Nuclear Safeguards Bill

Lord Walney Excerpts

3rd reading: House of Commons & Report stage: House of Commons
Tuesday 23rd January 2018 Commons Chamber

[John Woodcock (Barrow and Furness) (Lab/Co-op)]

It is a pleasure to rise to speak in favour of new clause 1. As far as I could follow the argument of the hon. Member for North East Hampshire (Mr Jayawardena) at the end there, he was saying that it would create instability to have an increased transition period for a treaty that has served the UK well for 40 years and that we want to replicate in as much detail as possible in the future arrangements. That is Alice in Wonderland logic and not the kind of rigour we ought to bring to this incredibly serious debate.

This fellow Andrew Duff, a former Liberal Democrat MEP, has been mentioned several times in the Chamber. It is, to my mind, the first time a former Liberal Democrat MEP has been taken as a great authority on any matter by Conservative Members, and possibly by his own party as well. I want to briefly and gently warn Conservative Members on the wisdom of taking former leaders’ pronouncements as general facts. For obvious reasons, I do not seek to dwell on my own party’s predicament on the matter, or that of the Liberal Democrats, given the recent well-publicised difficulties of their former leader in matters of faith. Are we to agree, however, with every pronouncement from Lord Hague, a former leader of the Conservative party, on issues on which he remains an expert? Are we to agree without question that Brexit will undoubtedly diminish Britain’s influence on the world stage, as he has made clear? No, of course we are not, so can we please put that argument to one side and move on to the substance of the debate.

[Mr Jayawardena]

Hooray.

[John Woodcock]

The hon. Gentleman bored the Chamber senseless for three times as long—by my count—as was necessary.

[Mr Jayawardena]

rose—

[John Woodcock]

Of course I will give way, as long as the hon. Gentleman does not go on for quite as long as he did last time.

[Mr Jayawardena]

I am sorry if I bored the hon. Gentleman, but he might not have been listening fully.

[John Woodcock]

I did try.

I would never accuse the Minister of complacency—he is not a complacent man—and I know that as Energy Minister he is giving much time to this matter, but although I do not think there is complacency from Ministers themselves, I am profoundly worried about the capacity in the system to deliver the new arrangements by the time set out. I agree with my neighbour, the hon. Member for Copeland (Trudy Harrison), on so much and we have worked together, but the idea that it is okay to be there or thereabouts in March 2019, at the time of transfer, is, I am afraid, bunkum. A level of certainty has to be written into our nuclear safeguarding regulatory arrangements.

Many Labour Members want our membership of Euratom to continue, howsoever it might be delivered in the future. The alternative at the moment is to rely on a Department for Business, Energy and Industrial Strategy that is bursting at the seams with all the things it has to deliver on Britain’s exit from the EU. I had a conversation a few months ago with someone whom I knew from my time as an adviser and who remains in the system. What he had to say about the number of staff looking at the Euratom issue in particular was frightening. There is not remotely the level of assurance that the House ought to expect if it is to give its blessing to the Government and not seek to write into the Bill a commitment to a transition period, which is eminently sensible while we try to work out whether we can stay for good.

Some Members have said that there is no certainty because a negotiation is in progress, but the new clause gives a degree of strength to Ministers, enabling them to say, “Parliament has willed that there needs to be a transition arrangement. Our Act—which is, of course, a contingency Act—makes clear that there must be contingency arrangements, and that is what we require from these negotiations.”

[Rebecca Pow]

Might I suggest that the new clause actually seeks to confuse? It appears to specify what should happen during the transition period, but it is unclear whether it is specifying what the United Kingdom should seek to be negotiating, or whether it is attempting to mandate the terms. It seems to be the opposite of what the Prime Minister set out in her excellent Florence speech. All the Opposition are doing is confusing the issue, which is leading to a lack of clarification for the nuclear industry which wants, needs and deserves it.

[John Woodcock]

The hon. Lady may be confused, but we are not, and the industry is not. The industry is strongly urging the Government—as they will know, if they are listening—and all Members to get behind a transition period while we examine the position, to decide whether we can reverse the wrongheaded decision to leave Euratom that was made—in all probability, unnecessarily—when article 50 was served. The alternative is to face a dire cliff edge that could do deep damage to civil nuclear production throughout the United Kingdom. I understand that the Minister is due to visit Sellafield for the first time later this week—

[Richard Harrington]

indicated dissent.

[John Woodcock]

The Minister looks surprised by that.

[Richard Harrington]

It is imminent.

[John Woodcock]

Well, I hope that when the Minister does come up to Sellafield, he will put his voice and the full voice of his Department behind the campaign that the hon. Member for Copeland (Trudy Harrison) and I are shaping to improve our transport infrastructure. It will take him an absolute age to get there, but I hope that when he is there, he will listen closely to what people say. I hope that he will listen to those in my constituency and that of the hon. Lady who will be relying on the new civil nuclear jobs that will come through the NuGen project in Moorside and think again about how our Parliament can strengthen his hand in creating a seamless transition from the existing arrangements to something which we strongly believe needs to look identical. New clause 1 would do that and, even at this late stage, Members in all parts of the House ought to support it.

--- Later in debate ---

[Richard Harrington]

I am afraid I cannot give the hon. Gentleman that information, not because I do not want to give it to him, but because I do not want inadvertently to mislead him. If I may, I will drop him a line over the next couple of days with the exact information, as I have just done on the number of people recruited to date, as mentioned in the first group of amendments—I think the figure was 11. I do not want to give a rough estimate on such an important question.

The recruitment campaign has been launched and will continue throughout this year.

I will briefly address the issue of timing, not of this speech, but of the assessment of readiness to implement a domestic safeguards regime on withdrawal, because it has been raised by several hon. Members. I have made it clear on several occasions that the Government are committed to establishing a robust domestic nuclear safeguards regime of a standard broadly equivalent to Euratom standards in order to retain public and trading partner confidence in the nuclear industry, about which we are very proud. We are working closely with the ONR to ensure it will be in a position to regulate this new regime.

Based on current progress, I believe we will be in a position to deliver a domestic regime to international standards by March 2019, if required, and that such a regime will be able to satisfy the International Atomic Energy Agency and our international trading partners.

[John Woodcock]

I listened carefully to what the Minister has just said, and he seems to be setting up the UK to follow a minimum of the IAEA standards, and not necessarily the higher Euratom standards. Is that the case?

[Richard Harrington]

No. I do not accept the hon. Gentleman’s version of what I have said. We want a Rolls-Royce standard, the best possible standard we can have.

The negotiations on implementation are due to begin in the spring and, as hon. Members know, we will be reporting to the House regularly on progress.

Let me turn to the Henry VIII power. The hon. Member for Southampton, Test (Dr Whitehead) has mentioned his dislike for Henry VIII powers. This is a tiny Henry VIII power—a Henry VIII who has been on a diet for a long time—that is limited to amending references in the Nuclear Safeguards and Electricity (Finance) Act 1978, the Nuclear Safeguards Act 2000 and the Nuclear Safeguards (Notification) Regulations 2004 in order to accommodate safeguards agreements with the IAEA. Those amended references will enable the IAEA to carry out its activities in the UK, including by providing legal cover for the UK activities of its inspectors. We have to be able to update that legislation so that it contains the correct references for new safeguards arrangements with the IAEA, which have not yet been made but will be in the near future. Without amendment, the existing provisions will become ineffective when the current agreements no longer apply, which would leave us in breach of any new international safeguards regime.

The detailed amendments will not be known until the agreements are in place, so the power that we are asking for is essential if we are to ensure that the UK has a safeguards regime that complies with its future international obligations when Euratom’s safeguards arrangements no longer apply. It is a very narrow power and I do not think that it is relevant to the general discussions that the House has had on Henry VIII powers. I hope that Members on both sides of the House are satisfied and that they will not seek to press their amendments.

--- Later in debate ---

[The Secretary of State for Business, Energy and Industrial Strategy (Greg Clark)]

I beg to move, That the Bill be now read the Third time.

May I begin by thanking right hon. and hon. Members on both sides of the House for their constructive contributions during the Bill’s parliamentary stages to date? I thank everyone who has worked on it, including those who served on the Bill Committee, the House authorities, the experts who gave oral evidence in Committee, my indefatigable officials, who have worked very hard and effectively on the Bill, and the organisations that took the time to provide expert written evidence.

May I also thank and commend the Under-Secretary of State for Business, Energy and Industrial Strategy, my hon. Friend the Member for Watford (Richard Harrington), for his skill and application in steering the Bill through the House? There is no need for him to sing his own praises; they should be sung loudly and clearly from this Front Bench, and I think that that sentiment is shared by Members on both sides of the House.

May I also join in the commendation of the efforts of the hon. Members for Southampton, Test (Dr Whitehead) and for Sheffield Central (Paul Blomfield), who have been thoughtful and insightful, and who helped to improve the Bill during the Committee stage? As my hon. Friend the Minister said, they have applied the principles of constructive opposition to their scrutiny of this very important Bill, and that has helped to bring it to this stage in our proceedings.

Let me briefly remind the House why the Bill is so necessary and firmly in the national interest. The nuclear sector is not only important to the future of energy in this country, but has important applications in research and industry. My Department has been working very closely with the industry to make sure that our shared interests are reflected in arrangements as we leave Euratom. The Bill helps to provide the required certainty and clarity to support our ambitions.

As I said on Second Reading, the Bill ensures that when the United Kingdom is no longer a member of Euratom, we will have in place a legal framework that enables us to establish a domestic nuclear safeguards regime that meets international nuclear safeguards and non-proliferation standards. Nuclear safeguards, as the House now well knows, are the reporting and verification processes that nuclear states use to demonstrate to the international community that civil nuclear material is not diverted into military or weapons programmes. The Bill ensures that the United Kingdom can put in place the regime to enable the Office for Nuclear Regulation to oversee nuclear safeguards following withdrawal from Euratom.

To ensure continued international verification and oversight of our safeguards, we are, as my hon. Friend the Minister made clear throughout our proceedings, in discussions with the International Atomic Energy Agency to agree replacement voluntary safeguards agreements that reflect the UK’s withdrawal from Euratom. The Bill gives us the ability to implement those new safeguards and the domestic regime that underpins them.

[John Woodcock]

Following the Minister’s earlier answer, I was not entirely clear whether the Government are committed to Euratom standards from day one of this new regime, or looking at the de minimis of the International Atomic Energy Agency?

[Greg Clark]

We have been very clear. We see no problem with the standards that have obtained in Euratom, so our aim is to have complete continuity with those standards. I hope that the hon. Gentleman welcomes that.

Our intention is that the new regime should reflect the high standards that we expect. We want to establish a robust regime that provides coverage and effectiveness equivalent to that currently provided by Euratom. That is our objective. It is clear that we need continuity and that we must work to avoid any break in our civil nuclear safeguards regime if we want to continue the success and prosperity of our industry.

As has been evidenced in today’s proceedings, we have listened to concerns raised throughout the passage of the Bill in the House. In the context of both this Bill and the EU (Withdrawal) Bill, we responded to a number of questions by publishing on 11 January a written statement that outlines the Government’s strategy and objectives in relation to Euratom. Our strategy is twofold: first, to seek through our negotiations with the European Commission a close association with Euratom; and, secondly and simultaneously, to put in place all necessary measures to ensure that the UK can operate as an independent and responsible nuclear state from day one.

After hearing the concerns raised in Committee by the hon. Member for Southampton, Test and the hon. Member for Sheffield Central about enhancing parliamentary scrutiny, I have made a commitment to report back to Parliament every three months by way of further written statements about overall progress on Euratom, including in respect of negotiations. As we indicated in Committee, we remain committed to the open and transparent approach that has characterised our discussions on the Bill so far, including when we developed the regulations that set out the detail of the domestic civil nuclear safeguards regime.

In response to various amendments tabled in Committee, we have committed to continuing dialogue with the industry, the devolved Administrations and civil society. A series of stakeholder events and workshops will take place, in addition to the public consultation on the regulations that we intend will take place later in the year. Working closely with the ONR, we are in the process of producing two sets of draft regulations. In response to suggestions in Committee that the House would benefit from early scrutiny of the regulations, a pre-consultation draft of the regulations, with an explanatory covering note, was provided to Parliament, as the hon. Member for Southampton, Test said. The draft regulations will go through a full consultation so that they can be exhaustively examined, so we expect them to continue to evolve in response to comment from, and consideration by, stakeholders and, of course, Parliament itself. We make a commitment to work with Members on both sides of the House and people outside Parliament to make sure that the regulations reflect the best possible advice.

The swift progress of the Bill, and the supportive discussions in the House about it, have aided our negotiations with the EU, the IAEA and third countries. We have already held several rounds of discussions on Euratom issues in the first phase of the negotiations with the EU, and there has been good progress. Negotiations with the IAEA on future voluntary agreements for the application of civil nuclear safeguards have also been constructive, and substantial progress has been made. It is expected that these new agreements will be put to the IAEA board of governors for ratification later this year. Negotiations on nuclear co-operation agreements have also proceeded significantly. In particular, constructive progress has already been made in negotiations with key partners, such as the United States, Canada, Australia and Japan.

In the light of all this, I am grateful to the House for the scrutiny it has given to the Bill and the expert eye it has cast over it. The broad cross-party consensus that we have seen sends an important signal to our international partners that the United Kingdom will absolutely remain a leading and responsible nuclear state. It allows us to reassure the United Kingdom’s very important nuclear industry and the nuclear research community that we absolutely remain committed to supporting them to maintain the United Kingdom’s status as a world leader. Taking early action to have ready a domestic civil nuclear safeguards regime is both responsible and in the national interest, and I therefore commend the Bill to the House.