Nuclear Safeguards Bill

Lord Harrington of Watford Excerpts

Ping Pong: House of Commons
Tuesday 8th May 2018 Commons Chamber

[The Parliamentary Under-Secretary of State for Business, Energy and Industrial Strategy (Richard Harrington)]

I beg to move, That this House disagrees with Lords amendment 3.

[Madam Deputy Speaker (Dame Rosie Winterton)]

With this it will be convenient to take the following:

Government amendment (a) in lieu of Lords amendment 3.

Lords amendments 1, 2 and 4 to 7.

[Richard Harrington]

Before I say a few words about the amendments, I want to reflect on the passage of the Bill. It has passed through this House in an orderly manner, with a great many thoughtful points made by Members on both sides of the House who are here today and by many who are not. I particularly pay tribute to the Opposition Front-Bench team, led by the hon. Member for Southampton, Test (Dr Whitehead)—I will never forget his constituency after this Bill. Although we have had our moments of disagreement, I have been encouraged by the strong consensus and have done my best to listen carefully to his amendments. I hope he would accept that I have given a lot of thought to them and that I have tried to accept those that I can. Lord Henley and I have made considerable efforts to listen to concerns in the other place as well, as has been seen in the amendments we have made to the Bill.

Outside the legislation, my right hon. Friend the Secretary of State committed to making regular progress updates to Parliament. The first report was published on 27 March and the next will follow next month. We also provided draft regulations to support the House’s deliberations on the Bill, and I confirm today that I am placing in the Library the Department’s analysis on the application of Standing Order No. 83O, in respect of any motion relating to a Lords amendment, for Commons consideration of Lords amendments stage.

The Government opposed amendment 3 on Report in the House of Lords. I have listened carefully to the views of Members, including the Opposition spokesman, the hon. Member for Southampton, Test. The amendment would require that in a situation where particular agreements relating to nuclear safeguards are not in place, the Government would have to request that the UK’s withdrawal from Euratom be suspended until they are.

[John Howell (Henley) (Con)]

The Minister may be aware that in the last few hours, I have had a conversation with the head of Culham Centre for Fusion Energy, who says that the Government are moving in the right direction on this, and have already agreed to pay for an association and are moving in the right direction on that. If the Minister is going to oppose the amendment, he has my full support and that of the head of Culham.

[Richard Harrington]

I thank my hon. Friend for that comment, which I believe reflects the progress that we have made. He works very hard for Culham; it is an extremely impressive place and I am sure that everyone on both sides of the House supports what they do.

[Sir Robert Syms (Poole) (Con)]

May I be the first to congratulate the Minister on the co-operation agreement that we have signed with the United States of America? This is a very good sign. There was some concern in Committee about the progress that we had made, and I believe that the Minister is doing his utmost to make sure that we have a fit-for-purpose regime in future.

[Richard Harrington]

I thank my hon. Friend. I would like to say that it was because of the personal influence that I have with President Trump, but no one in this House, and particularly you, Madam Deputy Speaker, would hear that. However, it shows that we have made a lot of progress and things are going according to plan. I am grateful to the United States for that assistance it has given us, as well as that of the other countries we are dealing with and the International Atomic Energy Agency, whose initials some of us repeatedly had difficulty pronouncing—I will come to the IAEA in a moment.

As currently formulated, amendment 3 will not work. Subsection (3)(c) currently contains a broad reference to international agreements made by Euratom to which the UK is a party. First, the UK is not a party to Euratom’s nuclear co-operation agreements; Euratom concludes them on behalf of member states, and Euratom, rather than the member states, is a party to those agreements. Secondly, subsection 3(c) covers a number of international agreements that are not in fact required to ensure the continuity of nuclear trade after withdrawal from Euratom. For these reasons, the other agreements that are covered by Lords amendment 3 should be restricted to the priority nuclear co-operation agreements with Australia, Canada, Japan and the US. Although I cannot agree to Lords amendment 3 in its present form, I am tabling an amendment in lieu, which I believe will address parliamentarians’ concerns. I particularly hope that it will address the issues raised by the shadow Front-Bench team and Members on both sides of the House.

[John Woodcock (Barrow and Furness) (Ind)]

With respect, the Minister is doing what every single Minister will always do when faced with Opposition amendments—that is, nit-pick over the precise wording. If he is going to table his own amendment, will it clearly state that the UK will not withdraw from Euratom until the required agreements are in place so that we have a similar, commensurate level of security?

[Richard Harrington]

I have always listened carefully to what the hon. Gentleman says. He knows a lot about nuclear and deserves attention particularly on this Bill and every other nuclear subject that comes up. He accuses me of nit-picking—politely, as always—and then nit-picks about the language in my amendment, which I do hope he has read and which I will explain more about now. We do nit-pick in Parliament, though, because everyone is trying their best to get it right, and I accept that language can mean everything. I am sure that “nit-picking” is a parliamentary word, Madam Deputy Speaker. If it is not, I still fully accept it from him.

--- Later in debate ---

[Alex Sobel (Leeds North West) (Lab/Co-op)]

The Minister has talked about the implementation period and our ongoing relations with Euratom. What discussions has he had with the European Commission to determine whether our membership of Euratom will continue during the transition period?

[Richard Harrington]

My officials have had a lot of discussions with the EU on Euratom, as the hon. Gentleman might imagine, and I am very satisfied with the stage we have reached. If he will excuse me, I will try to cover that in the rest of my contribution.

[Stephen Kerr (Stirling) (Con)]

During the Select Committee hearings on this matter, David Wagstaff, the head of the Euratom exit negotiations at the Department for Business, Energy and Industrial Strategy, indicated that progress in establishing new nuclear co-operation agreements with the USA, Canada, Japan and Australia was well advanced and that these would be completed in time for our departure. Did he mean next March or the end of the implementation period?

[Richard Harrington]

I can assure my hon. Friend that he meant March 2019. In answer also to the hon. Member for Leeds North West (Alex Sobel), I would like to assure the House that the UK and the EU have reached agreement on the terms of an implementation period that will run from 30 March 2019 until the end of 2020. The existing Euratom treaty arrangements will continue during this period and businesses will be able to continue to trade on the same terms as now. As part of this, the UK and the EU agreed that for the duration of the implementation period the EU’s international agreements will continue to apply to the UK. This will include Euratom’s existing nuclear co-operation agreements with the USA, Canada, Australia and Japan.

[Sir Robert Syms]

I presume that the objective is to sign agreements with all the countries mentioned before March 2019, but there is also a process of ratification. Is it the Government’s objective to get those ratified before the leaving date, or will some of them be ratified during the transition period?

[Richard Harrington]

The best example I can give is the ratification of the agreement with the US—and this will also explain the difference between signing and ratification. Now that it has been signed, it needs to be approved in accordance with the relevant constitutional requirements of the UK and the US, just as will be the case with the other bilateral agreements, but we have built into our timetable sufficient time to allow for the necessary processes in both the UK Parliament—it will come before Parliament this year—and the US Congress, which has a slightly different arrangement involving several days of congressional business. I am very confident, however, that the process will be completed. In both cases, it is unprecedented for this to be anything other than a formality. Both countries will then exchange notes to bring the agreement into force when required, which we fully expect to be at the end of the implementation period, but we have built plenty of time into the process.

[John Redwood (Wokingham) (Con)]

This all sounds like very good progress. Is it true that the other four agreements the Minister says are necessary will be similarly available and ready by March 2019?

[Richard Harrington]

I have every confidence that those agreements will be ready, signed and ratified. I have no reason to believe anything other than that.

If the relevant agreements or arrangements are not in place 28 days before exit day, the amendment in lieu would impose a requirement on the Secretary of State to make a request to the European Council to continue to be covered by the corresponding Euratom agreements—the trilateral agreements between the IAEA, Euratom and the UK and the bilateral agreements between the countries I have mentioned. That request would cover only those areas for which the UK had not signed a relevant agreement or made arrangements for the corresponding Euratom agreement to continue to apply to the UK after exit. I think that answers the questions about process.

I have not mentioned the IAEA itself. We have made very good progress in negotiating with the IAEA, having held several productive rounds of discussions, and it has shared with us the draft voluntary offer agreement and additional protocol. Negotiations on these documents have made good progress, and we expect to conclude a final draft in time for them to be put to the June meeting of the board of governors. The UK has a very strong relationship with the IAEA and continues to support it across a range of nuclear non-proliferation issues—something I was able to reinforce in my meeting last week with the director general, Mr Amano.

Lords amendments 1, 2 and 7 were Government amendments placing the definition of “civil activities” in the Bill. The Delegated Powers and Regulatory Reform Committee recommended that a definition of “civil activities” be placed in the Bill, so far as is possible, supplemented by a power to develop, where necessary, its meaning in regulations. The definition we inserted takes into account the continuing work on the draft regulations that will underpin the Bill, on which we are intending to consult in July. Although the Committee accepted that it might still be necessary to supplement this definition with a power to embellish its meaning in regulations, I have not found that to be necessary, so the amendments remove the existing power to specify in regulations activities that are or are not to be treated as “civil activities” and replace it with a definition in the Bill without creating another power. They therefore reduce the number of powers created by the Bill.

The sunset clause discussed by the Opposition Front-Bench team places a time limit—colloquially known as a “sunset”—on the use of the power in clause 2. Hon. Members may recall that clause 2 contains the power to amend three pieces of legislation in consequence of a relevant safeguards agreement—an agreement relating to nuclear safeguards to which the UK and the agency are parties. That legislation makes detailed references to specific provisions of international safeguards agreements. Those references, including references to specific articles, are likely to change as a result of any amendment of, or change in, the agreements. We therefore believe that the power in the Bill is necessary to make the changes in the relevant legislation to update the references when the new agreements are in place. The Delegated Powers and Regulatory Reform Committee recommended preventing the use of the power after a period of two years had expired. The amendment addresses the principle of the Committee’s recommendation, but provides for a “sunset” period of five years to ensure that the provision can function effectively in all scenarios, including that of an implementation period with the EU.

Lords amendments 5 and 6 deal with statutory reporting. As I have said, I took very seriously the cross-party requests from parliamentarians for regular detailed updates about nuclear safeguards arrangements in this country. The amendments, as amended by the Opposition, would place a statutory duty on the Secretary of State to provide quarterly reports on nuclear safeguards, covering both domestic and international matters, for the first year after the Bill receives Royal Assent.

[Jamie Stone (Caithness, Sutherland and Easter Ross) (LD)]

This is a general point, but I should like the Minister to be mindful of it. I do not pretend to understand the morass of amendments and timings, but the nuclear site at Dounreay, in my constituency, is being decommissioned, and, thanks to the involvement of Euratom and other agencies in the past, we have achieved a standard of excellence that is second to none in the world. I am anxious to ensure that the skills that we have there are developed and exported to other countries, and to ensure that, whatever Her Majesty’s Government puts in place of Euratom—whatever systems are introduced, and whatever clauses are included in the various bits of legislation—the importance of that is remembered and the quality is retained where it should be for the future, because otherwise we will lose an opportunity.

[Richard Harrington]

I entirely agree with the hon. Gentleman: Dounreay has one of the finest reputations. I have not yet had the pleasure and honour of visiting it—although if I were able to visit it, I should be pleased to do so—but I have visited Sellafield, and have discussed matters extensively with all the nuclear decommissioning authorities there. Dounreay is thought of very highly, and I assure the hon. Gentleman that nothing will be done to denude it of its reputation or lower the current non-proliferation standard. I was delighted to hear that the skills to which he has referred are being exported all over the world. The last thing that this or, I hope, any Government would want to do is bring about a reduction from the gold standard that is led by his constituency. [Interruption.] I am sorry if I am nit-picking again. The hon. Member for Barrow and Furness is very alert to nit-picking, and I shall try not to do so.

I hope Members will agree that the Government have proceeded with the Bill on a consensual basis. As I have said, we have made several important concessions in both Houses. Although we have not been able to agree to Lords amendment 3, I have listened to the arguments advanced today, and I believe that the compromise amendment goes a long way to achieving what the Opposition want. It preserves the key features of their amendment by requiring the Government to write to the EU seeking support if certain agreements or alternative arrangements are not in place. I therefore hope that Members will join me in agreeing to amendments that provide important reassurance for Members of both Houses.

[Dr Alan Whitehead (Southampton, Test) (Lab)]

This is, I trust, the last occasion on which we will deal with the Bill in the House of Commons. I thank the Minister for the careful, courteous and inclusive way in which he has handled it, which I have found very helpful. We all want the Bill to be enacted, and I think that our discussions about how it should proceed have benefited from the way in which he has conducted himself and presented his side of the argument.