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a year, involving 10,000 people in the United Kingdom, depend on these products, yet we hear that they are going to be withdrawn and taken away, or that they will be held at the ports.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.

Nuclear Safeguards Bill

Rachel Reeves Excerpts

3rd reading: House of Commons & Report stage: House of Commons
Tuesday 23rd January 2018 Commons Chamber

[Trudy Harrison]

That is exactly my point. This is about certainty and getting on with the job. Not having the Bill in place would be absolutely catastrophic for my constituency and the whole county of Cumbria.

[Rachel Reeves (Leeds West) (Lab)]

I know that the hon. Lady cares hugely about this issue, because it matters a great deal for her constituency. She and I have been in meetings with the Office for Nuclear Regulation, in which it has said very clearly that it will not be able to meet Euratom standards for safety inspections by March 2019. Indeed, even to meet IAEA standards will be very challenging. Does she not agree that new clause 1 would provide certainty, rather than the other way around, because it would ensure that in March 2019 we were in a transition period in which we could still rely on Euratom to perform the inspections that are so crucial in her constituency?

[Trudy Harrison]

It is not just my constituency, though; this is about the whole country. Today, more than 20% of our electricity is provided by nuclear power stations. The hon. Lady is not quite correct. My memory of the meeting she mentions is that we were told we would have sufficient aspects in place to be able to have the regime, there or thereabouts, to continue with our existing—[Interruption.]

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[Albert Owen]

I am grateful, because that is helpful, but there is associate membership—it is just in different sections, whether that is research and development or various other—[Laughter.] There is. Conservative Members laugh, but when we had a debate in Westminster Hall, both sides were in agreement that we needed to strengthen our relationship through an associate or alternative membership.

[Rachel Reeves]

Like other hon. Members, my hon. Friend has a close constituency interest in this issue. Ukraine has associate membership for the research and development programme. One thing my hon. Friend and I are particularly interested in is whether we are seeking to have what Ukraine has: associate membership specifically for research and development.

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[Mr Jayawardena]

In disagreeing with me, my right hon. Friend has made my point: specific deals can be done to make sure that the people that this country needs and wants to see here in Britain can come here.

[Rachel Reeves]

Will the hon. Gentleman give way?

[Rebecca Pow]

Will my hon. Friend give way?

--- Later in debate ---

[Mr Jayawardena]

My hon. Friend has guessed what is coming later in my remarks. I will come on to the future, but I want to focus now on the importance of nuclear, which I think everyone agrees is of key strategic importance to the United Kingdom. I am therefore pleased that Her Majesty’s Government have been clear that they aim to seek to maintain close and effective arrangements for civil nuclear co-operation with Europe and the rest of the world.

As we leave the European Union and enter, in my view—I accept that it might not be everyone’s view—an exciting and prosperous new phase in our kingdom’s history, where we are free to do what we need to do to put our people first and seek trade deals with friends around the world, it is through the cultivation of open, willing and free global markets, interested in innovation from Britain and the revenues that that trade will bring, that we will help to stabilise and boost the UK economy. In this new industrial revolution—perhaps the fourth industrial revolution, as has been championed by my hon. Friend the Member for Havant (Alan Mak)—nuclear power will form a vital part of the UK’s long-term energy mix.

In that context, I want to inform the House of how little of our energy comes from nuclear. Some 72.3% of France’s energy comes from nuclear, compared with 54.1% of Slovakia’s, 51.7% of Belgium’s, 51.3% of Hungary’s and 40% of Sweden’s. We are at less than half that percentage. I would be delighted to be told that I am wrong—I would be delighted if it were higher—but I am informed that it is less than 20%. Nuclear power, as a source of electricity to power millions of homes and businesses for decades to come, is not only clean, low-carbon energy, but reliable. It will also secure our energy, environmental and economic futures. It is therefore absolutely critical to get the regulation of it right.

We have heard about the deal to secure our first new nuclear power station for a generation. It will be built without resort to the public purse and will mean the creation of 26,000 new jobs. It is the sort of industry we want to incentivise in this country to create good new jobs for young people now and in the future. It will also mean energy security, as I have said, which is absolutely critical for our kingdom’s future prosperity, so it is critical that the right safeguards are in place.

It is important that the nuclear safeguards provided under the Bill are distinct from both nuclear safety measures and nuclear security measures. Those measures, which are respectively intended to prevent accidents and to put in place physical protection measures at nuclear sites—are not under the purview of the Bill. They are unaffected by our leaving the EU, because they are not responsibilities provided primarily by Euratom. Euratom has no role in setting security standards or in regulating or inspecting security arrangements in our civil nuclear sector.

Nuclear safety and security are regulated by the Office for Nuclear Regulation—very effectively to date, I might add—and it is the ONR that will assume responsibility for running our effectively equivalent domestic nuclear safeguards regime created under the Bill. That is why, again, I believe that the Bill should stand unamended. Furthermore—international safety and security considerations have been mentioned— the UK will remain a member of the International Atomic Energy Agency, of which we were one of the founding members in July 1957 and remain one of the board members. Our leading role in the IAEA, our work developing and complying fully with international standards and obligations on nuclear safety and security, and our commitment to responsible nuclear non-proliferation thus demonstrate that the UK has no intention of retreating from international standards in our new domestic safeguards regime.

[Rachel Reeves]

I am sure that the hon. Gentleman is aware of this, but I clarify to the House that IAEA standards are not as high as Euratom’s. The Office for Nuclear Regulation has said that it will not be able to meet Euratom’s standards on day one of our exit from the European Union, so that would mean a dilution of the standards that we have today. Does the hon. Gentleman understand and acknowledge that?

[Mr Jayawardena]

My point about the IEA—I mean the IAEA; what a tongue-twister!—was not about the standards it provides. It was that we will remain part of the IAEA and will continue to comply fully with the international standards set out and our obligations in relation to nuclear safety and security.

--- Later in debate ---

[Richard Harrington]

I thank all Members who have contributed to the debate. Those who have heard our consideration of the Bill for the first time today will not realise, given that most of our discussion has been about one or two new clauses, that many other aspects were discussed in Committee. I pay tribute to the Opposition Members who have participated, as well Government Members, and particularly the hon. Members for Southampton, Test (Dr Whitehead), for Inverness, Nairn, Badenoch and Strathspey (Drew Hendry), and for Sheffield Central (Paul Blomfield), whose cameo Brexit role has been well appreciated. Many points were dealt with by consensus in Committee and in our discussions afterwards. Today’s debate has focused on new clause 1, but I will also speak to the other new clauses and amendments in the group.

The overall strategy for withdrawal from Euratom, and our ambitions for our future relationship with it, were the subject of a comprehensive written statement made by my right hon. Friend the Secretary of State on 11 January. I think that most Members on both sides of the House would agree that, as I have stated publicly in Committee and privately afterwards, we are seeking the closest and most effective association with Euratom. We are therefore putting in place all the measures necessary to ensure that the UK can operate as an independent and responsible nuclear state from day one.

As Members will be fully aware, the nature of our future relationship with Euratom is part of the next phase of negotiations, which is yet to start. The written statement set out the principles upon which our strategy is based, many of which have been discussed today: to aim for continuity with current relevant Euratom arrangements; to ensure that the UK maintains its leading role in European nuclear research; and to ensure that the nuclear industry in the UK has the necessary skilled workforce. We will be seeking: a close association with Euratom’s research and training programme, which includes the JET project and the international thermonuclear experimental reactor project; continuity of open trade arrangements to ensure that the nuclear industry can continue to trade across EU borders; and maintenance of close and effective co-operation with Euratom on nuclear safety.

[Rachel Reeves]

rose—

[Richard Harrington]

It is a pleasure to give way to the Chair of the Business, Energy and Industrial Strategy Committee.

[Rachel Reeves]

I thank the Minister and particularly the Secretary of State for the written ministerial statement published on 11 January, which gave much more clarity on the Government’s aims and ambitions in this area. On the seventh day of consideration of the European Union (Withdrawal) Bill by the Committee of the whole House, Ministers gave a commitment to publish a timetable with milestones that the Government will need to achieve to meet the objectives set out in the written statement. When does the Department plan to publish that timetable, because I really think it is crucial? Can we also have an update on progress towards a voluntary agreement with the IAEA for safeguarding inspections, and on how discussions are going regarding the nuclear co-operation agreements, which are crucial to getting the association we need?

[Richard Harrington]

If the hon. Lady will have a bit of patience, I will come to those points, all of which are valid, later in my speech. Progress on many of those points will be included in the quarterly statements, which are the result of discussions in Committee.

I have been through the important points covered in the written statement, so let me turn to the point about associate membership made by the hon. Member for Ynys Môn (Albert Owen)—I learned how to pronounce his constituency in the Westminster Hall debate; I hope he realises that I am showing off now—and others. As I have already stated at the Dispatch Box, we cannot be an associate member of Euratom because there is no such concept in the treaty as it stands. We have had a lot of discussions about whether we could. The hon. Member for Leeds East—

[Rachel Reeves]

West.