Clause 42
Energy Bill
11:45 am
Charles Hendry (Shadow Minister, Business, Enterprise and Regulatory Reform; Wealden, Conservative)
We have had an extremely constructive and helpful debate on the preceding clause, and can probably move through this group of amendments with greater speed. They relate to the matter of whom should be consulted in the section where a change or modification is being proposed. Clause 42(5) says:
“Before deciding whether to approve or reject a programme, the Secretary of State must consult each interested body about—
(a) the programme, and
(b) any modification which it is proposed to make, or any condition it is proposed to impose,
so far as it relates to a function conferred on the interested body by or under an enactment.”
Subsection (6) sets out which organisations are considered interested bodies. It mentions the Health and Safety Executive, as well as
“(b) in relation to a funded decommissioning programme for a site in England and Wales, the Environment Agency, and
(c) in relation to a funded decommissioning programme for a site in Northern Ireland, the Department of the Environment for Northern Ireland.”
Amendment No. 31 proposes that the Nuclear Decommissioning Authority and the relevant local authority be added to the list.
My understanding is that reference to the Secretary of State in the Bill does not specifically include bodies that report to him, such as the NDA, and it would therefore seem sensible to include a specific reference, although the Minister dealt in an earlier answer with the roles of the NDA in relation to these activities. It would also seem good practice for the local authority to be consulted about proposed changes. That is also the purpose of amendment No. 32, which would require the relevant local authority to be consulted before the Secretary of State approved a programme with proposed modifications or conditions.
Amendment No. 33 makes similar changes to clause 45, and would include the relevant local authority in the list of organisations invited to make written representations about a proposal to modify a decommissioning programme. I think it is important to include the local authority, as these changes could have very significant local implications, particularly, for example, to transport given the number of lorry movements if more has to be moved off-site. The local authority should be given the opportunity to highlight such impacts in a formal submission before final decisions are made.
Amendment No. 34 relates to clause 50, and would add other organisations to be consulted in this process, including CoRWM, the NDA and the relevant local authorities. These are probing amendments and some of the bodies mentioned may be included in other ways, but it seems sensible to have clarity about exactly who will be consulted and under what circumstances.