Draft Onshore Hydraulic Fracturing (Protected Areas) Regulations 2015

Debate between Lord Benyon and Alan Whitehead

Tuesday 27th October 2015 General Committees

[Dr Whitehead]

As I was saying, there is no clarity in the SI, as I have emphasised, concerning what any reasonable person would regard as the rest of the fracking process: that is, the establishment of the fracking pad, the vehicle movements, the drilling itself and the treatment of waste water on the site.

[Richard Benyon (Newbury) (Con)]

I have come along to try to get to the bottom of this, so I am listening closely to the debate. The hon. Gentleman seems to suppose that every fracking operation happens vertically. Surely the lateral drilling that he mentioned earlier must be the reason for the fact that activity might take place on the surface outside a protected area, but reach deep underground inside a protected area. I hope that he will clarify that point.

[Dr Whitehead]

The hon. Gentleman may consider that the reason for the 1,200 metre protection; like me, he does not know. It may be that one could consider a process—the Minister may enlighten us in the fullness of time about how that process might work, when she comes up with a list of protected areas, as she has said she might—in which a drilling rig could be set up on the boundary of a national park, then drill diagonally for a number of miles and then go further around to reach whatever it is thought might be reached at 1,200 metres below the national park. I would consider that fairly unlikely, particularly in large protected areas, because the drilling process would have to be extensive even to get there. However, like the hon. Gentleman, I am in the dark about whether that is the reason, because it is not stated in the SI, and indeed was not stated in the main legislation.