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

I beg to move amendment No. 156, in

clause 17, page 15, line 24, after 'State', insert

'and to the Scottish Ministers'.

Mr Bill O'Brien (Normanton, Labour)

With this it will be convenient to discuss the following:

Amendment No. 155, in

clause 17, page 15, line 27, leave out subsection (2).

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

These amendments would make the modest change of involving Scottish Ministers and the Scottish Parliament more comprehensively. Scottish Ministers have an interest in how the NDA operates, discharges its responsibilities and carries out its functions, not only when a matter relates directly to Scotland, so that they can form an overall view of the NDA's performance. To make an overall assessment of the NDA, Scottish Ministers need fuller access to material. That is the purpose of the amendments in my name and that of my hon. Friend the Member for Hazel Grove (Mr. Stunell).

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

If the NDA's report contains anything relating to its responsibilities as set out in clauses 9(2) or 9(3), which deal with the handling of devolved matters, the NDA must send a copy to Scottish Ministers as well as to the Secretary of State. Scottish Ministers must then lay the report before the Scottish Parliament. If the report does not contain anything relating to what is set out in subsections (2) or (3), that requirement does not apply. The effect of clause 9 on Scottish sites, such as Dounreay, is that they would

have to be cleared of all hazardous materials stored on the site. Scottish Ministers would not automatically receive a copy only if clean-up was virtually complete, therefore it would not have to be laid before the Scottish Parliament.

Documents are laid before Parliament or the Scottish Parliament only when they have a clear interest in them. The amendment would mean that every NDA report would have to be laid before the Scottish Parliament by Scottish Ministers regardless of whether they have an interest in it. That would be unnecessary. If Scottish Ministers were not formally sent a copy of the report by the NDA, they would still be able to see copies of it. However, the requirement to lay the report applies only if there is a Scottish interest.

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

The Minister is telling me what I know to be the Government's policy; they have adopted that position on other legislation. In that sense it is consistent. My point was that Scottish Ministers might have a wider interest in the NDA's operation, even if a report does not relate directly to Scotland. The way that the NDA discharges its responsibilities in England and Wales affects the allocation of resources, time and effort to Scottish matters. That is why it is important to include Scottish Ministers. However, I have had my say so I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

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

I beg to move amendment No. 158, in

clause 17, page 16, line 24, after 'Parliament', insert 'without undue delay'.

The amendment would add the words ''without undue delay'' to subsection (6). That would emphasis a point made by the hon. Member for Tewkesbury about the importance of parliamentary scrutiny. To fulfil that duty, Parliament should have access to documents as soon as possible rather than when the Secretary of State gets round to it. The amendment is an attempt to emphasise the need for parliamentary scrutiny so I hope that the Minister will be sympathetic to it.

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

Unfortunately, the amendment would have exactly the opposite effect to the one that the hon. Gentleman argues for. The convention is that the Secretary of State lays reports before Parliament not when she gets round to it, but as soon as possible after she receives them. The wording of the amendment, which specifies ''without undue delay'', would imply that there could be an acceptable or due delay in the Secretary of State laying the NDA's report before Parliament. That is clearly not what the hon. Gentleman would want, and on that basis I hope he will quickly withdraw his amendment.

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

Far be it from me to load the scales even further on the side of the Government against Parliament. I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Mr Laurence Robertson (Shadow Minister, Economic Affairs; Tewkesbury, Conservative)

I thank the Minister for his private advice on amendment No. 6, which I shall not seek to move.

Clause 17 ordered to stand part of the Bill.

Clause 18 ordered to stand part of the Bill.