§ 1.8 a.m.
§ Captain Walter Elliot (Carshalton)I beg to move Amendment No. 1, in page 2, line 45, at end add:
Provided that in circumstances where the Atomic Energy Authority or the Medical Research Council could be held liable for 2020 having created a radiation hazard, the Secretary of State and the Health Ministers shall not consult the body concerned before conferring functions on, or issuing directions to the Board.
The purpose of Clause 1 is to define the National Radiological Protection Board and its functions. On Second Reading, attention was called to the Veale Report, which refers to the radiological protection service and says that the proposed service should be independent of departments having regulating or other direct responsibilities in radiological health and safety. It went on to say that it should he independent of the Atomic Energy Authority, since it may be called upon to advise in matters in which the Authority is concerned, and that, to be most effective, the service must be the servant of all but the agent of none. That is a strong plea for independence, especially independence from the Atomic Energy Authority, yet we find in the Bill that the new board includes the Atomic Energy Authority.
The reason why there was this plea for independence was that the Atomic Energy Authority or the Medical Research Council might be the creators of a radioactive hazard. At least, the Authority is a potential creator. On Second Reading, a case was quoted of a man claiming to have suffered injury due to exposure while working for the Atomic Energy Authority, although the authority denied liability.
Clause 1(7) reads:
In carrying out their functions the Board shall comply with any directions given to them by the Health Ministers; but those Ministers shall not give any direction to the Board except after consultation with the Atomic Energy Authority and the Medical Research Council.As the Clause stands, the Health Ministers might well give directions to the Board to investigate, say, the creation of a radioactive hazard which had been created by the Atomic Energy Authority or by the Medical Research Council. Yet those bodies are to be consulted before directions are given. That seems wrong, and it is certainly contrary to the Veale Committee's recommendations. The Amendment ig drafted to avoid this anomaly.
§ Mr. Airey Neave (Abingdon)I rise briefly to support the Amendment.
I have discussed this point with the staff side of the Medical Research Unit 2021 at Harwell. The view has been held for a considerable time that the new Board should be independent of the Authority. If there is to be an inquiry into a radiation hazard such as my hon. Friend has mentioned, it is clear that, as far as possible, it should be an independent body. Therefore, consultation with the Authority before directions are given seems unsatisfactory. I know that the staff side is concerned about it.
§ The Joint Under-Secretary of State, Department of Health and Social Security (Dr. John Dunwoody)I have listened with interest to the point raised by hon. Mem hrs opposite in support of the Amendment, but I find myself in difficulty. The implication of the Amendment is that consultation with these parties, in the circumstances envisaged, carries with it a power of veto. I assure the Committee that this is not so. It is exceedingly unlikely, in the circumstances envisaged by the Amendment, that Ministers would wish to issue directions or confer new functions on the board. The board will already have the function of advising the Ministers concerned on radiation hazards. If unwilling to investigate a potential hazard when asked to do so, the board might give the direction. But in these circumstances it would be proper for the Medical Research Council and the Atomic Energy Authority to have the opportunity of at least expressing its view on that course of action.
I hope that, with this reassurance, the hon. and gallant Member for Carshalton (Captain W. Elliot) will feel able to withdraw the Amendment.
§ Amendment negatived.
§ Clause 1 ordered to stand part of the Bill.