Nuclear Safeguards Bill

Rachel Reeves Excerpts

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

[Greg Clark]

I will certainly make that commitment. One feature of the nuclear industry is that it is, appropriately, highly consultative. People from across the sector talk to each other. It is a community of experts and they take advice. We will certainly continue to do that.

The hon. Gentleman mentioned the Nuclear Industry Association, with which I have meetings and with which the Under-Secretary of State for Business, Energy and Industrial Strategy, my hon. Friend the Member for Watford (Richard Harrington) meets regularly. The NIA has said clearly that the publication of the Bill

“is a necessary legislative step in giving responsibility for safeguards inspections to the UK regulator”.

I have been clear with the House that the Bill is a prudent and timely set of measures that does not prejudge the discussions we will have with Euratom. I regard it as a model of good order.

[Rachel Reeves (Leeds West) (Lab)]

rose—

[Greg Clark]

I give way to the Chair of the Business, Energy and Industrial Strategy Committee.

[Rachel Reeves]

The Secretary of State says that he speaks regularly to the experts in the sector and industry; can he give an example of anybody in the industry who would prefer the powers to be transferred to the ONR rather than for us to stay in Euratom? Is there anyone?

[Greg Clark]

The hon. Lady justifies what I said at the outset. The arrangements we have had with Euratom have been perfectly satisfactory, and we want to see maximum continuity. I hope she would agree, though, that it is necessary and prudent to take legislative steps so that if we are not able to conclude a satisfactory agreement—I do not expect that—we nevertheless have a world-class nuclear safeguarding regime. I would have thought she would welcome our doing that in good time and sensibly.

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[Chris Green]

Absolutely. I agree wholeheartedly with my hon. Friend. As has been highlighted, 500 medical procedures a year, involving 10,000 people in the United Kingdom, depend on these products, yet we hear that they are going to be withdrawn and taken away, or that they will be held at the ports.

[Rachel Reeves]

Will the hon. Gentleman give way?

[Chris Green]

No, I have already given way.

That is an extraordinary thing to suggest, and since this is outside the scope of the Bill, it is clearly scaremongering.

[Rachel Reeves]

Will the hon. Gentleman give way on that point?

[Chris Green]

No. I am going to make some progress.

As we leave the European Union, we want to continue research relationships with it on many projects. We will see through Horizon 2020 to the end, and we must consider what kind of relationship we will have on the successor programme—framework programme 9. We need a close relationship with the European Union on Horizon 2020, but we must also consider what relationship we need or want on framework programme 9, and we must be mindful of the direction of travel with the European Union.

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[Rachel Reeves (Leeds West) (Lab)]

I do not think that anybody debated or considered leaving Euratom, or voted to leave it on 23 June 2016—

[Kit Malthouse]

I did.

[Rachel Reeves]

Except the hon. Gentleman. However, we are where we are, and the Government have made their decision. I urge them not to abandon what I and many hon. Members regard as a sensible approach: to pursue a transition period during which we stay under Euratom’s auspices, and then seek some sort of associate membership so that we do not have to recreate everything that the Minister and others have said that we value from our membership.

I understand the need for the Bill. There is a risk that we could crash out of the EU and Euratom, and we need a back-up, given that the Office for Nuclear Regulation will take on the responsibilities that Euratom has today. Unlike trade, there is no fall-back option for nuclear. With trade, we have the World Trade Organisation, but with nuclear, if we do not have an arrangement with the IAEA, we will not be able to trade or move nuclear materials around the EU. The Bill is an important belt-and-braces measure in case we crash out, which I hope does not happen, but is a risk.

The Bill does part of one thing—pass the remit for safeguarding inspections from Euratom to our regulator, the ONR. As hon. Members know, the ONR is not new, but there are serious pressures on its capacity. It is currently recruiting a new chief nuclear inspector, and only last week the Government had to put aside more money for it as part of the clean growth strategy. We therefore know that the ONR is under pressure even before taking on the new responsibilities that the Government may pass on to it. As a senior ONR official was forced to admit to a Select Committee in the other place, the timescale for adding safeguarding responsibilities is “very challenging”.

[Albert Owen]

My hon. Friend is making an important point about the ONR’s resources. Indeed, it takes about seven years to train the experts to ensure that they are competent enough to do the work. The lack of resources means that we really need a transitional period.

[Rachel Reeves]

My hon. Friend speaks with great knowledge. He led the Westminster Hall debate and has a constituency interest. He is absolutely right, and some of the questions I will pose later are about how we can be sure that the ONR has the capacity and the capability to take on the responsibility that the Government will pass on to it.

The Bill does not resolve all the safeguarding issues. It does not solve the difficulties associated with the common nuclear market that exists as part of the Euratom framework, and it does not put in place the nuclear co-operation agreements with other countries that we would require to enable trading and even the exchange of information between nuclear states. It does nothing to resolve the arrangements to continue the world-leading fusion research, funded by Euratom but located in Oxfordshire, as the right hon. Member for Wantage (Mr Vaizey) pointed out. I know that Members who represent those communities have real concerns about the impact. When I visited Culham a couple of weeks ago, it was made clear to me that those working there would prefer to stay in Euratom and had serious concerns about our exit.

Despite what some hon. Members think and say, the Bill does not provide the assurance that radiographers and others have sought for months from the Government that medical radioisotopes, again not made here, can be seamlessly transported to the UK for diagnostics and treatment. No one in this Chamber can say with certainty what will happen in March 2019, and whether agreements will be put in place for the frictionless movement of goods and services. Without that, we cannot be certain that those radioisotopes can come into this country easily and without hindrance.

Given that list, it should not be a surprise to Ministers or the House that my Committee—the Select Committee on Business, Energy and Industrial Strategy—has launched an inquiry into the impact of the Government’s decision to leave Euratom. The House will also not be surprised to learn that a lot of detailed and concerning evidence has been submitted to us. As well as my visit to Culham and the Joint European Torus—JET—I was at Hinkley Point today, meeting representatives from Hinkley Point C. Again, concerns were expressed to us about ensuring that nuclear fuel can get into the country once we have left Euratom. Ministers should be mindful of that.

Let us be clear: the process of ceasing to be part of Euratom, if that is what we end up doing, is complex, time consuming, and relies on good will, negotiation and agreement with third parties. Ministers cannot simply say that we will get those arrangements—they are up for negotiation. The Bill is just one small part of that complex picture, and as Ministers know, there is a very limited timeframe to get a series of agreements with a range of third party states to replicate what already exists as part of the Euratom framework.

My biggest concern about the Bill as it stands is that although it provides for permission to transfer the responsibility for safeguarding, it leaves to a later date all the arrangements that need to be made to ensure that the ONR can carry out those new functions. It leaves it to Ministers to determine them, at an undetermined time—increasingly a feature of the Government’s attitude to this as well as other aspects of the process of disentangling the UK from the EU. That is worrying, and should concern every Member of this House. Parliament should be involved because the decisions made here will affect all our constituents.

If we consent to the Bill as it stands, and transfer authority from Euratom to the ONR, it is important that we are confident in the arrangements to effect that change. We must be confident that, as my hon. Friend the Member for Ynys Môn (Albert Owen) said, the ONR has enough qualified and relevantly experienced personnel, because this is a specialist and skilled task, to do the job. Given that it is currently done and has been done for decades by another organisation, we must be confident that those people have had the right training, that the equipment required for monitoring special fissile material—by inspection in person and remotely—is in place, and that we know that the IAEA, the international body responsible for safeguarding standards, is satisfied and confident that this can be done effectively.

However collegiate or conciliatory Ministers are during the Bill’s passage, and I know that they will be, they cannot provide those assurances to Parliament today, or any time soon, and they have no way of knowing whether the conditions will be met. It is a very big gamble, and frankly, it is unacceptable to say, “Don’t worry, it will all happen through regulation and we will deal with it later; we have a very good relationship”. It is Ministers’ and the Government’s responsibility to provide Parliament with the assurances, detailed information and confidence on this matter, and all those aspects of replicating what we currently benefit from as part of Euratom.

In the context of the Bill and what needs to happen in addition to it, there are several questions that need answers before Members can be convinced that the Government’s course of action—their choice that we go our own way rather than negotiate for a transition period and associate membership—is correct. When can Ministers tell the House more about the terms of any agreement with the IAEA? It has been suggested that standards will be broadly equivalent to those from which we benefit now. What does “broadly equivalent” mean? What is the difference between what we currently have and what the Government are seeking to get from the IAEA? When will the voluntary offer be agreed, ratified and confirmed by the IAEA? What measures do the Government have in mind to ensure that the Office for Nuclear Regulation has the right skills and resources in place, given how long it takes to train a nuclear safeguards inspector and the skills shortages that already exist in the sector?

The Minister knows well that many experts in the field are concerned about the decision to leave Euratom. Since its inception, Euratom has helped to facilitate trade, promoted key research and development programmes, allowed for the movement of skills and maintained high safeguarding standards. While nobody in this House would demur from the absolute requirement that safeguarding inspections happen, or from the need for the ONR to have powers from this House if it is to undertake that role, the Minister must realise too that, notwithstanding that position, many questions remain unanswered. I hope a better way forward can be found—transition and associate membership, not a risky and costly process of transferring powers to the ONR for something that by its very nature relies on international co-operation, agreement and trust.

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

I apologise, Mr Speaker, because I nearly called you Madam Deputy Speaker. I turned around and you were there, and I feel a lot better knowing that you are at the helm.

I have listened carefully to the arguments in this debate about our country’s future nuclear safeguards regime. I thank Members from all parties for their contributions, but particularly my right hon. and hon. Friends, so many of whom spoke. I am encouraged by the general consensus in the House on one fundamental point: the UK nuclear industry and nuclear research community—both of which have an excellent global reputation—are key assets and must be supported. I promise that we will do nothing to endanger that.

Regardless of where Members stand on membership, associate membership, transition or departure from Euratom—people have used various pronunciations today—I hope we can all agree that it is sensible and prudent to take the powers contained in the Bill, as they are necessary to set up our domestic nuclear safeguards regime. However, there has been a lot of scaremongering—that word has been used. I hope that Opposition Members did not intend to frighten people unnecessarily with certain comments, because I would have to call that “Project Fear”.

I can state categorically that, first, the Bill is nothing to do with medical isotopes and fissile materials are excluded; secondly, we are not going to crash out with no arrangements; and thirdly, important though nuclear safety is, it is nothing to do with nuclear safeguards. The Bill is the Nuclear Safeguards Bill. We have consistently repeated that, but unfortunately—[Interruption.] I was going to say that unfortunately the shadow Minister is nodding, but I know he is nodding because he knows. Other Members, particularly those on the SNP Benches, have confused the two.

On the triggering of article 50—this has been mentioned several times—the European Commission stated very clearly to the European Parliament:

“It is recalled that in accordance with Article 106(a) of the Treaty establishing the European Atomic Energy Community, Article 50 of the Treaty on European Union applies also to the European Atomic Energy Community.”

Given that article 50 has been triggered and that the European Commission has said that that was the right decision, we believe that it is absolutely essential that we have a constructive and co-operative relationship with our European partners.

[Rachel Reeves]

rose—

[Richard Harrington]

I would love to give way to the Chair of the BEIS Select Committee, but I have very little time. I do hope that she will understand—[Interruption.] Oh, all right.

[Rachel Reeves]

What a gentleman! Thank you very much.

The Minister is setting out two alternatives: the ONR taking responsibility or our staying in Euratom. However, there is a third way forward—a third way—which is to seek a transition period in which we remain in Euratom and then go for some sort of associate membership of Euratom. Are the Government exploring that opportunity, which would best serve our industry and those jobs?

[Richard Harrington]

Well, I do know that the Chair of the Select Committee is a well-known Blairite, but actually to quote Mr Blair is very impressive. We leave Euratom at the same time as we leave the European Union.

[Rachel Reeves]

rose—

[Richard Harrington]

I really must make some progress.

As we have heard, there are other issues of great importance, such as access to skilled workers and continued R and D collaboration, on which we are focused as we seek to establish our new relationship with Europe’s nuclear community. The shadow Minister, the hon. Member for Sheffield Central (Paul Blomfield), asked me why those points are not included in the Bill. It was a fair question, but let me tell him that they are part of Euratom’s activities that are subject to negotiation but do not require legislation.

I was not surprised to hear all of the concerns expressed today—I would be astonished if the House did not have concerns and questions given the novel circumstances that we now find ourselves in. No country has ever left the EU or Euratom before. Let me explain for the avoidance of doubt that this is not an alternative. This is not because we do not want to maintain our successful civil nuclear co-operation with Euratom. We must set our own nuclear safeguards regime. It would be irresponsible for us not to do so. We are using the body that already regulates nuclear security and safety—the ONR. The shadow Minister said that it has only eight suitable employees at the moment. That is why we are here today—we need to ensure that the Bill has all the provisions both in terms of IT and infrastructure, and we need to recruit all the necessary people. That is why we are taking the powers, why they are so important and why the Bill is so vital and deserves support from across the House. We want to have—and we will have—a domestic nuclear safeguards regime that will enable the UK to meet international safeguards and nuclear non-proliferation standards after we withdraw from Euratom.

The intention is for the new domestic regime to exceed the standard that the international community would expect from the UK as a member of the IAEA. As my right hon. Friend the Secretary of State pointed out, we are aiming to establish a robust regime as comprehensive as that currently provided by Euratom.

Some hon. Members have asked why the Bill has been introduced and brought to its Second Reading so quickly—in fact, within a few days. That is because we know how important it is to have a nuclear safeguards regime for the UK. The ONR is key to that, and it needs the time to carry out both the recruitment and the planning. The international community, which we deal with all the time, wants to know that the safeguards regime will be established well before March 2019. I wish to thank EDF Energy, which is constructing our new Hinkley Point nuclear power station, and all of the other people in the nuclear industry, whom I briefed just before introducing this Bill last week, for their support in what we are doing here. The Bill is absolutely critical.

The Opposition have raised some issues about the powers in the Bill and the way in which we have approached the measures. The shadow Secretary of State said that there were too many delegated powers, Henry VIII provisions and all those sorts of thing. In fact, there is one Henry VIII power, which is limited and necessary because it enables us to alter references to the United Kingdom’s agreements with the IAEA. We would not be able to license the inspectors, for example, without concluding these negotiations, which are currently trilateral between the UK, Euratom and the agency.

The bulk of discussions with the European Union are ongoing. We are exploring a number of options for smooth transition from the currently regime to a domestic one. The negotiations are going well. We have found a spirit of co-operation because the officials in Europe and ourselves have a big mutuality of interests, but we have to plan just in case suitable arrangements are not worked out. Shared interests are important and we know that we will provide the best possible basis for continued close co-operation with Euratom, although we cannot say exactly how that will be. It will be similar when we negotiate our bilateral nuclear co-operation agreements, about which my right hon. Friend the Member for Wantage (Mr Vaizey) made a rather excellent speech. He actually thanked me for harassing him in the Tea Room, which I will now always try to do. He mentioned the importance of and concerns about the bilateral nuclear co-operation agreements, which are already in place with several countries and will continue. My officials have been to the other countries concerned and I am certain that talks will progress well.

I am happy to meet the representative from the Royal College of Radiologists to discuss the concerns of the hon. Member for Oxford West and Abingdon (Layla Moran). I had hoped that I had reassured her, but I perfectly understand her point and am happy to meet the relevant people. My hon. Friend the Member for Copeland (Trudy Harrison) made an excellent speech. The ONR has already started building processes and systems and recruiting inspectors, and the essential funding will be in place to do that.

I have heard many considered views from both sides of the House, but I hope that the House will unite in recognition of the special contribution of the nuclear industry. The Opposition have said that they will not vote against Second Reading, which is responsible, but I look forward to a lengthy and constructive discussion in Committee and on Report. I can tell from the polite smiles from the Opposition Front Benchers that they will be raring to go and I welcome that. Quite apart from in Committee, I am happy to sit down and discuss the Bill with anybody on an individual basis. I am passionate about it because we really need this domestic nuclear safeguards regime, regulated by the regulator here. It should be as robust and comprehensive as that provided by Euratom or by any international operation. I am sorry that I have not been able to take every intervention, but my door is always open. I very much look forward to the remaining stages of the Bill.

Question put and agreed to.

Bill accordingly read a Second time.