—from being decided. A key factor in that decision will be achieving a more detailed understanding of what changing the aircraft launch system means for not only the build programme, but through-life support. I said at the start of my speech that I would not be able to provide the House with all the answers today that I know it would like, but we do know that two extremely capable Queen Elizabeth class carriers will be built.

[Mr Gordon Brown]

Why can the Minister not assure us that the aircraft carriers will be refitted within the United Kingdom?

[Peter Luff]

I think that it is extremely likely that they will be, but I cannot rule out the possibility that they will not; the assumption is that they will be refitted in the UK, as the right hon. Gentleman suggests, but I am not going to give him that categorical assurance at this stage, for reasons that I am sure he, as a former Chancellor of the Exchequer and Prime Minister, will understand.

--- Later in debate ---

[Mr Brown]

indicated dissent.

[Peter Luff]

Well, the right hon. Gentleman shakes his head and I am surprised at that. As a constituency MP I am sure he would not understand, but as a former Chancellor and Prime Minister I suspect that he probably does.

With one carrier to be operated, there will be long-term requirements for maintenance, potentially for up to 50 years. In times of austerity across the country, the UK shipbuilding industry and ship repair industry should take great comfort from that, as well as the other naval activity, both surface and submarine, that the SDSR confirmed. Once again, I congratulate the hon. Member for Dunfermline and West Fife on securing this debate and look forward to seeing him at my office at an early date

Question put and agreed to.