Nuclear Safeguards Bill (Fifth sitting)

Paul Blomfield Excerpts

Committee Debate: 5th sitting: House of Commons
Tuesday 14th November 2017 Public Bill Committees

[Richard Harrington]

I shall do my best to implement the wise advice you gave us, Mr Gray.

In summary, I believe that the intentions behind amendment 14 are entirely good, but I would argue that it is defective because it would turn on the improvement notice power for nuclear security. That does not need to be turned on because there are existing, stronger direction-making powers. I shall briefly try to make that argument—hopefully with some success—to the Committee. Of course, I share the hon. Gentleman’s concern to ensure that the ONR inspectors have the right powers to fulfil their responsibilities. That is the whole purpose of the Bill.

This issue was raised by the Prospect union. As a result of its evidence, I asked it for a meeting, which I have arranged for the next couple of weeks, to discuss all the issues it raised, together with the other union that gave evidence at the same time.

Paragraph 11(2) of the schedule to the Bill amends paragraph 3(5) of schedule 8 to the Energy Act 2013, extending the power to inspectors who are appointed. That is important so that inspectors can issue improvement notices for non-compliance in relation to nuclear safeguards. Therefore, I would argue that the Bill already achieves the purpose of the amendment.

Paragraph 4 of the schedule amends section 82 of the 2013 Act such that relevant statutory provisions will include nuclear safeguards. That is the key to switching on the ONR power. I hope that that reassures the hon. Gentleman, and colleagues on both sides of the Committee, that the Bill achieves the purpose of the amendment.

I shall leave it at that, Mr Gray, in keeping with the advice you gave. I would like to discuss this matter in greater detail, but that was the sentiment of your instructions to us.

[Paul Blomfield (Sheffield Central) (Lab)]

rose—

[The Chair]

Before the hon. Gentleman speaks, I should perhaps remind him that he may not withdraw the amendment, even if he wishes to. That must be done by the Member who proposed the amendment. He may, by all means, speak to it.

[Paul Blomfield]

Thank you for that clarity. Do not worry, Mr Gray, I was intending not to usurp my colleague’s role, but simply to underline the point that the Minister made.

An important part of our proceedings are the public evidence sessions that precede consideration of the Bill. Speaking on behalf of inspectors, Sue Ferns gave powerful evidence on a range of issues, but she was very clear on this one, as the Minister mentioned. She stated:

“As warranted inspectors, they feel that it is important to have those powers in the Bill. It is important for purposes of parity, to ensure continuity”—

and this is a crucial point in relation to safeguarding—

“also, as we have discussed, for external confidence in the way the job will be done.”

She went on to say that she had heard no argument to say

“why, if it is good enough for the 1974 Act”—

the Health and Safety at Work etc. Act—

“and the 2013 Act, we should contemplate a change in practice for this piece of legislation.”––[Official Report, Nuclear Safeguards Public Bill Committee, 31 October 2017; c. 35, Q71.]

That was powerful evidence on behalf of warranted inspectors that should lead the Government to think again. The Minister has been very accommodating and positive in trying to achieve consensus and agreement on issues where we share common concerns. I wonder whether he is able to reach out in the way that he did on earlier amendments to see whether an accommodation can be reached.

--- Later in debate ---

[Dr Whitehead]

Yes, indeed. The Minister is straying slightly, I think, into concerns that we may well address this afternoon: it is true that there are time constraints, and there are ways to sort that out.

[Paul Blomfield]

My hon. Friend is right to underline the importance of the point. I am sure that he, like me, would accept the Minister’s point about urgency in good faith, but is not there a problem in that the provision could apply to a range of issues? It is central to the Government’s argument about Henry VIII powers in general—

[The Chair]

Order. That is going well beyond the scope of the Bill. Mr Whitehead is, I think, about to wind up.