Nuclear Safeguards Bill

Patricia Gibson Excerpts

2nd reading: House of Commons
Monday 16th October 2017 Commons Chamber

[Drew Hendry]

What we would support is a sensible approach to maintaining either full or associate membership of Euratom.

The European regulator oversees nuclear matters as diverse as plutonium storage and medically vital radiotherapy supplies. For example, our membership of the Fusion for Energy programme allows the UK to receive contracts. So far, the UK supply chain has been awarded contracts worth €500 million, and that would have been expected to rise to at least €1 billion. Leaving Euratom seems to serve no purpose other than to satisfy this Government’s hard Brexit mantra.

[Patricia Gibson (North Ayrshire and Arran) (SNP)]

Does my hon. Friend agree that there seems to be a rigid consensus among Conservative Members that we cannot stay in Euratom if we leave the EU, and that they refuse to accept that legal opinion on the matter is divided? Does he agree that it is utterly incumbent on the Secretary of State to explore this divided legal opinion to see whether the UK can, indeed, stay in Euratom?

[Drew Hendry]

I agree that there are clearly unanswered questions about the legal position, which has not been challenged, exercised fully or even debated to any degree. Not only are our safety standards, research opportunities and business at risk, but we may see the most dramatic and negative effects of any withdrawal in the medical field.

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[Alan Brown]

Will the hon. Gentleman give way?

[Patricia Gibson]

Will the hon. Gentleman give way?

[Chris Green]

I have already given way on this issue.

It is absolutely extraordinary to suggest that these materials will dry up overnight. Clearly, we are going to have a good relationship with the European Union and there are going to be sales of these products.

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[Patricia Gibson (North Ayrshire and Arran) (SNP)]

Thank you for calling me to speak, Madam Deputy Chair. I am pleased to be speaking in the debate on the Nuclear Safeguards Bill, but what I have found, Madam Chair, I mean Madam Deputy Speaker—

[Hon. Members]

It’s Madam Deputy Speaker.

[Patricia Gibson]

That is what I said—[Interruption.]

[Madam Deputy Speaker (Mrs Eleanor Laing)]

Order. There is no need for hon. Members to contradict the hon. Lady, although I know that they are trying to be helpful. She made a slip of the tongue in referring to me as a Chair rather than as a Deputy Speaker, but I know what she meant.

[Patricia Gibson]

Thank you, Madam Deputy Speaker.

I am pleased to be speaking in this debate. Once again, we are in a debate where we are all promised a post-Brexit world that is shinier, better and newer than anything we have witnessed up to this point. Whether we are talking about nuclear safeguards, food safety standards, consumer rights, trade with the EU, the strength of the pound, UK nationals living abroad, EU nationals living in the UK, or 30% being wiped off the bond yields leaving a £1.8 trillion black hole in our public sector pensions bill, we are told that it will be all right on the night and that everything will be wonderful.

The fact is that no state has ever left Euratom before. Despite what we have heard in the Chamber today, some legal experts—I know that we do not always like listening to experts—believe that it would be perfectly possible for the United Kingdom to leave the EU and remain a member of Euratom because, despite sharing the institutions, the two treaties are distinct and have separate legal instruments. I urge the Minister to explore that. The nuclear industry certainly believes that the UK should pursue some form of continuing membership of Euratom. We do not know what form that will take. We have no details or certainty. I think I probably speak for a large chunk of the public across the United Kingdom when I say that the UK Government’s negotiating skills have not inspired confidence.

I remember sitting in a Committee and being told by the right hon. Member for South Northamptonshire (Andrea Leadsom), who is now the Leader of the House, that it was necessary and, indeed, essential for us to fly nuclear materials across UK skies so that they could be used in a range of medical treatments at the height of their efficacy. Experts now tell us that leaving Europe’s nuclear regulator will put patients in the UK at risk of losing access to vital medical treatments, but those concerns have been dismissed by Conservative Members,. Despite what we have heard tonight, withdrawal from Euratom as part of Brexit would make it harder for the UK to access the nuclear isotopes used in cancer treatments and medical imaging. It is not me who is saying this—I confess that I do not have the medical or scientific expertise to do so—but the Royal College of Radiologists has told us that this is the case, as has Martin McKee, professor of European public health at the London School of Hygiene and Tropical Medicine.

I could give the House 20 other examples of people at the top of their game who have told us this, but I fear that I lack the time to do so. Despite all that, those concerns were utterly dismissed by the right hon. Member for Chingford and Woodford Green (Mr Duncan Smith), who is no longer in his place, and the Secretary of State told us that these matters are not within the scope of the Bill. I fear that such a response is not reassuring. I am also alarmed, as I am sure many others will be, that someone who is qualified as an economist sees fit to contradict medical experts.

Euratom is responsible for co-ordinating and regulating the transport, use and disposal of nuclear materials in Europe, including many of the isotopes used in radiotherapy and some kinds of body scans. It seems that some of the most widely used medical isotopes can be produced only in specialised reactors, none of which is located in the United Kingdom. The materials currently used in Britain are mostly manufactured in the Netherlands, Belgium and France. Experts have told us that there is “no excuse” for Government Ministers failing to foresee the problems that leaving Euratom would cause. They have also indicated, given that all these matters are subject to negotiation, that although it might be possible for the UK to remain within the existing arrangements, it would be “exceptionally complicated” and that the UK’s position would “inevitably be weakened”. Those are the words of medical experts at the top of their field. Crucially, no real clarity on how any agreement might be achieved by the UK Government has been forthcoming. The Government’s position paper on Euratom published in July contained little detail even on nuclear power and it did not mention medical isotopes. Perhaps the Minister would care to mention them today. Can he also tell us whether the Secretary of State for Health has been consulted on this matter?

Ministers have absolutely no excuse for failing to anticipate this controversy. The problems were clearly highlighted in an article in the Financial Times way back in February and in briefings by nuclear industry experts. I know that we do not like experts, but occasionally it is useful to listen to them. As with all aspects of Brexit, there is little evidence of any serious planning.

[Kwasi Kwarteng]

The whole purpose of this Bill is to plan for the contingency where we leave Euratom, so how can the hon. Lady say that?

[Patricia Gibson]

We have heard repeatedly from those on the Conservative Benches about transitional arrangements and avoiding a cliff edge, but everything is subject to negotiation. As I said earlier, the negotiating and diplomatic skills of the UK Government are deeply suspect, and at worst alarming, when it comes to dealing with Europe.

Dame Sue Ion, the honorary president of the National Skills Academy for Nuclear and a former chair of the Nuclear Innovation Research Advisory Board, has pointed out that

“if suitable and robust alternatives to leaving Euratom are not in place, the potential impact”—

may mean that we—

“cannot move material or intellectual property or services or components or medical isotopes.”

That view was echoed by Rupert Cowen, a senior nuclear energy lawyer, who has been critical of Government officials, whom he called “ignorant” of the impact of leaving Euratom because they

“think it’ll be all right on the night. It won’t.”

If he is tired of hearing that it will be all right on the night with regard to Euratom, imagine what he would make of the list at the start of my speech.

Madam Deputy Speaker, may I crave the indulgence of the Chamber for a few more minutes? I cannot let this debate pass without mentioning something that is not strictly within the scope of the Bill. I fear that we cannot talk about nuclear safety and regulation without pointing to another threat that looms large.

[James Cleverly]

I chose not to bring this up when the Opposition Front-Bench spokesman was speaking, but the Bill has nothing to do with nuclear safety. It is about nuclear safeguarding. The words are similar, but they have a fundamentally different meaning.

[Patricia Gibson]

I appreciate that the hon. Gentleman is making a point about a legalistic separation, but when I speak to constituents about nuclear safeguards and nuclear safety—his experience may be different—the two things are entwined. To separate regulation and safety legally may be one thing, but to separate them when discussing them with constituents is another.

[Alan Brown]

My hon. Friend has already made her point perfectly, but for absolute clarity about the overlap between nuclear safeguards and nuclear safety, the House of Commons Library briefing on Euratom states that delays in making reciprocal arrangements

“would have consequences for current operation, waste and decommissioning, and to new builds such as Hinkley Point.”

If there will be an impact on nuclear decommissioning, does my hon. Friend agree that involves safety risks?

[Patricia Gibson]

My hon. Friend makes that point with his usual succinct articulation of the facts.

Before I conclude, it would be remiss of me not to mention something that is outside the scope of the Bill, but very much at home in any debate about nuclear safeguards, nuclear regulation or nuclear safety. Last week, I met the Civil Nuclear Police Federation and was appalled to hear of the Civil Nuclear Constabulary’s concerns. In partnership with the civil nuclear industry, national security agencies and regulatory bodies, the force works to deter any attacker whose intent is the theft or sabotage of nuclear material, whether static or in transit. Should such an attack be made, the CNC will defend that material and access to it. If such material is seized or if high-consequence facilities are compromised, the CNC will recover control of the facility and regain custody of the material. Its officers are therefore heavily armed and have high levels of physical fitness. Their retirement age has been increased to 67 or 68, and I was deeply disappointed that the Under-Secretary of State for Business, Energy and Industrial Strategy, the hon. Member for Watford (Richard Harrington), has not met those officers, who do such an important job in guarding our safety and often work in harm’s way. I urge him to make the time to meet them.

I also urge the Minister to explore fully all legal avenues and opinions for the UK to remain a member of Euratom, which provides a framework for international nuclear safeguarding compliance and undertakes safeguards, inspections and reporting. Indeed, dispensing with the UK’s international treaty obligations on issues such as non-proliferation that are managed through Euratom will undoubtedly damage the UK’s nuclear industry, jeopardise high-quality jobs in engineering and chemistry and do much to undermine confidence in the UK’s already significantly diminishing international influence.

[Drew Hendry]

My hon. Friend makes a key point about the breadth of issues that are not covered by the Bill’s narrow focus. Government Members would like to separate safety issues and the unanswered questions that are legion here tonight, but that is the real problem.

[Patricia Gibson]

I think all Opposition Members sense the unease with which Government Members are unwilling to talk about the Bill’s narrow scope, which leaves so many uncertainties and questions. We are all rightly concerned about nuclear safety, but in our discussions let us remember to give a break to the brave officers of the Civil Nuclear Constabulary, who work day in, day out to maintain nuclear safety across the UK.

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[Simon Hoare]

I agree very much with my hon. Friend. It certainly shoots the fox that we will have a bonfire of regulations and a race to the bottom. I find it strange that those who have spoken against the Bill this evening have, in one breath, accused the Government of presiding over a chaotic, shambolic and uncontrolled, if not incontinent, Brexit process and have then chastised the Government for trying to ensure continuity at an early stage, as my hon. Friend and others have said. Such continuity is welcome, and we would be right to chastise the Government were we not to have it.

If the Bill is not a debate about Brexit virility, it is also certainly not about access to isotopes, and I absolutely deplore those who have tried to wave that shroud. One of my hon. Friends—I was going to say it was my hon. Friend the Member for Eastleigh (Mims Davies), but I do not think it was her—said that access to isotopes is important for a large number of our constituents who need them for medical treatment when they are unwell, and it is the worst kind of shroud waving to say that they will not have that access.

[Patricia Gibson]

The hon. Gentleman criticises those who have raised concerns about access to medical isotopes, who were echoing the medical experts in the field. Is he dismissing the legitimate concerns raised by those working in the medical field?

[Simon Hoare]

The hon. Lady falls into a classic trap. I am not one who seeks to dismiss experts—as a non-expert, I always turn to experts for advice—but a concern that is wrong in fact does not become legitimate if it is raised by an expert. A person could be concerned about all sorts of things, and they could have as many letters after their name as they like, but they are not always correct. Some Opposition Members started to fan the embers of this flame about three or four months ago, and it does not appear to have caught.

I have received a briefing note, as I am sure have other colleagues, entitled “What about medical radioisotopes?” The import or export of medical radioisotopes is not subject to any Euratom licensing requirements. Let us seek to assure the experts who have concerns—their concerns are legitimate, and the House must address them—that Euratom places no restrictions on the export of medical isotopes to countries outside the EU. These isotopes are not subject to Euratom supply agency contracts or to Euratom safeguards, which means no special arrangements need to be put in place ahead of withdrawal.

Withdrawal from Euratom will have no effect on the UK’s ability to import medical isotopes from Europe and the rest of the world. It is in everyone’s interest not to disrupt patients’ timely access to treatment, and it is in everyone’s interest to ensure that cross-border trade with the EU is as frictionless as possible. I entirely take the point raised by several hon. Members, including the hon. Member for Inverness, Nairn, Badenoch and Strathspey (Drew Hendry), that some of these products have a short shelf life, and clearly we cannot have these products sitting in an overheated metal container at the port of Dover or Calais.

Out of common sense I have to ask which country on God’s earth will set a tariff barrier regime and seek to take beyond its useful lifespan a vital component in the delivery of medical care. In the French Government, the German Government and the Belgian Government, we are not dealing with countries that have no interest in public health and healthcare, because of course they do, as do our Government. The idea that those countries will deliberately set up barriers that cause these products to pass their sell-by date, like a piece of chicken that has been sat too long on a supermarket shelf, is fanciful and compounds the allegation that I and several of my hon. Friends have made, that the Bill can be criticised for other reasons, but it is cruel, callous and unnecessary to criticise it at the expense of unsettling people who require medical interventions.

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[Simon Hoare]

I apologise for seeking to remake this point for the convenience of the hon. Gentleman, Madam Deputy Speaker, but I am simply saying this: irrespective of how we might have campaigned and voted in the referendum, this is a time when we have a responsibility, as parliamentarians, to make sure that on certain key things—something as sensitive as this is a key thing—we set aside our personal beefs on whether it is a good or bad idea, in order to make sure our constituents are not alarmed. We have heard from the Secretary of State, read the briefing papers and heard from the Universities Minister, as my hon. Friend the Member for Bury St Edmunds (Jo Churchill) has pointed out, and that should now shoot that fox well and truly. What has been suggested is not going to be a by-product of coming out of Euratom.

[Patricia Gibson]

I just want to clarify this point, and I assure the hon. Gentleman that I will not try to intervene again, because I am sure he will answer it well, and I hope he understands that I have enormous respect for him. I understand that he has a background in public relations, so given his background and level of expertise in his field, is he comfortable with contradicting and dismissing as “scaremongering”, “overreacting” or whatever word he wants to use, the legitimate concerns raised by the Royal College of Radiologists?

[Simon Hoare]

I am not contradicting. I am seeking to answer—

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[Simon Hoare]

My hon. Friend gets the point, because he takes a Conservative approach to the operation of the economy. People in Britain want to buy something. We do not make it, but some countries overseas do. But we have also heard this, “We make too much for our domestic market and we want to sell it overseas. We have been doing this for years, but, do you know what? Just to bite off our nose to spite our face, we’ll stop doing it.” That is the crux of the argument we have heard from the hon. Members for North Ayrshire and Arran and for Kilmarnock and Loudoun (Alan Brown). I would say it was bizarre if it were not so careless.

Let me conclude my remarks by returning to the point about the value—soft as well as hard—to UK plc of the collaborative opportunities for research that membership of an organisation such as Euratom presents. We have heard from my right hon. Friend the Member for Wantage (Mr Vaizey), my hon. Friend the Member for Copeland (Trudy Harrison) and the hon. Member for Barrow and Furness (John Woodcock) about the supply chain, the jobs and the offshoots of economic activity that flow from this. If we are talking about background research, I understand that the hon. Member for North Ayrshire and Arran has a nuclear facility in her constituency. One can only presume that she has constituents who work in it, but she said precious little about them in her speech—

[Patricia Gibson]

That was not in the scope of the Bill.

[Simon Hoare]

Well, that did not stop the hon. Lady dilating on lots of other things that were not in the Bill. This sudden stricture of rectitude and probity that she cloaks herself in as the winter months approach is a little hard to take. We should never underestimate what that collaborative research does to advance the sum of human knowledge, and to benefit our country in hard currency terms and profile terms as a centre of excellence, expertise, professionalism and world leadership. I see this Bill as very much taking a belt-and-braces approach. I just hope that if we have to default to this, because we find that the lawyers are right or we are not allowed to remain part of Euratom as there is some conflict with the European Court of Justice or whatever, the regimes we put in place and the culture we create tell the rest of the world interested in this sector that we, too, are open for business and committed to research, and we are not turning our back on academic and, yes, medical collaboration.