Clause 19 - Duties to operate installations and provide treatment etc.
Energy Bill [Lords]
2:45 pm
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.