Euratom Membership

Paul Blomfield Excerpts

Wednesday 12th July 2017 Westminster Hall

[Paul Blomfield (Sheffield Central) (Lab)]

Thank you, Mr Gray, for your rigorous chairing of this debate.

I congratulate my hon. Friend the Member for Ynys Môn (Albert Owen) on securing the debate and on the knowledge of and commitment to this vital sector that he demonstrated in his opening remarks. Those have been reflected by many of the Members who have spoken, from both sides of the House. They demonstrated the strength of concern that exists about this issue across party lines. The Prime Minister has called for some level of cross-party co-operation on Brexit, and in many ways today’s debate has taken her up on that. Her response will show whether she is serious.

Many Members have spoken knowledgably about Euratom’s importance to the UK, and the worrying implications of a cliff-edge departure. Euratom has enabled the UK to become a world leader in nuclear research and development. The fact that the Secretary of State for Business, Energy and Industrial Strategy has decided to continue funding the JET facility in Culham demonstrates that he recognises that too. That point was made very forcefully by the hon. Member for Oxford West and Abingdon (Layla Moran).

[Annaliese Dodds (Oxford East) (Lab/Co-op)]

I was not given the chance to speak on this issue, so I want to ask my hon. Friend whether he is aware of the need for certainty about Culham’s status to be provided within the year, given the need to avoid the Austrian presidency. We need answers very quickly on its continuation. Further, is he aware of the enormous expense that will be incurred if the Culham centre has to be decommissioned, rather than allowed to develop the practical technology of which it was, of course, a global pioneer?

[Paul Blomfield]

I thank my hon. Friend for her intervention, which demonstrates her commitment to the Culham facility not only in her current role but in her previous job. She is right on both points. The hon. Member for Oxford West and Abingdon made this point forcefully: we need certainty now—not at some stage in the future, but now—because otherwise the facility is at risk.

[Kit Malthouse]

Does the hon. Gentleman recognise that actually the biggest threat to fusion research in Europe generally is the stance of the European Union itself? Given that Germany has decided to phase out nuclear power, the hostility of the Austrians and the fact that the anti-science Greens now pepper the European Parliament and parliaments across the EU, the likelihood of Horizon 2020 funding continuing to go into nuclear research at the same level is very low, and likely to reduce.

[Paul Blomfield]

Those thoughts are contradicted by the enormous investment that the European Union has put into the Culham facility and is committing to.

Moving back to the benefits of Euratom, it oversees the transport of nuclear fuel across the EU and enables vital co-operation on information, infrastructure and the funding of nuclear energy. It provides safeguarding inspections for all civilian nuclear facilities in the UK—a point made well by the hon. Members for Dwyfor Meirionnydd (Liz Saville Roberts) and for Copeland (Trudy Harrison), who was right to say that if we get this wrong, it will have an economically crushing impact on the UK. Euratom is the legal owner of all nuclear material, and is the legal purchaser, certifier and guarantor of nuclear materials and technologies that the UK purchases. That includes our nuclear trade with the United States.

As has been highlighted this week and by other Members, including the hon. Member for Central Ayrshire (Dr Whitford), Euratom also plays an important role in our NHS. A Conservative Member questioned that point, but I take the judgment of the Royal College of Radiologists, which has expressed genuine concern that cancer patients will face delays in treatments if supply is threatened. My hon. Friend the Member for Southampton, Test (Dr Whitehead) highlighted the National Audit Office report on the risks to Hinkley Point. In all areas, our membership of Euratom is vital.

Indeed, the Government stated that they want to replicate the arrangements we have with Euratom. They have talked about probably the exact same benefits, in the way that they have about the trade deal they want in place of single market membership and customs union membership. It is an ambition that they have yet to demonstrate how they will achieve.

Outside Euratom, the Government would have to negotiate individual nuclear co-operation agreements with every single country outside the EU with which we currently co-operate on these matters. Those would be complex, lengthy negotiations within a 20-month framework. I am interested to hear from the Minister how far they have progressed on those. The Nuclear Industry Association has been clear that if we left without them in place, it would be a disaster—a point made by my hon. Friend the Member for Barrow and Furness (John Woodcock), who is a strong champion of these issues.

All this prompts the question: why add this whole other burden to run alongside the negotiations for our withdrawal from the European Union? The bigger issue at play here was summed up very well—I loved the football analogy—by my hon. Friend the Member for Cambridge (Daniel Zeichner): the Prime Minister’s obsession with the European Court of Justice. In that context, it is deeply unfortunate that Ministers from the Department for Exiting the European Union have dodged today’s debate. It is becoming something of a habit. We have had three debates in this and the main Chamber on exiting the European Union since the election. DExEU Ministers have dodged every one. That is an unfortunate habit, because both sides of this House demand a level of accountability that they are not demonstrating they are up for.

Back in February, I challenged the then Minister of State at DExEU, the right hon. Member for Clwyd West (Mr Jones), about allegations that it was the jurisdiction of the European Court of Justice that had led the Government to issue a notice to withdraw from Euratom alongside the notice to withdraw from the EU. In response he told the House, along much the same lines that he has repeated this morning, that this was not the case. He said:

“it would not be possible for the UK to leave the EU and continue its current membership of Euratom.”—[Official Report, 8 February 2017; Vol. 621, c. 523.]

The right hon. Member for Wantage (Mr Vaizey) and the hon. Member for Henley (John Howell) have expressed the view, which many of us share, that legal opinions are never that straightforward. The hon. Member for Henley made that very explicit.

[Mr David Jones]

The hon. Gentleman mentioned me. He has heard what I have to say. I repeat that the advice that DExEU received was as I have outlined this morning. Does he accept that?

[Paul Blomfield]

I think that there are probably enough lawyers in this place to know that legal advice can go in many ways. It may well be that that advice was received by the Department, but other Conservative Members have made it clear that if the political will exists, a solution can be found.

[Mr Vaizey]

I do not mean to doubt the assertion by my right hon. Friend the Member for Clwyd West (Mr Jones) that that was the advice his Department received, but it would of course help the hon. Gentleman to agree with him if the Department published the advice that my right hon. Friend saw when he was a Minister.

[Paul Blomfield]

The right hon. Gentleman makes a very good point. I hope the Department will respond by publishing that advice.

[Sir William Cash]

This is not just a question of legal opinion; it is actually stated in the treaty itself. Article 106a of the Euratom treaty, as amended by the Lisbon treaty, unequivocally says that article 50 of the treaty on European Union—the article that sets out the procedure for EU withdrawal—

“shall apply to this Treaty.”

It is there in black and white. It is not a matter of legal opinion—it is just there.

[Paul Blomfield]

I thank the hon. Gentleman for his intervention. On the issue of cross-party consensus, I have to say that I was interested in his earlier contribution about looking for some sort of associate membership of Euratom, which might well involve the jurisdiction of the ECJ. We are making some progress, aren’t we?

Let me come to those in the Government who have contradicted the comments by the right hon. Member for Clwyd West in February. Comments by James Chapman, the former chief of staff to the Brexit Secretary, contradict that statement, and his comments were confirmed by the former Chancellor. They suggest that the nuclear industry, jobs and cancer treatments are being put at risk by the Prime Minister’s reckless and irresponsible decision to make the future of the ECJ a red line in all matters to do with Brexit.

[Mr David Jones]

Will the hon. Gentleman give way?

[Paul Blomfield]

No, because I am conscious of time.

All this goes well beyond the issue of Euratom. As the hon. Member for Harwich and North Essex (Mr Jenkin), who is no longer in his place, pointed out, it will affect our future in other agencies that we would also wish to be members of, such as the European Medicines Agency. We should start with the presumption that if these agencies are in our interests as a country, we would want to continue to maintain that membership.

We have already seen the obsession with the ECJ undermining discussions on the rights of EU citizens in the UK, and therefore those of UK citizens in the EU27. That obsession will also affect our ability to secure the objective that the Government have set themselves: the “exact same benefits”—I quote the Brexit Secretary—that we currently enjoy in the single market and the customs union.

I hope the Minister will agree to take back to his Secretary of State the clear consensus in this Chamber, and I hope the Secretary of State takes it to the Prime Minister. As James Chapman said, if the Prime Minister does not shift her position on Euratom,

“parliament will shift it for her.”