Mr Norman Baker (Shadow Secretary of State for the Environment, Environment, Food & Rural Affairs; Lewes, Liberal Democrat)

This takes me back to the time I spent discussing such matters in relation to the Police Reform Act 2002. Clearly, there is some crossover between the proposed civil nuclear constabulary, the normal police forces and the Ministry of Defence police, some of whose duties might overlap. Can the Minister comment on subsection (2)(b), which gives the constabulary the duty to safeguard nuclear material in Great Britain and elsewhere? A number of issues arise from that, which I would like briefly to explore.

The first issue is that nuclear material may not simply be on licensed sites; it may, for example, be transported across the country by road, rail or air. Will the proposed constabulary have the authorisation to accompany nuclear material when it is being transported, and how will that power link in with that of British Transport police? Have British Transport police been consulted on this and is the Minister confident that there is no overlap of responsibility, or indeed potential duplication of effort, from those movements?

The second question relates to the work that might overlap with the MOD police. The Minister will be aware that the MOD keeps nuclear material on its sites, and the MOD police have their own regime under which they operate. Is it anticipated that the civil nuclear constabulary will safeguard nuclear material in Great Britain and elsewhere on MOD sites? I appreciate it is called a civil nuclear constabulary, but on the other hand the terms of subsection (2)(b) do not specify nuclear material that has arisen through the operation of civil nuclear facilities. Therefore, I take it to mean that that could apply to MOD material. Will he clarify that for me?

Thirdly, can the Minister clarify the purpose of the phrase ''and elsewhere'' in subsection (2)(b)? Is he suggesting that the civil nuclear constabulary will have authority to act outside the borders of Great Britain? That seems rather odd to me. Does that refer to British territories overseas, or does he anticipate some other purpose?

Mr Stephen Timms (Minister of State (e-Commerce & Competitiveness), Department of Trade and Industry; East Ham, Labour)

The clause requires the civil nuclear police authority to maintain the civil nuclear constabulary, and it sets out the constabulary's

primary functions. The hon. Gentleman is particularly interested in subsection (2), and, if I have written his questions down correctly, the answers are as follows.

The members of the constabulary can accompany nuclear material when it is in transit; that is the intention of the clause's drafting. British Transport police have been consulted on these arrangements, and I am satisfied that there is no unnecessary duplication between the duties of the civil nuclear constabulary and others.

The duties of the civil nuclear constabulary would not extend to the protection of MOD sites, which answers the hon. Gentleman's second question. Thirdly, it is envisaged that there will be occasions when members of the civil nuclear constabulary will safeguard material outside Great Britain—for example, when there is a shipment they will be able to accompany the material and provide protection in that way.

Question put and agreed to.

Clause 55 ordered to stand part of the Bill.

Clause 56 ordered to stand part of the Bill.

Schedule 11 agreed to.

Clauses 57 and 58 ordered to stand part of the Bill.