This item was published during the term of a previous administration that ended in April 2007
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Nuclear decommissioning
27/01/2004
The Executive will be given additional powers to oversee
the activities of the nuclear industry in Scotland, under
new proposals in a UK Energy Bill.
The Bill will establish the Nuclear Decommissioning
Authority (NDA) to take strategic responsibility for
cleaning-up sites currently owned by the United Kingdom
Atomic Energy Authority (UKAEA) and British Nuclear Fuels
(BNFL).
It will be required to have full regard to environmental
protection, safety, security, value for money and the
promotion of public confidence through openness and
transparency.
The Executive will share powers with Westminster to
direct the NDA in its activities in Scotland.
Giving evidence to the Parliament's Enterprise
Committee, Deputy Environment and Rural Development
Minister Alan Wilson said:
"The Executive is committed to protecting Scotland's
environment and developing a sustainable energy policy.
"For the first time, under proposals in the Energy Bill,
Scottish Ministers and Members of the Scottish Parliament
will have a direct role in key activities which take place
on important nuclear sites in Scotland.
"The creation of the NDA, a single UK public body with
responsibility for cleaning up civil nuclear sites, means
that Scottish Ministers will be partners in creating a
strategy to tackle our civil nuclear legacy.
"The Executive will be closely involved in appointments
to the NDA, the development of its strategy and the
formulation of its annual plans.
"The Committee on Radioactive Waste Management is now
working to identify the best environmental solutions for
the disposal of waste generated through our civil nuclear
energy industry.
"No decisions have been reached. Their proposals for the
long-term management of radioactive waste will be submitted
to Ministers for decision.
"Any decision on the disposal of radioactive waste on
sites in Scotland would be subject to the approval of
Scottish Ministers.
"We will also decide jointly with Westminster colleagues
strategies for the clean up, decommissioning, treatment and
storage of hazardous materials on non-licenced sites in
Scotland and will work closely with Westminster on storage
and treatment of waste on licenced sites.
"With this Bill, we have secured a vital role for
Scotland in the clean-up of our key nuclear sites:
Dounreay, Hunterston A and Chapelcross."
Nothing in the Scotland Act 1998 prevents the UK
Parliament from
legislating about matters within the legislative
competence of the Scottish Parliament. However, during the
passage of the Scotland Bill, Lord Sewel announced to the
House of Lords on July 21, 1998 that the UK Government:
"would expect a convention to be established that
Westminster would not normally legislate with regard to
devolved matters in Scotland without the consent of the
Scottish Parliament"
The Convention was subsequently endorsed by the House of
Commons during
the debate on the procedural consequences of
devolution on October 21, 1999.
The Convention applies to:
* Government Bills
* hand-out Bills and other Private Member's Bills,
and
* private legislation.
It does not apply to Bills which apply to Scotland but
relate to reserved
matters. Nor does it apply to such Bills where they
contain provisions making incidental or consequential
changes to Scots law on non-reserved matters.
A total of 46 Sewel motions have been agreed by the
Parliament, including
four which related to Bills which had already been
introduced at Westminster on July 1, 1999.
The Energy Bill provides for the creation of the Nuclear
Decommissioning
Authority (NDA) as a UK-wide Non Departmental Public
Body, and amendments to the Radioactive Substances Act 1993
(RSA93). These provisions were originally published as
proposals in the White Paper Managing the Nuclear Legacy; A
Strategy for Action, by the Department of Trade and
Industry (DTI) in July 2002.
Following public consultation on the White Paper, the
Executive worked closely with the DTI to bring forward
draft legislation in the form of the Nuclear Sites and
Radioactive Substances Bill. The draft Bill was published
on June 24, 2003 for further public consultation. The
White Paper recognised that some proposals would impact on
both reserved and devolved matters, as did the Explanatory
Notes which were published with the draft Bill
The primary purpose of the NDA will be to ensure a
strategic and consistent approach to decommissioning across
the public sector nuclear industry. It will be a strategic
body, owning, but not directly operating sites such as
Dounreay, Chapelcross and Hunterston A and funded by the UK
Government. It will have cross-border status and will be
an open and transparent organisation, with a programme of
public/stakeholder involvement in its activities.
Under the provisions of the Energy Bill, the Scottish
Ministers will be
jointly responsible, with the Secretary of State, for
directing the NDA in relation to its disposal activities in
Scotland. In addition, the Secretary of State will be
required to consult the Scottish Ministers when directing
the NDA with regard to the treatment and storage of
radioactive waste on nuclear licensed sites in Scotland.
The Scottish Ministers will also be consulted on
appointments to the NDA Board.