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Energy Bill [Lords] - Sitting 12

20 June 2023

Proposing MP
Ealing Central and Acton
Type
Public Bill Committee

At a Glance

Issue Summary

The statement discusses the legal framework for nuclear sites located in or under the territorial sea of the UK, including the requirement for a geological disposal facility (GDF) to be licensed and regulated by the Office for Nuclear Regulation. The statement discusses amendments to the Nuclear Installations Act 1965 aimed at improving the decommissioning process for nuclear sites and aligning with international standards. The statement discusses civil nuclear sites and the lack of a repository for long-term nuclear waste. The MP discusses the storage and disposal of nuclear waste from new power stations like Sizewell C and Hinkley C, and asks for clarity on plans for geological disposal sites. The discussion revolves around the process and cost estimates for locating a geological disposal facility (GDF) for nuclear waste. The statement discusses amendments related to the provision of additional police services by the Civil Nuclear Constabulary. The statement discusses the provisions allowing officers from the Civil Nuclear Constabulary to be seconded or 'rented out' to other police forces under certain conditions. The MP raises concerns about the transferability of civil nuclear constables to other police forces and questions whether these officers can easily transition without compromising their specialized training. The statement discusses amendments to the Energy Act 2004 regarding the Civil Nuclear Constabulary's ability to provide additional policing services beyond its core nuclear security mission. The statement addresses concerns about the proposed new provision allowing police personnel in the Civil Nuclear Constabulary to perform wider functions and the potential impact on the constabulary's core mission. The statement discusses the ambiguity in a clause of the Energy Bill regarding pension schemes for nuclear workers, specifically addressing concerns about potential caps on pension increases. Rupa Huq is discussing clauses related to the prohibition of new coal mines and the principal objectives of the Secretary of State and GEMA. The statement addresses amendments to the Energy Bill regarding Ofgem's duties in relation to the net zero target and a clause prohibiting new coalmines and extensions to existing ones. Rupa Huq discusses opposition to proposed clauses in the Energy Bill regarding coal mining and community energy. MP Rupa Huq from Ealing Central and Acton is providing information about a drop-in session related to the Energy Bill.

Action Requested

No specific action is proposed; the minister provides information about the process for finding a site for a GDF and clarifies that radioactive waste will not be dumped in the sea, adhering to international conventions. The minister also expresses interest in organizing a visit to Finland's newly opened GDF facility.

Key Facts

  • Geological Disposal Facility (GDF) is an engineered facility to isolate and contain radioactive waste underground.
  • A clear legal framework is required for sites within the UK’s territorial sea, including a GDF once prescribed by regulations.
  • Radioactive waste will not be dumped in the sea, as it is banned by international conventions such as the London convention and protocol.
  • Government amendment 120 removes superfluous wording in the Nuclear Installations Act 1965.
  • Amendment 121 is consequential on amendment 120, removing an unnecessary definition.
  • Clause 257 implements an alternative route based on internationally agreed recommendations for exiting nuclear third-party liability during decommissioning.
  • The clause allows operators to apply to the ONR to exclude disposal facilities from the nuclear licensed site boundary under certain conditions.
  • Clause 258 aims to exempt low-risk radioactive waste disposal sites from specific requirements, aligning with robust civil law provisions.
  • Radioactivity concentration limits are set for disposal facilities to qualify for exemption.
  • Clause 259 enables UK accession to the convention on supplementary compensation for nuclear damage (CSC).
  • Government amendments 124 to 132 ensure accurate implementation of the CSC and protect existing routes to compensation.
  • Hinkley C site has reactor core in place with connected works underway, expected online by 2026.
  • Sizewell C site is under initial development for similar reactor as Hinkley C.
  • No geological repository exists or is finalised yet.
  • Sizewell B stores nuclear waste effectively.
  • Newer power stations like Sizewell C and Hinkley C will generate both high-level and low-level waste.
  • There is an obligation to ensure no radiation hazard remains after decommissioning.
  • The Government has not found a suitable site for a geological disposal facility yet.
  • Schedule 20 of the Bill pertains to accession to the convention on supplementary compensation for nuclear damage.
  • Compensation claims under proposed new subsections are denominated in euros, up to 1,500 million euros and 700 million euros respectively.
  • Four areas have formed community partnerships for the siting process: Copeland, Allerdale, and Theddlethorpe in Lincolnshire.
  • Estimates of the whole-life cost of the GDF range from £20 billion to £53 billion with a UK Government cost of £10 billion to £27 billion.
  • The Nuclear Decommissioning Authority is working on safe disposal of waste.
  • Amendments 162 and 163 relate to clauses 260 to 263.
  • The amendments aim to clarify the provision of additional police services by the Civil Nuclear Constabulary.
  • A drop-in with the Civil Nuclear Police Federation is scheduled for 12 o'clock in room Q at Portcullis House.
  • The Civil Nuclear Constabulary was established under the 1965 Act.
  • It has approximately 1,500 officers across eight sites in England and three in Scotland.
  • Its jurisdiction extends up to 5 km from nuclear sites.
  • In recent years, it made around 24 arrests annually compared to about 7,500 by a force of similar size like Dorset Police.
  • Clause 260 amends the Energy Act 2004 to allow for secondment of officers to other forces with Secretary of State's consent.
  • Compensation will be provided when constabulary officers are seconded to other police authorities.
  • Civil nuclear constables have unique training and responsibilities.
  • Amendments would clarify the provision of additional police services within the competence of the Civil Nuclear Constabulary.
  • Amendment 163 seeks to involve the Police Authority in decisions on renting out.
  • Civil Nuclear Constabulary (CNC) serves civil nuclear facilities in the UK.
  • Clause 260 will enable CNC to provide policing services beyond civil nuclear sites if consent is granted by the Secretary of State based on national security interests, core mission protection, and reasonability criteria.
  • Clause 261 amends the Energy Act 2004 to streamline arrangements for CNC providing support to other police forces in England, Wales or Scotland.
  • Clause 263 proposes changing the requirement for publishing three-year strategy plans from annually to every three years.
  • Amendment 103 seeks to prevent the Secretary of State from placing a cap on revaluation of benefits in deferment or pensions in payment.
  • The amendment is proposed under clause 264, page 234, line 31.
  • The amendment aims to provide certainty that Nuclear Decommissioning Authority pensions will not be capped.
  • Subsection (3) (c ) of the clause specifies that only increases for revaluation—that is, active deferred members—cannot be capped.
  • The provision as it stands is contrary to the heads of terms agreement between BEIS and the NDA, which explicitly states pension increases will be in line with inflation without a cap.
  • Representatives of trade unions have requested a meeting with the Minister to ensure reforms are consistent with Lord Hutton’s review.
  • Clauses 270 to 273 are discussed.
  • Government new clause 52 pertains to the principal objectives of the Secretary of State and GEMA.
  • Ofgem’s principal objective is being clarified to include specific reference to the net zero target in the Climate Change Act 2008.
  • The Government new clause clarifies Ofgem's role in supporting, rather than enabling, the Government to meet their net zero target.
  • The planned phase-out date for unabated coal in electricity production is October 2024.
  • Huq questions figures provided by Andrew Bowie regarding reliance on imported versus domestic coal.
  • Energy UK supports community energy in principle but asks for time to fully consider the best approach without adding costs to all consumers' bills.
  • Kerry McCarthy points out that wording inserted by Lords reflects a previous private Member’s Bill supported by over 120 Conservative MPs.
  • Drop-in session is scheduled for noon.
  • Location is room Q in Portcullis House.
  • Session is entirely voluntary.
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