Infrastructure Bill [Lords]

Debate between Helen Jones and Amber Rudd

Monday 26th January 2015 Commons Chamber

[Amber Rudd]

Thank you very much, Mr Speaker.

I will address new clause 7 on environmental impact assessments—EIAs—and new clause 19 and its various themes in turn. The Government share the desire expressed in new clause 7 and new clause 19(a) to ensure that the public are made fully aware of issues raised in EIAs before a planning application is submitted, and I can assure Members that this is the case. The comprehensive requirements for planning applications for which there is an environmental statement are already set out in article 13 of the Town and Country Planning (Development Management Procedure) (England) Order 2010, which requires that the environmental statement be publicised before a local planning authority can determine an application. Planning authorities are already required to ensure that mineral developments will not have unacceptable adverse impacts on the environment. Where a development is likely to have a significant effect, an EIA is required. If any significant environmental effects are identified that cannot be mitigated, planning permission can be refused.

This approach works well in practice and is consistent with our European obligations. It ensures that an EIA, which involves substantial work often taking up to a year to develop, is undertaken only where it adds value. However, the Government understand the need to build public confidence in the shale sector. We therefore welcome the reassurance provided by the industry’s public commitment to carry out EIAs for all exploration wells that involve hydraulic fracturing. The industry has made a further commitment to produce an annual report listing the shale sites that have produced an EIA.

[Helen Jones (Warrington North) (Lab)]

Will the Minister give way?

[Amber Rudd]

I am going to make some progress. I will give way again before the end of my comments, but I am conscious that the hon. Member for Rutherglen and Hamilton West (Tom Greatrex) might want to address some of the points that I have raised.

New clause 19(b) and amendment 1 are concerned with the inspection of wells. The Health and Safety Executive is the independent regulator. Its specialist inspectors assess operators’ well notifications and weekly operations reports throughout well construction. Final consent for drilling operations rests with the Department of Energy and Climate Change, which will check that the relevant environmental agencies and the HSE have no objections before giving consent.

Health and safety legislation in the UK requires all well activities to be reviewed by an independent well examiner. There is an important principle that it is the well operator who retains responsibility for preventing any unplanned release of fluids. It is right that that fundamental duty rests with those who create the risk. The proposal that the HSE should approve each well could remove that responsibility. Rather than give a one-off approval, as is suggested in amendment 1, the HSE currently takes a lifecycle approach and can intervene at any time.

[Helen Jones]

Earlier, the Minister seemed to ask the House to rely on an order and on a commitment by the industry, rather than on putting the matter into primary legislation. If she agrees with what is in new clause 6, what is her objection to having it in the Bill?

[Amber Rudd]

The hon. Lady raises an interesting point. There is a lot that can be considered in primary legislation, but there is also a place for secondary legislation. We have decided that what is in primary legislation is sufficient.

I reassure Members that each shale site will still be inspected by the Health and Safety Executive during the exploration phase. I have agreed with the HSE that it will publish information for each visit to a shale site in its assessments.