Schedule 15
Criminal Justice and Immigration Bill
4:00 pm
Maria Eagle (Parliamentary Under-Secretary, Ministry of Justice; Liverpool, Garston, Labour)
That is helpful, thank you.
The schedule creates new criminal offences and extends existing ones under the Nuclear Material (Offences) Act 1983, which is necessary for the UK to ratify the 2005 amendments to the convention on the physical protection of nuclear material. We are bringing UK law into line with certain changes made to the convention.
It might help if I give some background information on the changes. The convention was concluded under the auspices of the International Atomic Energy Agency in 1980. It came into force in 1987 and currently has just under 130 parties, of which the UK is one, having signed it in 1980 and ratified it in 1991. The amended convention requires each state party to establish, implement and maintain an appropriate physical protection regime for civil nuclear material and facilities under its jurisdiction, with the aim of protecting against theft, recovering missing or stolen material, protecting material and facilities against sabotage, and mitigating or minimising the radiological consequences of sabotage. It also provides for co-operation between states in the event of nuclear sabotage. It also incorporates a longer list of nuclear offences than the original.
The diplomatic conference of 2005 marked the end of a process initiated by calls for amendment of the convention from the IAEA director general in 1999, and given impetus by enhanced concern for nuclear security following the terrorist attacks in the United States in September 2001.
The new and extended offences cover the following broad areas of activity: misusing nuclear material here or abroad intending damage to be caused to the environment, or being reckless about whether it will be caused; doing something outside the UK that involves moving nuclear material into or out of a state without lawful authority; attacking a nuclear facility here or abroad intending that damage will be caused to the environment by exposure to radiation, or being reckless about whether such damage will be caused; attacking a nuclear facility abroad and intentionally or recklessly causing death, injury or damage to property as a result of exposure to radiation; attacking a nuclear facility here or abroad, intending that death, injury or property damage will be caused by exposure to radiation, or being reckless about whether that is the outcome, even if no such injury or damage occurs.