Clause 97 - Prohibited activities in safety zones
Energy Bill [Lords]
3:15 pm

Mrs Anne McIntosh (Shadow Minister, Environment & Transport; Vale of York, Conservative)

On the face of it, the clause gives the Secretary of State considerable power to put in place regulations that would prohibit certain activities. We are told in clause 97(7):

''Regulations under this section may confer discretions, with respect to the granting or imposition in accordance with the regulations of permissions or conditions, on such persons as may be specified or described in the regulations.''

My hon. Friend the Member for South-West Hertfordshire coined the wonderful expression ''uncharted waters''. Clearly, these are wide-ranging powers that the Committee is agreeing to confer on the Secretary of State. What will be the procedure for the adoption of these regulations? Will they be passed by affirmative or negative procedure by a Statutory Instrument Committee in this House or will there be an opportunity for debate in the other place? I do not necessarily say that we disagree with the powers set out in the clause, but I am a little concerned about how wide ranging they are.

Mr Nigel Griffiths (Parliamentary Under-Secretary, Department of Trade and Industry; Edinburgh South, Labour)

The clause prohibits entry into a safety zone except where permission is granted in a safety zone notice under section 96, which will be specific to the renewable energy installation in question, or in accordance with regulations made by the Secretary of State, which will apply to all safety zones. Such regulations would be passed by negative resolution. They are set out in subsection (8) and cover the general permissions that will apply.

The regulations are modelled on those that already apply to safety zones around existing oil and gas installations. They will cover such situations as vessels that are providing services to supporting services or goods to installations within the safety zone, vessels that have been saving or attempting to save life or

property or vessels in distress. I am not attempting to give the Committee a complete list, but I hope that that gives a flavour of the situations that we have in mind. The clause is an essential part of the safety zone regime. I hope that I have answered the hon. Lady's quite legitimate questions.

Question put and agreed to.

Clause 97 ordered to stand part of the Bill.