15 Lord Carlile of Berriew debates involving the Department for Business, Energy and Industrial Strategy

Thu 22nd Feb 2018
Nuclear Safeguards Bill
Lords Chamber

Committee: 1st sitting (Hansard): House of Lords
Thu 22nd Feb 2018
Nuclear Safeguards Bill
Lords Chamber

Committee: 1st sitting (Hansard - continued): House of Lords
Wed 7th Feb 2018
Wed 7th Feb 2018
Nuclear Safeguards Bill
Lords Chamber

2nd reading (Hansard): House of Lords

Retail Trade: Online Suppliers

Lord Carlile of Berriew Excerpts
Wednesday 28th February 2018

(6 years, 2 months ago)

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Lord Henley Portrait Lord Henley
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My Lords, It is a matter for the CMA to look at these matters. As I said in my original Answer, it has the power to look at that. With regard to some of the aspects of taxation, I believe that Her Majesty’s Government have led the way on this issue internationally. HMRC continues to work with the online marketplaces to ensure effective action against sellers who are, for example, breaking United Kingdom VAT rules and to prevent new non-compliant sellers joining the market. We believe all those multinationals in that world ought to be paying the taxes due and we will not settle for anything less. Other than that, I think my noble friend should accept that many of the changes that are happening in the marketplace are being driven by what the consumer wants, and our job is to ensure that the marketplace can adapt to that.

Lord Carlile of Berriew Portrait Lord Carlile of Berriew (CB)
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Does the Minister consider it acceptable that a company that delivers its goods from a warehouse in the UK to a customer in the UK but has its headquarters in, for example, the Channel Islands should pay less VAT than a company that delivers its goods from the UK to the UK and has its headquarters in the UK? That is what is happening.

Lord Henley Portrait Lord Henley
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I do not think I can take the noble Lord much further than I have at the moment. Colleagues in the Treasury and in Revenue & Customs are aware of some of these problems and are looking at them, and he will be aware of commitments that were made in our manifesto. I cannot take it much farther than that.

Nuclear Safeguards Bill

Lord Carlile of Berriew Excerpts
Committee: 1st sitting (Hansard): House of Lords
Thursday 22nd February 2018

(6 years, 2 months ago)

Lords Chamber
Read Full debate Nuclear Safeguards Act 2018 View all Nuclear Safeguards Act 2018 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: HL Bill 81-I Marshalled list for Committee (PDF, 86KB) - (20 Feb 2018)
Lord Teverson Portrait Lord Teverson
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My Lords, I think we should allow the noble Viscount to sit down, and remind ourselves that he is not the Minister. To go back to something that the noble Lord, Lord Warner, said, in a way, none of the amendments in this group is perfect. Why are they not perfect? It is because we have given our notice to withdraw from Euratom, yet we all know that that was not the greatest thing to do. So we are now trying to claw our way back to the status quo, having given notification under Article 106a of the Euratom treaty. We are trying to find a way to get back to where we want to be, but we are not allowed to withdraw our notification under the treaty. We certainly cannot within the scope of this Bill, but perhaps under the EU withdrawal Bill there is more scope. Who knows? It does not seem so long ago that we were debating that.

I presume the Minister will confirm that we do want to achieve Euratom standards, not bargain-basement, superstore value in terms of just the IAEA standards, although those are important. Can the Minister confirm that a transitional agreement is possible and would work, and that the EU 27 are up for this? Certainly in the publication on transitional arrangements, which was published last month, Euratom is a footnote on a couple of occasions, so I presume that it is in the mix in terms of the continuing acquis during the transition period.

What concerns me most about this is the need—as the noble Viscount has said, and he is quite right—to avoid this rather more precipitous cliff edge than there is even in the other areas of transitional commercial arrangements. When the break from the treaty happens, are we certain that the International Atomic Energy Agency would be prepared to have Euratom act as our safeguarding authority during a transitional period even though we are not legally a member of Euratom? That is a fundamental question. An answer would provide a lot more clarity and perhaps enable us to come back on Report with a suitable amendment which might actually work. We are not in a position to do that at the moment because we do not have that information.

Lord Carlile of Berriew Portrait Lord Carlile of Berriew (CB)
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My Lords, after the excellent introduction by the noble Baroness, Lady Featherstone, and the excellent speech by the noble Lord, Lord Warner, I listened with great attention to what was said by the noble Viscount. My conclusion, after he sat down, was that I should take a deep breath, count to three and then try to analyse where we are up to in this debate. My conclusions are: first, we have at the moment a very satisfactory set of standards; secondly, what we are offered as an alternative is a set of good intentions. We know about good intentions; they do not always lead to good standards, or even any standards being adopted at all. I say to the Minister that what persuades those of us who are taking part in this important debate, and who took part in yesterday’s analogous debates, is real anxiety about the standards this country will have in the future, and about whether we will be recognised as coming up to world standards in relation to nuclear safeguards. It was partly with that in mind that I went to look at the EU exit analysis papers at 100 Parliament Street the day before yesterday, which were referred to extensively in the night shift before we signed up to today’s morning shift. I looked in those papers for a single sentence or word about the future of nuclear safety and Euratom. I was only there for three-quarters of an hour so I only had time to read the documents twice, but I do not recall, and did not note, a single word on this issue. It worries me that it was not there because this is a key issue that should have been addressed in the advice given to Ministers, which is what those papers really are.

Therefore, I repeat a question I asked of the Minister’s colleague last night: how many meetings have so far taken place on this issue with European negotiating counterparts? Can we be given a number please? Next question: how many meetings of that kind have taken place on this issue with counterparts in the IAEA? Please can we have numbers because they will give us at least an indication of how far down the road we are towards turning the good intentions into a set of future standards? I am not wholly opposed to leaving Euratom: we may be able to do at least as well or better under other arrangements, but we have to do at least as well or better, otherwise we will serve the country ill.

Lord Hutton of Furness Portrait Lord Hutton of Furness (Lab)
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I will intervene very briefly to express my support for the amendments that my noble friend Lord Warner has tabled, and the spirit behind the amendments that the noble Baroness, Lady Featherstone, has tabled.

We have analysed this problem pretty astutely and know exactly where we are. I declare an interest as chairman of the Nuclear Industry Association. The industry wants to avoid the cataclysmic consequence of exiting the European Union in March 2019 without an effective arrangement in place that will oversee nuclear safeguards in the UK. It is impossible to exaggerate the significance of getting to that point. If that is where we get to and there are no arrangements in place with Euratom at that point, I think, as the noble Viscount and others said, that it is highly unlikely that we will have a compliant safeguarding regime applying to the United Kingdom civil nuclear industry. That would be a terrible event, and I cannot exaggerate the significance or consequence of that.

My understanding, therefore, is that it is the Government’s policy to try to reach an association agreement with Euratom that will cover this transitional period of at least two years. That, I believe, is absolutely essential—because, as the noble Viscount and the noble Lord, Lord Teverson, made clear, we will not be in a position to operate an independent UK arrangement that meets international standards by March 2019. The Minister may well correct me and tell me that I am wrong about that, but I think that it is highly improbable. So it seems to me that the issue behind all these amendments is essentially one of timing. If it is the Government’s stated intention to reach an association agreement with Euratom to preserve the existing internationally recognised arrangements that apply to the UK, it is very hard to imagine why we will need this Bill to be implemented at all. If it is possible to reach an agreement under Article 206, I think, of the Euratom treaty, which specifically refers to reciprocal rights and obligations, it is certainly broad enough as a treaty provision—as I believe, the industry believes and our advisers believe—to cover the full spectrum of safeguarding arrangements covered by the Euratom treaty and we will not need the ONR to be given these new additional powers. If we can reach an agreement for a transitional period, I do not understand why that transitional arrangement cannot continue for longer, specifically in this regard in relation to the civil nuclear industry.

Nuclear Safeguards Bill

Lord Carlile of Berriew Excerpts
Committee: 1st sitting (Hansard - continued): House of Lords
Thursday 22nd February 2018

(6 years, 2 months ago)

Lords Chamber
Read Full debate Nuclear Safeguards Act 2018 View all Nuclear Safeguards Act 2018 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: HL Bill 81-I Marshalled list for Committee (PDF, 86KB) - (20 Feb 2018)
I do not want to go in to bat like Ken Barrington or Geoff Boycott on the wording of this amendment, but I do want to know what the Government’s intentions are. On that basis, I beg to move.
Lord Carlile of Berriew Portrait Lord Carlile of Berriew (CB)
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My Lords, I would like to speak to Amendments 14 and 15 tabled in my name, and in particular to the proposed new clause set out in Amendment 14. I would never insult the Minister by accusing him of being overly sensitive; nevertheless, he will have realised that there is a great deal of genuine concern about what is going to be delivered in relation to Euratom on 29 March 2019. I support what the noble Lord, Lord Warner, just said, which was in the same vein.

My suggested new clause would require the Government to answer certain criteria by that date. The criteria are set out clearly and they have been shown, in the debates on this Bill and on the withdrawal Bill yesterday, to be the ones that cause concern around the House and which the Minister has heard repeated time and again. In debating terms, this has basically been a one-horse race in relation to concern about Euratom.

Yesterday—and I will not repeat them—I cited some answers that had helpfully been supplied by the Minister to questions raised by the Society for Radiological Protection and by me as a result of that society’s representations. What was clear from those answers was that the Government do not know what will be delivered or when. This afternoon, I will cite another piece of evidence that draws the same conclusions. On 12 February, just over a week ago, there was a meeting between 10 officials—nine from the Department for Business, Energy and Industrial Strategy, one from Public Health England and the two senior relevant officers of the Society for Radiological Protection. I have in my hand a record of that meeting, which I feel sure is accurate.

In that meeting, there was what was described as a “Euratom exit update”. One of the officials, who was clearly a senior and responsible official—it is invidious to name officials, so I will not name him or her—noted that the Nuclear Safeguards Bill is currently going through the House of Lords. The official noted that,

“at current there has been minimal industry engagement, due to the short timescales to pass the bill. However”—

the official—

“did note that the bill is a skeleton, and more detailed consultation with industry and professional bodies would take place as the regulations are developed”.

All I am asking for, in my new clause suggested in Amendment 14, is the key to the skeleton or the cupboard where the skeleton is kept.

The official noted that,

“discussions are going well internationally”,

which is very welcome,

“with progress being made on bi-lateral agreements with the US, Australia, Canada and Japan”.

We would certainly like to know more about that. The official then explained—and this is very important—that,

“as part of the EU exit process they”—

the 10 officials—

“are unable to pursue agreements with the various EU countries”—

I think “pursue” means seek—

“till the exit process is complete”.

If that is right, it is extremely worrying. I am sure that the Minister can be supplied with a copy of the minutes of that meeting.

It was also noted that,

“there have been wider EU civil nuclear issues around legal ownership of fissile material and radioactive waste”.

Contained in that single sentence is a host of problems that will have to be unravelled in great detail if there is to be proper nuclear safeguarding.

Having read those notes, with the welcome support of the noble Lord, Lord Fox, I tabled Amendment 14. It requires the Secretary of State to publish a report setting out the answers to all these questions before 29 March 2019. It requires the making of,

“regulations providing for the implementation of any agreements covered”,

by the clause and a statutory instrument which should be approved by each House of Parliament.

There is an evidence base for the kind of quality assurance that any responsible Government would demand of any contractor to which they were letting a contract. As a Parliament, we are entitled to demand, respectfully but necessarily, a similar level of quality control for the Government before we lose the legislative opportunities available to us and throw this enormously important issue to the wolves—or to a skeleton.

Lord Teverson Portrait Lord Teverson
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My Lords, I will speak to my Amendment 9. One of the things I have tried to do in this amendment—I could not do it completely satisfactorily because of where we are in the Bill—is to ask what are the key things we need in place before it is safe and practical for us to leave Euratom and the system we have. There were three specific areas that we needed to cross that finishing line before we entered out into this brave new world. They are listed and they are very clear.

The first is that we should have an agreement from the International Atomic Energy Agency that our safeguarding procedures and the body that we are talking about in the Bill are approved. We need that; without it, we are unable to move forward. Secondly, because we are one of the few nuclear weapon states in the world, we need a voluntary offer agreement with the IAEA that relates to our new status outside Euratom. Thirdly and very practically—we have had a description of the difficulties around this—we need active nuclear co-operation agreements that have been confirmed or agreed by the other side. Whether we can get grandfathering rights on them is very difficult in some instances—the one with the United States has been particularly highlighted in that degree—but we also need to have those in place for those nations where we have active nuclear trading of the type of products listed in the schedules of the Euratom treaty and under the international agreements of the IAEA.

The difficulty in drafting this amendment was that if we do not have these in place, what do we do? My solution to that was very simple: that we should seek temporarily—as the Minister said, we have already gone through the process of agreeing withdrawal from Euratom, rightly or wrongly—to withdraw the notice under Article 106a until we have those three areas of agreement in place and we can be certain that we can go ahead. It is my opinion that we can do that ourselves unilaterally. More certainly we would need to get the agreement of the 27 other member states. That would clearly be the right answer, in that we would continue to be a member until we had those in place.

I was unable to put that in the amendment because it was out of the scope of the Bill, apparently, so I have looked to move on. What we would have to do here is, effectively, to have a transition period. On that, I come back to my question to the Minister that I raised in the first grouping of amendments: do we know that there will be a transition period with Euratom, the negotiation on which, as I see it, is going ahead and will have to be agreed or not on 22 March—it is only a month away—and that we can indeed somehow satisfactorily subcontract all these responsibilities to Euratom and to the international agencies should one of these vital areas go wrong? That is an entirely reasonable question for which I would expect us to have a workable strategy to avoid that cliff edge, if that should happen for all sorts of reasons that, quite clearly, are not totally in the Government’s control. From that point of view we need contingency and to understand the route map if those three areas are not fulfilled. I look forward to the Minister’s response on them.

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Baroness Vere of Norbiton Portrait Baroness Vere of Norbiton
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I thank both noble Lords for their interventions. I will make a little progress because I think I will be able to make them both a little happier—although I am fairly sure that I will not get all the way.

I recognise the importance of providing Parliament with clarity on our future relationship with Euratom. The Written Ministerial Statement of 11 January includes a commitment to provide quarterly updates on progress.

I turn now to Amendment 9, in the name of the noble Lord, Lord Teverson, which would require the Secretary of State to seek a transition period in the event that the UK is unable to secure new international agreements with the IAEA and nuclear co-operation agreements—or NCAs—with key third parties by 1 March 2019. I will address NCAs first. It may be helpful for me to set out that the UK does not itself have any requirement for NCAs to be in place for trade in nuclear-related items to continue—but some of our key trading partners do. In the US it is a legal requirement; in Japan, Canada and Australia it is a very strong policy commitment. That is why those four NCAs are our priority. It is quite right to stress how important this is: an NCA must be in place before such trade with these countries can take place. Each of these four countries recognises the importance of putting in place bilateral NCAs to ensure uninterrupted co-operation and trade in the civil nuclear sector, following the UK’s withdrawal from Euratom.

There are also a number of countries, in addition to the four priority ones, with which we wish to discuss our ongoing nuclear co-operation to ensure that appropriate arrangements are in place to allow continuity of trade. But in those cases—

Lord Carlile of Berriew Portrait Lord Carlile of Berriew
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I am grateful to the Minister for giving way. I suspect that she is now on paragraph 15, but she is not answering this debate, which is about whether Her Majesty’s Government are prepared to provide specified information to Parliament on certain criteria. What she is telling us would all be very interesting if we had not heard it many times before, but it is a dissertation on the roles of different organisations. Can we please have an answer to this debate? It is 4.32 pm on a Thursday and I would have thought that it could be answered in a few paragraphs—maybe numbers 47 to 50.

Lord Teverson Portrait Lord Teverson
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I was happy with the answer that the Minister was giving about NCAs.

Taylor Review

Lord Carlile of Berriew Excerpts
Wednesday 7th February 2018

(6 years, 3 months ago)

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Lord Henley Portrait Lord Henley
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The right reverend Prelate makes a very good point—some people do have problems with access to computers and such matters. I know that considerable work has been done on these matters in the Department for Work and Pensions, particularly in relation to universal credit and other benefits. I think that the department finds that most people can manage but I will certainly have a further look at what the right reverend Prelate has said and, if there is anything further that I can add, I will write to him.

Lord Carlile of Berriew Portrait Lord Carlile of Berriew (CB)
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As welcome as the Taylor report is, will the noble Lord, as a fellow member of the legal profession, bear in mind that in that profession and in a number of others there are a large number of very successful limited liability partnerships, the members of which are self-employed and treated as self-employed by the Revenue? Those arrangements are often to the distinct advantage of the professional people concerned—men and women. Will the Government ensure that beneficial limited liability partnerships, which bring a great deal of money into the economy, are not affected by these proposals?

Lord Henley Portrait Lord Henley
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The noble Lord does me the honour of claiming that I am a member of the legal profession. I suppose that I am legally qualified but I do not think that I could put myself at quite the same level as the noble Lord. However, he raises a very sensible point and it is one that I will certainly want to look at. As I remember my employment law, the important point is that whether you are employed or self-employed should not be a matter for the individual to decide; it is, as it used to be, a matter of fact and degree. I hope that whatever changes we make—particularly changes to limited liability partnerships and those working in them—do not affect that, but I will certainly make sure that the noble Lord’s point is taken on board.

Nuclear Safeguards Bill

Lord Carlile of Berriew Excerpts
Lord Henley Portrait Lord Henley
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My Lords, Euratom consists of the 28 members of the EU and no others. There are two countries which have some sort of associate membership, but that would not be appropriate for us. Being members of EFTA would not do that. The noble Lord will have to accept that we are leaving Euratom. That is the case and we therefore need to make provisions. If the noble Lord will bear with me, I will now tell him about the Bill.

Clause 1 will amend the Energy Act 2013 to replace the Office for Nuclear Regulation’s existing nuclear safeguards purposes with new nuclear safeguards purposes which reflect the nature of the new regime. The ONR will reflect the new nuclear safeguards regime primarily using its existing relevant functions and powers. Clause 1 will also amend the Act by inserting new powers so we can set out in regulations the detail of the domestic safeguards regime, such as accounting, reporting, control and inspection arrangements.

Clause 2 will create a limited power—I stress limited power—enabling consequential amendments to be made to the Nuclear Safeguards and Electricity (Finance) Act 1978, the Nuclear Safeguards Act 2000, and the Nuclear Safeguards (Notification) Regulations 2004. It is a very narrow power that will mean that references in that legislation to existing agreements with the IAEA can be updated once international agreements have been reached.

In addition, in January we published two sets of pre-consultation draft regulations to support consideration of the powers in the Bill, on which we have been working closely with the ONR. The Government are committed to an open and transparent approach as they continue to develop these regulations, which set out the detail of the domestic civil nuclear safeguards regime. We expect these draft regulations to continue to evolve in response to comments from and consideration by noble Lords and other stakeholders. To that end, the department is planning a series of stakeholder events and workshops in addition to the public consultation on the regulations, which we intend to take place later in the year. The drafts we eventually consult on will, of course, in certain respects differ from the working drafts that we have provided for the benefit of Parliament.

I now turn to one final issue that is not strictly relevant to the subject of the Bill but has been raised in another place and in meetings that I and others have had with noble Lords. It is the question of medical radioisotopes. I appreciate that the noble Lord, Lord Hunt of Kings Heath, has tabled an amendment to the EU withdrawal Bill on this very issue. It might be that that would be a better place to discuss these matters in due course rather than here. I could not possibly comment on what might be the appropriate Bill, other than to say that I do not think that it is, strictly speaking, relevant to this Bill, but because of the concerns that been expressed on this issue, it would be right for me to make a few points and give assurances to the House that the supply of medical radioisotopes is, and will continue to be, a very high priority for the Government. We share that concern about the well-being of patients receiving such treatment that results from being able to import such materials in good time, bearing in mind the relatively short lives that medical radioisotopes have.

We have made it clear that Euratom currently does not place any restrictions on the export of medical radioisotopes to countries outside the European Union. As they are not classified as special fissile material they are not subject to the international safeguards regime or to the approval of the Euratom Supply Agency, which governs the supply of special fissile materials. Although its role does not extend to ensuring the supply of medical radioisotopes, the Euratom Supply Agency established in response to the last shortage crisis in 2012 the European Observatory on the Supply of Medical Radioisotopes. The observatory aims to consolidate and share information between the EU, European Union member states, international partners, the medical community and industry stakeholders on supply, but crucially it does not have a decision-making or executive role in responding to shortages.

However, the Government recognise the concerns that changes to our customs arrangements after our withdrawal from the European Union could potentially affect the timely supply of medical radioisotopes. Therefore I offer an assurance to the noble Lord, Lord Hunt, and other noble Lords who have raised this point that the Government are committed to minimising any impact such changes might have. I have had meetings with counterparts in the Department of Health and Social Care and Her Majesty’s Treasury to step up our work in this area. We are working across government to prepare domestically and to negotiate a future customs arrangement with the European Union that ensures cross-border trade in this area is as frictionless as possible.

Lord Carlile of Berriew Portrait Lord Carlile of Berriew (CB)
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I am grateful to the noble Lord for what he has just said, but are we to take it that the sentence in the factsheet on the Bill that was given to your Lordships’ House at some very useful meetings still applies in relation to radioisotopes:

“This will be part of the broader negotiations of the UK’s future with the EU”?


If so, will he tell us what that means?

Lord Henley Portrait Lord Henley
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My Lords, it is exactly the same as what I have said—as part of our broader negotiations we will obviously want to ensure that, in the words I think I used, a future customs arrangement with the European Union is as frictionless as possible. We understand the importance of these matters. It is as frictionless as it can be at the moment; we want to make sure that that continues. I do not believe that it is strictly relevant to the Bill but it was important to bring the matter up. I am very grateful to the noble Lord, Lord Hunt, for tabling an amendment, which will be discussed, to another Bill, but I want to give assurances that the Government are doing everything we can to make sure that such imports are frictionless, just as their export from Europe will be frictionless and just as they are frictionless in their export from Europe to non-EU countries at the moment. It is a matter of giving assurances as to what the Government can do and I hope that that will help to reassure noble Lords.

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Lord Carlile of Berriew Portrait Lord Carlile of Berriew
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My Lords, given that I intend to address my remarks to the issue of medical isotopes, I am grateful to the Minister for talking about it so fully in his introduction to the debate. Like all your Lordships, I trust implicitly his integrity and intentions; that goes without saying. However, I have some misgivings about the lexicon that he has been given, which led to his using particular words in his opening remarks. Having said that, I express my thanks to him, to his colleague in the other place and to the Bill team, which has worked hard to inform noble Lords about the Bill.

I have heard more often than I can remember—it is merely a mantra—that this Bill is about nuclear safeguards, not nuclear safety. If you say it often enough you may well come to believe it, but I suspect that we would all believe something quite different when we did so. I understand the reason for that distinction: it is entirely political, of course, because it gives the Government the excuse for leaving a significant section of the industry out of the Bill. I am afraid that it is no more than a semantic explanation, and I am sure that the distinction would be totally lost on the broader public. For example, if significant detriment were caused to staff and patients because of a problem with radio- pharmaceuticals brought into a hospital from a European Union country, I doubt that the distinction that we have been given would be regarded as mitigation in the public inquiry that would ensue following such an accident. Concern, which I share, has been expressed strongly among professionals, including the Society for Radiological Protection—the SRP—of which I have the honour to be patron. It says that the supply of imported radiopharmaceuticals is implicitly part of the Euratom arrangements that have been reached over years, as I shall explain.

I am advised that the isotopes used for the treatment of cancer are not produced in the UK at present. That means that we rely on imports from the European Union and elsewhere. I think that the Minister mentioned South Africa. My understanding is that the supply from South Africa is currently not available because of safety issues there, although supplies are being brought in from Australia and America, as well as from the EU. However, the important point is that those products have a half-life of around three days. As your Lordships will know, that means that the effective radioactivity in the product falls by a half in about three days. As a consequence, the intended effectiveness of the medication is reduced and indeed in many cases destroyed.

The industry believes—and I support it—that the continued availability of such medical isotopes in the best condition should be encompassed in this Bill. It is just not good enough to say that this will be part of the broader negotiations about the UK’s future relationship with the European Union. That is uncertainty on toast and it is not acceptable. Although the Minister has said—I have heard this in meetings—that this issue has nothing to do with the Bill before us, I am told, and accept, that it does. For example, a shipment of isotopes falls within Council Regulation (Euratom) No. 1493/93 as amended—it is still in force as amended. This regulation is designed to safeguard health workers and the general public against ionising radiation, and that is stated as its purpose in the recital of the regulation.

Although that regulation recognises the removal of border controls within the EU, in order to protect the public, including those who receive medical isotopes, it provides a notification system. Not only has it become a safeguarding system but it is a system that has been used to ensure the regular and steady supply of fresh medical isotopes. It provides for the safe and speedy transfer of the products concerned. It involves so-called “competent authorities” in each country—in the UK the main authority is the Office for Nuclear Regulation—which devolve responsibilities to others, such as the Environment Agency, and, importantly, its counterparts in Scotland and Wales. There is a devolution issue here too, although that seems to have been overlooked.

The Government say that this part of Euratom’s statutory activity can be consigned to those later and general negotiations about the transfer of goods and services between the UK and the EU—the same category as applies to, for example, the importation of processed croques-monsieur into the United Kingdom. I do not accept that; it is much too important. That promise—if it be a promise—provides no assurance whatever for continuity. Indeed, it raises the prospect of UK patients, if they can afford it, having to travel for this kind of treatment to France and Germany, where such isotopes are manufactured. I suppose that it also provides the insurance industry with a potential bonanza, cashing in on a new form of insurance that enables those who take private medical insurance to buy treatment in countries abroad as part of their policy.

Major suppliers of radiopharmaceuticals in the European Union have confirmed that the current arrangements, which are made, so they tell us via Euratom, ensure the timely supply of material from the point of manufacture to patients in the UK. That includes such urgency that the product can be delivered and then reporting arrangements can be used retrospectively in cases of urgency. It is a very important part of medical treatment.

There is also the issue of resilience of supply of medical isotopes. The UK, due to the work of the European observatory, is in a better position to be able to rely on a fair share of radiopharmaceuticals from Europe without fear of loss of supply. But the continuation of these advantageous arrangements—they benefit hospitals such as the Royal Free, University College Hospital, London and other places where important cancer treatments are carried out or clinical trials are being performed—is critical for such places, given that we manufacture none in the UK and suppliers in South Africa, as I said earlier, and also in Canada have major production issues.

There are issues that worry the industry around three other matters. First, the potential uncertainty of UK participation in future Euratom research projects that engage British academics and others will either reduce UK-based expertise or, worse, drive most nuclear physicists to go and work in other countries. Secondly, there is the designation of professionals as medical physicists. The recognised standards entitling scientists to be designated as medical physicists are arranged under the umbrella of Euratom, with a requirement for all relevant clinics to employ such a person. Thirdly, standard designations apply to medical isotopes just as they apply to any other goods. Those are currently agreed on an EU basis, which is based on conversations within Euratom.

There is an overwhelming case for provision in the Bill for the medical isotope matters to be the subject of assurance for the future. They should be included, and I look forward to debates in Committee on that subject.