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

I beg to move amendment No. 149, in

clause 19, page 17, line 35, at end insert

'to ensure minimal adverse impact upon the environment'.

I would like to spell out the requirements in subsection (2)(c), which relate to the management of the land. My point is a sort of return to the argument we had about the principal duty earlier. The Minister may say that he anticipates my comments, so I shall anticipate his instead. He may say that the general and specific duties also mentioned in that subsection imply what the amendment specifies, and that there is a general duty to ensure minimal adverse impact on the environment. I would argue, however, for the importance of that being clearly understood. It is helpful to emphasise the importance of minimising the adverse impact on the environment by spelling it out in the Bill.

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

The hon. Gentleman is right; there is already a clear requirement on the NDA to take account of environmental concerns. The problem in this case, however, goes further than that. As in our earlier debate, the amendment would cut across the well-established lines of regulatory responsibility by giving the NDA a duty to ensure or deliver something that is the proper responsibility of someone else; namely, the nuclear regulators.

Obviously, the NDA will have to work within the existing regulatory framework and work closely with the regulators. Clause 12 recognises that by placing a duty on the NDA to have particular regard to the need to safeguard the environment. My officials, with the support of the nuclear regulators, have been drafting a memorandum of understanding that will be agreed between the NDA and each of the regulators, which will set out the basis of their working relationships.

The responsibility for complying with environmental regulation must rest with the person with control of a nuclear site, installation or facility. The responsibility to enforce such regulations must rest with the regulators. It is important that the Bill does not change that framework, and I fear that the amendment would do that. It would interpose the NDA into the existing regulatory arrangements in a way that would create uncertainty and undermine

their effectiveness. I am confident that the independent regulators can deliver the outcome that the hon. Member for Lewes seeks—he has already paid tribute to those involved in the matter—through their commitment and expertise in enforcing the environmental regulations. I hope that he will feel able to withdraw the amendment.

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

It is a rather false premise to say that the amendment cuts across the regulator. The regulator has duties that are set out in statute and those duties are not changed in any way by this amendment, nor were they in the earlier instance that the Minister referred to. The regulator will have a right to expect the NDA to ensure that there is a minimal adverse impact on the environment, and I am merely proposing to write into the Bill what the regulator would require of the NDA in any case. The amendment does not cut across the regulator's message to the NDA; it reinforces it. It would not be cutting across the regulator to write in good practice. We would expect the NDA to ensure that there is a minimal adverse impact on the environment. However, the Minister has given me his views and I have given the Committee mine.

The Minister mentioned a memorandum of understanding. I am glad that that is being constructed I hope that he recognises that it is an important document that should be available more widely. When it is ready, will he place a copy in the Library of the House?

I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Clause 19 ordered to stand part of the Bill.

Clauses 20 and 21 ordered to stand part of the Bill.