Clause 86 - Application of criminal law to renewable energy installations
Energy Bill [Lords]
3:15 pm
Mr Stephen Timms (Minister of State (e-Commerce & Competitiveness), Department of Trade and Industry; East Ham, Labour)
The Government need to have the ability to apply criminal law to installations in the renewable energy zone created by virtue of clause 85. To ensure uniformity of criminal jurisdiction for all offshore renewable energy installations, the clause extends not only to installations in the renewable energy zone, but to those located further inshore, in tidal waters adjacent to Great Britain up to the seaward limits of the territorial sea.
We legislate with the agreement of the Scottish Executive in respect of the aspects of clause 86 that are within their competence. Clause 89, which we shall come to shortly, provides a parliamentary procedure for the Orders in Council that cover matters that are either wholly devolved to the Scottish Executive or of mixed competence.
In response to the points raised by the hon. Member for Vale of York, there does not need to be a difficulty on this issue. Scottish Ministers make Orders in Council on devolved matters and the Secretary of States makes them on reserved matters. I do not think
that there is a danger of conflict; the relevant provision is clause 89. The hon. Member for Angus asked me for specific examples. I am afraid that I do not have any to hand, but perhaps I may send him a communication that will satisfy his curiosity on that point.