HL Deb 02 February 1989 vol 503 cc1214-7

3.29 p.m.

Report received.

The Parliamentary Under-Secretary of State, Department of Energy (Baroness Hooper) moved Amendment No. 1: Page 4, line 22, at end insert— ("(6A) If at any time Her Majesty's Government in the United Kingdom calls for assistance under paragraph I of Article 2 of the Convention, the Secretary of State shall take such steps as are necessary to make public the fact that a call for assistance has been made, the nature of the assistance called for and the reasons for making the call.").

The noble Baroness said: My Lords, it may be for the convenience of the House if in moving Amendment No. 1 I speak also to Amendment No. 2.

In Committee last week we debated the amendment put down by the noble Lord, Lord Williams of Elvel, requiring the Secretary of State to inform the public in the event of a call for assistance by Her Majesty's Government under the terms of the Mutual Assistance Convention. As I made clear then, we do not believe that such a duty is strictly necessary since in the very unlikely event of a nuclear accident of radiological safety significance in this country, the fullest information would be given to the public under existing national arrangements. Bulletins would be very frequent indeed, particularly in the case of a major accident, and it is really only in connection with an accident of this kind of significance that we can envisage making a call for assistance from outside the United Kingdom. Nevertheless there was clearly strong support in the Committee for the argument that if there was no difference between us as to the need for full public information, we should give expression to that in the Bill. The proposed amendment to Clause 5 is a response to that view and is no different in substance from the amendment put down by the noble Lord in Committee.

Amendment No. 2 to the Long Title of the Bill is a consequence of the amendment to Clause 5, the remainder of which is concerned with matters necessary for giving effect to the convention. The amendment brings the new provision about public information within the Long Title of the Bill. I beg to move.

Lord Williams of Elvel

My Lords, we are most grateful to the noble Baroness for taking into account our feelings in Committee and for bringing forward this amendment which satisfies us as regards the amendment I moved in Committee. I never like to look a gift-horse in the mouth—certainly, the noble Baroness cannot be described in those terms—but our discussion in Committee ranged somewhat beyond the admittedly narrow scope of my amendment. It moved to nuclear incidents falling within the terms of the convention which happen outside the United Kingdom.

Perhaps I may refer the noble Baroness to what she said at col. 847 of the Official Report of 26th January. In response to my noble friend Lord Stoddart of Swindon, she said: The Government have no quarrel at all with the principle that the public should be kept fully informed in the event of a nuclear accident of radiological safety significance, whether it occurs in this country or abroad". While I am grateful to the noble Baroness for tracking my amendment, I wonder whether she would care to comment—she knows that 1 gave her notice of this point—on the possibility that at Third Reading there might be an extension of the amendment to make sure that if the Government either call for or are called on for assistance, then within reasonable parameters it should be made public.

I hope that the noble Baroness will be prepared to comment on what I have said. In the meantime, I express my gratitude for what she has done already.

Lord Hatch of Lusby

My Lords, as I took part in the Committee stage last week I should like to add my thanks to those of my noble friend Lord Williams for the understanding shown by the noble Baroness to the arguments that were put forward a week ago. Like my noble friend, I am a little disappointed at the narrowness of the terms of her amendment.

In what I said last week I gave an instance of the effects and the continuing effects of Chernobyl, which is outside the United Kingdom. What the Government presumably want, as we do, is that the British public should be fully aware, and be made fully aware, of the consequences of any nuclear accident whether it takes place in the United Kingdom or outside. Such an accident could well affect the people of the United Kingdom even if the accident did not take place within the United Kingdom. Like my noble friend, I hope that the noble Baroness will again show an empathy with the feeling of the House and at Third Reading extend the amendment or introduce another amendment so that the force of the amendment is not confined to accidents within the United Kingdom but applies to nuclear accidents wherever they may take place.

The Earl of Halsbury

My Lords, the noble Lord, Lord Williams of Elvel, described the concession made by the noble Baroness as a gift-horse. I regard it as somewhat of a sop to Cerberus. I hope that Cerberus in his various forms will accept it and that the noble Baroness will stick to her guns at Third Reading.

Lord Ezra

My Lords, on these Benches we are pleased to see the amendment and fully support it. There is substance in the point raised by the noble Lord, Lord Williams. As we have seen from Chernobyl and other experiences of that kind, if such an event were to occur, publicity would immediately arise anyway. Nevertheless, it would be useful if we were to know whether an approach had been made to the Government to help in those circumstances. I hope therefore that the noble Baroness will see her way to making that further amendment.

Lord Stoddart of Swindon

My Lords, I am grateful for the amendment. Unlike my noble friend Lord Hatch I am not disappointed with it. The amendment goes nearly as far as we want it to go. However, I hope that in her wisdom, and in the wisdom of her department, the noble Baroness will listen to what has been said. As we saw after Chernobyl, nuclear accidents cause worldwide problems and we need worldwide attention to deal with them. If she could go a little further noble Lords on all sides of the House would be extremely grateful. The British people and other peoples could then sleep just a little more quietly in their beds.

Baroness Hooper

My Lords, I recognise that the discussion in Committee was more wide-ranging in its scope than the amendment then on the Order Paper warranted. I shall of course read what has been said to ensure that I fully take on board the points made. 1 can confirm that the Government have no quarrel with the principle that the public should be kept fully informed in the event of a nuclear accident of radiological significance whether it occurs in this country or abroad.

As I said at Second Reading, the Mutual Assistance Convention was drawn up as a consequence of the lessons learnt from Chernobyl. Your Lordships may wish to be reminded of the example of the request for assistance from Brazil in September 1987 following the release of radiation from a disused medical source in Goiania, to which the Government responded and which was made known to the public in the way that noble Lords would wish.

I can understand from his explanation this afternoon that the noble Lord, Lord Williams, desires to go as far as possible with this amendment within the terms of the convention. But there is a difference in relation to calls for assistance from abroad from the situation covered by the noble Lord's amendment in Committee and the amendment before us now. In the case of calls for assistance from abroad we must have regard to Article 6(2) of the convention. I quote: The assisting party shall make every effort to co-ordinate with the requesting state before releasing information to the public on the assistance provided in connection with a nuclear accident or radiological emergency". Clearly we would make every effort and I am sure that the noble Lord and others accept that. But there are practical considerations of co-ordination which have to he taken into account.

So we are not in exactly the same position to impose duties in relation to situations where we have been called upon for assistance as we are when we are calling for assistance. I believe that the amendment as it stands goes as far as we can go and responds to the concerns expressed in Committee. I trust that your Lordships will find it acceptable. I beg to move.

On Question, amendment agreed to.

In the Title:

Baroness Hooper moved Amendment No. 2: Line 6, leave out ("give effect to") and insert ("make provision in connection with").

On Question, amendment agreed to.