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Malcolm Wicks (Minister of State (Energy), Department for Business, Enterprise & Regulatory Reform; Croydon North, Labour)

Although I think that the Committee has stuck to its task very diligently this afternoon, as a sideshow, I am enjoying the traditional debate about the power of the state between the Tories and the Whigs, which has been going on for several centuries and which I follow with close attention. It is not for me to make a judgment. I understand the concern of the hon. Member for Wealden. Any politician facing regular general elections has to be jealous of open-ended appointments, so I understand the prejudice.

Before addressing the amendments, I would like to set out a little of what we are trying to achieve with clauses 12 and 26, because the proposals also relate to clause 26. Those clauses give the Secretary of State the power to appoint inspectors to inspect facilities used for offshore gas or carbon dioxide storage or related activities. They also give him the power to make regulations setting out the powers and duties of inspectors and other persons acting under his direction, for example, surveyors or other contractors. Examples of such powers  and duties are the power to enter premises, to carry out an investigation, to require information or to take samples. The regulations can also set out the facilities and assistance that licensees must offer inspectors in carrying out their duties.

Inspectors play a crucial role in ensuring that the terms and conditions of the licence are adhered to. They are the eyes and ears of the regulating authority and provide a valuable resource to ensure that the oil and gas industries comply with a raft of legislation that is in place to protect the environment. I suspect that we are in agreement so far.

To get to the point, in almost all instances, inspectors are civil servants, recruited on civil servants’ terms and conditions of employment. The amendment tabled by the hon. Member for Wealden to set out in regulations the appropriate length of appointment for an inspector appears, therefore, to cut across contractual matters that are normally covered within a contract of employment. Equally, if a contractor is employed for the purpose of inspection, the duration of their employment will be stipulated in the contract of employment.

There are currently a number of inspectors who act on behalf of the Secretary of State in respect of oil and gas licensing. Our proposal is not to recruit more inspectors, but to extend the powers of the existing inspectors, bringing their knowledge and experience of oil and gas into the new regime. With thanks for probing the Government, I wonder whether the hon. Gentleman might consider withdrawing the amendment.

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