Infrastructure Bill [Lords]

Grahame Morris Excerpts

Monday 26th January 2015 Commons Chamber

[Amber Rudd]

The letter came from the Minister of State, Department for Transport, my right hon. Friend the Member for South Holland and The Deepings (Mr Hayes), and with that information the hon. Gentleman may be able to find it. I am happy to send him another copy.

The industry will need to show how it has complied with the charter on an annual basis, and any failure to follow through will ultimately result in a loss of membership and the benefits attached. In addition, operators will contribute a voluntary one-off payment of £20,000 for the right to use deep-level land. Each year, operators will need to publish evidence detailing how these commitments are being met. The Department of Energy and Climate Change will regularly monitor this evidence. Let me reassure the House that the proposals in the Bill will enable the Secretary of State to introduce regulations to set up a statutory payment mechanism, if not satisfied.

On new clause 19(j) and amendments 62, 63 and 64, notice and publicity requirements relating to the planning and environmental permitting processes are already in place. We believe the system works well, but we recognise the concerns that have been raised by the new clause.

New clause 19(k) and amendment 60 are on the approval of substances to be left in the land. As part of the application for environmental permits, the EA will require full disclosure of chemicals used in hydraulic fracturing and has the power to restrict or prohibit the use of any substances where they would pose an environmental risk. Our regulations ensure that information on chemical substances and their maximum concentrations is included within the environmental permit, along with information on the total daily discharge of hydraulic fracturing fluid into the ground and the fluid taken off-site for disposal. The permit is placed on the public register.

I have already announced that the Secretary of State for Environment, Food and Rural Affairs will direct the Environment Agency to publish information about chemicals it requires operators to disclose.

[Grahame M. Morris (Easington) (Lab)]

Will the Minister indicate why she is not taking the opportunity to regulate and impose environmental requirements on other non-conventional gas extraction processes, such as underground coal gasification?

[Amber Rudd]

The hon. Gentleman raises an interesting point. I hope he will find that it will be dealt with later on, but if it is not I will certainly write to him on that point.

New clause 19(m) relates to water companies. The Government recognise the importance of ensuring that water companies are engaged fully in shale gas development. The existing regulatory framework ensures issues relating to water are addressed robustly. The water industry and shale operators have already agreed a memorandum of understanding to engage early, and share plans for water demand and waste water management. The Government have considered this issue carefully and want to provide further reassurance to the public. Therefore, we are consulting on whether to make water companies statutory consultees in respect of these applications. Subject to the response to the consultation, which closes at the end of this month, we would seek to bring forward any necessary secondary legislation.

New clause 19 has raised some very interesting and critical points in relation to reassuring the public. It is the Government’s view that we will accept new clause 19, but we plan to amend it in the other place to replace provision (g) on depth, with a review to put back the depth at the appropriate level for proper development.

On amendment 61, regarding compulsory purchase of properties in the event of blight, I would like to reassure my hon. Friend the Member for Thirsk and Malton (Miss McIntosh) that the regulatory regimes for planning, environmental permitting and health and safety already provide a very robust framework that ensures residential amenity is properly protected from any unacceptable effects of development. The protection of amenity is recognised in the core planning principles of the national planning policy framework. In the unlikely event that operations caused any damage, there are various options available. The landowner may be able to bring claims in tort, such as negligence and nuisance, against any operator. I trust my explanation of this issue reassures hon. Members, and that they will withdraw the related amendment.

On new clause 8, the Department for Environment, Food and Rural Affairs’ “Rural Economy Impacts” document was a draft internal document, which was not analytically robust; it was a literature review of existing studies and was not exhaustive. Where policy work is current, draft documents are usually kept within government, because they do not provide a complete and accurate picture of the overall material. This is a highly sensitive and fast-moving policy area. Releasing information that is at the formative stage of being shared between Government Departments risks substantially undermining our ability to deliver effective policy.

DEFRA retains an interest in the implications of shale gas development for rural communities, but the Department of Energy and Climate Change leads on the economic aspects of shale gas policy. It is therefore my view that DEFRA should not have produced a document of this kind. The redactions were made for those broader reasons, not on the basis of sensitivity of materials. In fact, in the interests of providing free access to the information on which the draft paper was based, the Government have provided the full list of references. Following Committee, I consulted with a range of colleagues. Releasing the unredacted draft paper would not help to inform the debate on developing the UK’s shale industry. I ask, therefore, that my hon. Friend withdraws her amendment.