Clause 94 - Consents for generating stations offshore
Energy Bill [Lords]
8:55 am

Mr Bob Blizzard (Waveney, Labour)
I listened at great length to the hon. Member for Vale of York during the previous sitting. She said that the question of navigation and shipping, which is covered by clauses 100 and 101 and amendment No. 170, is a red line issue. By the end of her speech, I could see what she meant, but I would put it rather differently. The debate on this part of the Bill is the key test of whether members of the Committee really are committed to renewable energy and the targets set out by the Government.
Clause 100 does not just say that navigation interests must be taken into account; it says that wind farms may not be established where there is
interference. In effect, it is a veto clause and amendment No. 170 is a wrecking amendment. The hon. Lady said that the amendment is intended to be constructive, but it is obstructive. It offers no further definition of certain terms contained in clauses 100 and 101. Clause 100 simply talks about interference. It is not clear whether that interference is a risk to safety or something that merely requires an alteration to a sea route, rather like a footpath diversion. That can be a purely commercial matter.
Clause 100 also refers to recognised sea lanes, but is not clear whether they would be defined as those habitually used or those that exist purely as a matter of historical record. It might be more reasonable if they were defined as something regularly controlled or managed by dredging. Are we to define them according to the density of traffic? It appears not, according to the hon. Lady, because at times she seemed to be referring to just one or two pleasure boats.
Clause 100 refers to lanes that are recognised as being ''essential to international navigation''. Are we then to consider the density of international sea traffic? Again, the hon. Lady went further than that and it was reinforced this morning by the hon. Member for Tewkesbury (Mr. Robertson), who talked about recreational sailing and so on, which goes far beyond international sea traffic. The Opposition appear to want to give any navigational interest an absolute veto over any wind farm development.
Amendment No. 170 would be even more of an obstruction to offshore wind development than the fairly widely drawn clauses 100 and 101, because it talks not only about interference, but about a threat. It talks not just about navigation, but about shipping interests, which is an incredibly wide term. The entire burden of proof would be placed on the offshore wind developer. The hon. Member for Vale of York did not answer the question I asked on Thursday about what an offshore wind developer would have to do to demonstrate no threat. That is a pretty hard test.
