Tuesday 14th November 2017
(6 years, 5 months ago)
Public Bill CommitteesNuclear Safeguards Act 2018 View all Nuclear Safeguards Act 2018 Debates Read Hansard Text Amendment Paper: Public Bill Committee Amendments as at 14 November 2017 - (14 Nov 2017)
The Committee divided: - Ayes: 7 / Noes: 10 - Question accordingly negatived.
The Committee divided: - Ayes: 7 / Noes: 10 - Question accordingly negatived.
The Committee divided: - Ayes: 7 / Noes: 10 - Question accordingly negatived.
Dr Alan Whitehead (Southampton, Test) (Lab)
I beg to move amendment 7, in clause 4, page 5, line 6, at end add—
“(5) Regulations under subsection (2) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.”
This amendment would prevent the commencement of clauses 1 and 2 without the regulations made under this section being subject to the affirmative procedure.
This is a simple amendment that repeats the requirement suggested in other amendments for secondary legislation to be subject to the affirmative, rather than negative, procedure. I made the case this morning for the power of the affirmative procedure. As hon. Members can see, the amendment would ensure that regulations under subsection (2) could not be made unless a draft instrument were laid before Parliament and approved by a resolution of each House—that means an affirmative resolution.
I do not think we need go over the difference between an affirmative and a negative resolution and why we think affirmative resolutions are always better. Through the amendment, we simply seek to ensure that regulations made under subsection (2) are subject to the affirmative procedure. I do not think we need to detain the Committee too much further with detailed discussion. We think this is important and consider that it should be included in the Bill, to ensure that matters properly come before the House when these issues are discussed.
The Parliamentary Under-Secretary of State for Business, Energy and Industrial Strategy (Richard Harrington)
Good afternoon, everybody. I thank the hon. Gentleman for not repeating what he said about affirmative and negative procedure, because those points were well made this morning. I have sympathy, of course, with his broad aims of strengthening parliamentary scrutiny, but I argue that this is not an appropriate process to put in place. Parliament will have already passed the Bill and approved the legislation. I am confident that there are appropriate processes in place to ensure proper parliamentary scrutiny of the substantive powers in the Bill.
Clause 4 contains a commencement power. It is entirely conventional for the commencement power not to be subject to any parliamentary procedure because, as I say, it brings into force law that Parliament has already enacted. Clauses 1 and 2 contain delegated powers that must—I know “must” is one of the hon. Gentleman’s favourite words in the English language—be exercised before the UK’s new nuclear safeguards regime can be brought into effect. The regulations necessary to do so will be subject to the draft affirmative procedure. It would serve no useful purpose, in the Government’s view, to make the power to commence those delegated powers subject to the draft affirmative procedure.
I would like to reassure hon. Members that draft nuclear safeguard regulations are currently being worked on in close collaboration with the Office for Nuclear Regulation, and we will provide drafts during the passage of the legislation. The precise arrangements for the future safeguards regime and the details of the regulations will be subject to further consideration and detailed consultation with the regulator, industry and other interested parties.
Dr Whitehead
I am grateful to the Minister for mentioning that detailed regulations will be available during the Bill’s passage. Would he perhaps be more specific about that and say when those draft regulations might appear? I assume it will not be in Committee, but it should certainly be before Report.
Richard Harrington
As I said, my hope is that that will happen soon. I cannot confirm that it will be before Report, because I do not know when that will be—unless the hon. Gentleman has any information. I certainly hope that it will happen by the end of this year or very early in January, but that is allowing myself a bit of wiggle room. There is no great secret going on; we are just ensuring that all the detail and everything is in place. With that in mind, I hope that the hon. Gentleman will feel able to withdraw the amendment.
Dr Whitehead
I thank the Minister for his explanation of the circumstances under which commencement would take place, and what regulations would proceed under that. Although I am not completely convinced that it provides exactly the safeguards that we require, it does go a long way towards reassuring us on the status of the Bill, so we will not press the amendment to a vote. I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
The Parliamentary Under-Secretary of State for Business, Energy and Industrial Strategy (Richard Harrington)
I thank hon. Members for their contributions. I am particularly speechless at the shadow Minister’s widespread quotation of my right hon. Friend the Secretary of State; were he here today, I am sure he would personally thank him. The truth behind it—I was obviously making a flippant comment—is that most of us actually agree on most of the things the Secretary of State said. I would endorse them and I thank him for formally doing so. However, the Secretary of State also said—I think I am correct in saying it was in his evidence in the Select Committee—that article 50 for the main exit from the European Union and for Euratom were interleaved together and therefore we have served the article 50 notice. That was yesterday’s argument, but it was obviously something the Secretary of State was well questioned on at the time. I mention that because the hon. Members spoke of their desire to ensure that the current position remains for as long as possible, but maximum continuity, which is what we have said we are aiming for, and which was quoted by the shadow Minister, is not the same as pretending that article 50 has not been triggered. It has and we are leaving, so the debate is really about what is next rather than turning back the clock. I have said this repeatedly, and I hope everybody accepts the fact that it is our intention to have a regime as robust and as comprehensive as that provided by Euratom.
Alex Norris (Nottingham North) (Lab/Co-op)
Speaking of that collective desire, I am sure the Minister will recall Dr Golshan from the ONR saying that we will not be able to replicate those same Euratom standards on day one. Does that not make a compelling case for a transition period?
Richard Harrington
I do remember the evidence and Dr Golshan spoke also to Select Committees that I have appeared before, but she did make it clear that while she could not guarantee that we could exactly replicate, we could have a safeguards regime that was very serviceable in working very quickly towards what Euratom is. I do respect her and the institution she works for, but there is no precedent for this.
I accept the gist of what the hon. Gentleman is saying, but the same argument might be as true at the end of the transition period as it would be at the beginning of it. However, I am certain and satisfied that we can do the necessary recruitment and make the necessary agreements—which the hon. Member for Birmingham, Edgbaston mentioned in her contribution—but actually within the time period required. I am sure that if we are not able to do that, I will be hauled before the Select Committee, the Chamber and everything else, and quite rightly. It is the job of Government to make decisions and it is our full intention and belief that we will be able to achieve that. I accept the fact that there is no precedent; I accept that people are entitled to their expert opinions. I do not at all deny that she said it, because I was here and it is on the record, and anyway I respect her too much to say that she is not correct in her view. I suppose I can say that, not being an expert, but my colleagues at the Department for Business, Energy and Industrial Strategy spend a lot of time with all her colleagues, and it is our job to ensure that it does happen.
Richard Harrington
I hope I can help the hon. Gentleman in his quest to answer his grandchildren’s questions about what he did during Brexit and the great time when we were leaving Europe and so on. We all hope that for ourselves and our grandchildren. I completely understand the sentiments behind his new clause, which is reasoned and well argued. I intend to consider it carefully, and will come on to that in a moment.
For the record, new clause 4 seeks to require quarterly updates detailing the progress towards the conclusion of “relevant international agreements”, which is a defined term set out in the Bill. As he said, it means an agreement, whether ratified or not, to which the United Kingdom is a party, which relates to nuclear safeguards and is specified in regulations made by the Secretary of State. I appreciate the objective of the new clause is for hon. Members, both on the Committee and generally within the House, to receive frequent updates on the status of international negotiations in this area. I will begin providing an immediate update on our international agreements relating to safeguards.
The hon. Gentleman said that he had been briefed informally, hopefully by me and others as part of general communications, but I would like to place it on record that the UK has begun formal negotiations with the IAEA on the future voluntary agreements for the application of civil nuclear safeguards in the UK, so that they are ready to be put in place by the time of our withdrawal from Euratom. We are seeking to conclude a new voluntary offer agreement and a new additional protocol on a bilateral basis with the agency. Our intention is that those agreements should follow exactly the same principles as the current ones. The discussions that began last September have been constructive and fruitful, and substantial progress has been made. I fully expect that the new agreements will be put to the IAEA board of governors for ratification in 2018. They will be subject to the usual ratification procedures, including parliamentary consideration.
As hon. Members will be aware, our aim is to maintain our mutually successful civil nuclear co-operation with the rest of the world, and we are working to ensure that arrangements are in place to allow that. Where action is required to ensure that civil nuclear trade and co-operation with non-European partners are not disrupted by our exit from Euratom, the Government are already entering into negotiations to ensure that nuclear co-operation agreements will be in place. Our team are in negotiations with key partners such as the USA, Canada, Australia and Japan. I met Ministers from those countries in Paris last week. The UK has a range of bilateral nuclear co-operation agreements in place with several countries, and we expect those to continue. The work highlights our commitment to ensuring that all arrangements are in place to allow our mutually successful civil nuclear co-operation to continue.
Turning to the specific requirements imposed by new clause 4, as I said, although I appreciate the sentiments behind the clause, I cannot agree to the proposal. As I have just explained, “relevant international agreement” is a defined term referring to agreements already negotiated, and the specification of an agreement as a relevant international agreement is subject to a clear and open process. I fully appreciate the important role that parliamentary scrutiny plays. We have been and will continue to be open and honest with Parliament about ongoing negotiations.
Negotiations on international agreements relating to safeguards are progressing well, and the intention is to present those agreements to Parliament before ratification, before the UK’s withdrawal from Euratom, so that they will come into force immediately on our exit. Incidentally —as I know you will be aware, Mr Gray—international treaties are already subject to the ratification processes laid out in the Constitutional Reform and Governance Act 2010.
The Chair
Richard Harrington
Thank you, Mr Gray. I note that, in accordance with provisions in the Bill, an international agreement may be defined as a relevant international agreement for the purpose of Bill only if the Secretary of State specifies that agreement in regulations. The Bill provides that such regulations will always be subject to the draft affirmative procedure, providing the opportunity for parliamentary scrutiny of whether an agreement should be a relevant international agreements as defined by the Bill.
As I have established, relevant international agreements are already subject to an open and transparent process. My fear is that imposing an additional reporting requirement would provide little added value and might hinder negotiations, which I know the hon. Gentleman would not want. Indeed, requiring such frequent updates on negotiations could risk weakening our position and might compromise our ability to build rapport and trust with our negotiating partners. I am concerned that that should not happen, but I recognise fully the importance of transparency and the need for Parliament to be able to provide input into the negotiations, so I am sympathetic to the sentiment underpinning the new clause. If the hon. Gentleman is prepared not to press this to a vote—in fact, even if he does—I would like to give the matter some further thought, because I think I can come up with a proposal that strikes the right balance and maximises the transparency that he wants and that I am not afraid of at all. I do not want to impede the progress of these time-sensitive and vital negotiations, which of course involve other parties.
Dr Whitehead
I thank the Minister for giving a constructive response to the new clause without going quite as far as saying that he agrees with it. I hope that he will be able to come up with something that, while not necessarily this proposal, maximises the transparency of the process. We are not only talking about the outcome and a report of the outcome that will come to Parliament. Because of the unique circumstances in which we are legislating while the treaty is being discussed and legislating for something that is quite central to that treaty coming about, it is important we have transparency on the journey as well as the conclusion. If the Minister can work out a device that allows that to happen, which I think he indicated he wishes to think about seriously, we would be happy not to press this. I beg to ask leave to withdraw the motion.
Clause, by leave, withdrawn.
New Clause 5
International agreements: devolved authorities
“(1) The Secretary of State must consult the persons or bodies listed in subsection (2) before concluding—
(a) a relevant international agreement, or
(b) any agreement with EU Member States relating to nuclear safeguarding.
(2) The persons or bodies are—
(a) Scottish Ministers,
(b) Welsh Ministers, and
(c) a Northern Ireland devolved authority.”—(Drew Hendry.)
Brought up, and read the First time.
Richard Harrington
I thank the hon. Gentleman for contributing new clause 5. It might surprise him that although I cannot accept what he asks for, I have a proposal for him and the Committee to consider. The new clause addresses the issue of consultation with the devolved Administrations on new international agreements relating to nuclear safeguards. As hon. Members will be aware, the UK Government are responsible for negotiating and signing these international treaties. The ratification of treaties is subject to the Act I mentioned before, the Constitutional Reform and Governance Act 2010, which requires them to be laid before Parliament.
The Government have the power to conclude international treaties under prerogative powers but cannot automatically change domestic law or rights and cannot make major changes to constitutional arrangements without parliamentary authority. That will remain the case for international agreements relating to safeguards that are currently under negotiation, such as the new nuclear co-operation agreements with the US, Canada, Japan, Australia and so on that we have mentioned, and the agreements with the IAEA.
The measures put forward in the hon. Gentleman’s new clause would be a significant departure from the usual position—I know he knows that; it is why he proposed it and it is the policy of his party—and I do not consider it appropriate to accept them. As I said, nuclear safeguards are not a devolved matter, but I nevertheless reassure hon. Members that the Bill already ensures an appropriate level of transparency and scrutiny in respect of international agreements relating to nuclear safeguards, which I have been through before.
New clause 5 refers to “relevant international agreements”, which is a defined term as set out in the Bill. The existing drafting of Bill allows for the inclusion of any relevant international agreements as designated by the Secretary of State, so it is unnecessary to detail individual agreements in the Bill. While I appreciate the sentiment of the new clause, the role of relevant international agreements is already subject to a clear and open process under the Bill. I have explained that before and I do not intend to repeat it all again, unless any members of the Committee wish me to. It is a clear and open process.
On the specific focus of the new clause—consultation with the devolved Administrations, which I know is the hon. Gentleman’s main interest—it appears to require formal consultation with the devolved Administrations prior to our concluding international agreements relating to nuclear safeguards or any agreement with EU member states relating to nuclear safeguards. As I am sure hon. Members are aware, the Bill extends to and applies to England, Wales, Scotland and Northern Ireland, and in the case of amendments, to the same extent as the provision amended.
As I have said, nuclear safeguards are not a devolved matter. Despite the responsibility legally being the UK Government’s, I hope that our general approach of having an open and transparent process, which is evolving, would be described as reassuring. The Government are acutely aware of the value of consultation in developing this new regulatory regime—obviously with the ONR, but also with the industry generally and formally and informally with parliamentary colleagues. As I have explained before, the nuclear safeguards regime regulations will be subject to detailed consultations with the regulator and industry. Industry stakeholders across the UK, which of course includes Scotland, Wales and Northern Ireland, will be widely encouraged to take part in that consultation. The outcome of the consultation will then be made public, in line with the Government’s general policy on consultations.
The public consultation on the draft regulations will not be the first or only opportunity for stakeholders to be made aware of our intentions, and it will not be their only opportunity to provide the Government with their views. We have had detailed discussions with the nuclear industry since the referendum, and we will continue to work closely with it and other stakeholders when taking the development of the new regime forward, including the development of regulations. My officials have already been in discussions with colleagues from across the devolved Administrations and the relevant environment agencies, such as the Scottish Environment Protection Agency, Natural Resources Wales and so on, to ensure effective collaborations on key Euratom-related policy areas—including the domestic nuclear safeguards regime—and will continue to do so.
I have been clear that the relevant international agreements will be subject to a clear, open and transparent process involving a high degree of consideration, scrutiny and external engagement. However, I do appreciate the concern behind new clause 5, which is why I already committed to the hon. Member for North Ayrshire and Arran to address her query on consultation with the Scottish Government by writing to her on the subject. I would therefore propose instead, if it will be satisfactory to the hon. Member for Inverness, Nairn, Badenoch and Strathspey, to write directly to Scottish Ministers, Welsh Ministers and the Northern Ireland devolved authority on the subject for consultation. In the light of these explanations, I hope the hon. Gentleman feels able to withdraw his amendment.
Drew Hendry
I thank the Minister for his attempts at reassurance. I know that the Minister is genuinely trying to concede some ground and I appreciate that. However, his attempts at reassurance do not really hit the mark. There should be negotiations with the Scottish Government and the other devolved authorities in the light of the devolved responsibilities. It just is not good enough that after the deal is done a consolation might be undertaken with Ministers. That is not the way that this should happen at all. There are significant impacts on the nuclear industry and those devolved responsibilities.
Question put, That the clause be read a Second time.
Richard Harrington
On a point of order, Mr Gray—it is the first point of order I have ever raised. I want to thank you as Chair, and Mr McCabe, who is not here today. I would like to thank the Clerks. I would like to thank hon. Members on both sides of the Committee for their patience, time and valuable contributions. I look forward to seeing the Bill progress in terms of the discussions we shall have before Report and then on Report and beyond. I hope the Bill’s progress continues to be characterised by the spirit of co-operation and conciliation that we have enjoyed. I particularly thank the shadow Minister for that, but also everybody else who contributed.
Dr Whitehead
On a point of order, Mr Gray. I join the Minister in thanking you for your exemplary chairing of our sessions. [Hon. Members: “Hear, hear.”] I thank Mr McCabe, too, for his assistance with chairing.
I would also like to thank all Committee members for the constructive and helpful way that we managed to proceed. We had our disagreements. We put those squarely in the open and discussed them, and as a result of those discussions we had a number of exchanges that look to be constructive for the future. I am grateful for the spirit in which Committee stage has been conducted, and I look forward to Report and to the stages that follow with some optimism for the Bill. I am pleased to have taken part in such a constructive endeavour on all our parts.