Clause 9 - Designations relating to scotland
Energy Bill [Lords]
4:30 pm
Mr Norman Baker (Shadow Secretary of State for the Environment, Environment, Food & Rural Affairs; Lewes, Liberal Democrat)
I beg to move amendment No. 87, in
clause 9, page 7, line 17, at end insert
'provided that this shall not be classified as intermediate-level-level waste or high-level waste'.
In the light of the Under-Secretary's last remark, I look forward to a positive response to my amendment. First, I can tell the hon. Member for South-West Hertfordshire, who is keen on this provision, that this is a probing amendment. It is an excuse to discuss a wider issue, but I hope that it is in order, Mr. O'Brien.
The hon. Member for Angus may be disappointed to know that my special interest is not in ensuring that radioactive waste is not disposed of in Scotland, although with my Aberdonian birthright I have a passing interest in that. I have tabled the amendment so that I can concentrate on intermediate-level and higher-level waste, and tease out from the Under-Secretary what is the delineation between the NDA and Nirex. I mentioned that point to the Energy Minister, but little clarity was forthcoming.
I want to clarify the matter because there is uncertainty about state aid, and about where Nirex fits in. We know from ministerial comments that have been reported in the press, which is always entirely accurate—The Observer, anyway—that there have been big clashes between the Secretary of State for
Trade and Industry and the Secretary of State for Environment, Food and Rural Affairs over the future and the role of Nirex.
The amendment would provide that disposal would not take place if it involved intermediate-level or higher-level waste. The point is whether the NDA will have the ability, or the authority if the Government have their way, to deal with the disposal of intermediate-level or higher-level waste. Nirex is charged with dealing with intermediate-level waste; that is its job. It is therefore developing a long-term strategy for the Government. Is that strategy to be undermined or overruled by the Bill?
This morning, the Minister for Energy, E-Commerce and Postal Services said that there would be some responsibility for the NDA in respect of intermediate-level and higher-level waste, but at what point does that responsibility stop and Nirex's responsibility begin?
Under clause 6(1)(d), the NDA will have responsibility for disposing of hazardous material. Many of us thought that that was Nirex's responsibility. The amendment would confirm the situation that I understand to be the case—that Nirex will deal with the disposal of intermediate-level and higher-level waste, and that the NDA can dispose of low and very low-level waste. If that is different from what the Government anticipate, I should be grateful to hear it. However, we certainly need clarification of the relative roles of the NDA and Nirex.
It would be helpful if the Under-Secretary could tell us what has happened to Nirex. We had a statement from the Secretary of State for Environment, Food and Rural Affairs last July. Since then, there has been a battle royal between the DTI and DEFRA. We have not yet had a statement on where that is going. Will the Under-Secretary clarify that while dealing with the other issues?