Clause 30
Energy Bill
4:15 pm
Malcolm Wicks (Minister of State (Energy), Department for Business, Enterprise & Regulatory Reform; Croydon North, Labour)
Again, I thank the hon. Gentleman. My speaking note always says thank him before seeking to persuade him that I cannot possibly accept his amendment, however well intentioned. As he knows, a key area covered by the regulatory framework in the Bill is the closure of carbon dioxide storage facilities. Operators, as commercial entities, cannot be responsible for carbon dioxide storage facilities indefinitely because of the geological time scales involved, as we discussed this morning. Clause 30 provides the Secretary of State with the power to make regulations specifying requirements for the termination of licences and the arrangements for the long-term stewardship of those closed stores. We expect licences to include provisions requiring the carbon dioxide store to be monitored for a period of time after closure to ensure its safety and security. That is provided for in clause 19. During that time, responsibility and liability for the store will remain with the licensee. Only when there is sufficient evidence to confirm that it is safe and secure would we expect to consider terminating a licence. I made that clarification earlier.
The amendment would include in the clause express provision to allow inspectors to examine closed carbon dioxide stores. That is not necessary, because there are already powers in the Bill that will allow us to deliver that aim. First, requirements for the inspection of carbon dioxide stores during both the operational phase, when carbon dioxideis being injected, and the monitoring phase could be included in the specific licence terms and conditions of any carbon dioxidefacility. The power for the licensing authority to prescribe such conditions is contained in clause 19, which governs the terms and conditions of licences.
Secondly, the amendment would duplicate powers in clause 26, which gives the Secretary of State powers to appoint inspectors and make regulations prescribing their powers and duties. It allows the Secretary of State to specify their inspection responsibilities regarding both operational and closed carbon dioxide stores, and in relation to any inspections that might be needed prior to the termination of a licence. In summary, I am confident that the provisions in the Bill will provide the necessary environmental, safety and financial protection properly to regulate the inspection of closed carbon stores prior to, or as part of, the termination of licences. I therefore ask the hon. Gentleman to consider withdrawing his amendment.