House of Commons Amendments

Session 2014 - 15
Internet Publications
Other Bills before Parliament

35

House of Commons

Thursday 18 December 2014

Public Bill Committee

New Amendments handed in are marked thus

Amendments which will comply with the required notice period at their next appearance

Infrastructure Bill [Lords]

Note

The Amendments have been arranged in accordance with the Order of the

Committee [16 December 2014].

Richard Burden

Schedule  3,  page  87,  line  5,  at end insert—

“(d)
the change in employment shall not alter the terms and conditions of that

person’s employment.”

Richard Burden

Clause  20,  page  12,  line  33,  at end insert—

“(iii)
which is not a species of Community Interest as defined under

the Habitats Directive (92/43/EEC of 21 May 1992)”

Mr John Hayes

Clause  21,  page  23,  line  4,  at end insert—

  “NOTE. The common name or names given in the first column of this

Schedule are included by way of guidance only; in the event of any

Public Bill Committee:
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dispute or proceedings, the common name or names shall not be taken

into account.”

Member’s explanatory statement

This secures that the scientific name of the animals listed is determinative.

Mr John Hayes

Clause  21,  page  23,  line  9,  at end insert—

  “NOTE. The common name or names given in the first column of this

Schedule are included by way of guidance only; in the event of any

dispute or proceedings, the common name or names shall not be taken

into account.”

Member’s explanatory statement

This secures that the scientific name of the animals listed is determinative,

Mr Nick Raynsford

Dr Alan Whitehead


Clause  32,  page  34,  line  29,  at end insert “and where the requirement cannot

reasonably be met on the building site.”

Mr Nick Raynsford

Dr Alan Whitehead


Clause  32,  page  36,  line  5,  at end insert—

“(7)
No variation to the requirement of the building regulations in respect of a

building‘s contribution to or effect on emissions of carbon dioxide may be made

solely by regard to the number of buildings on any particular building site.”

Caroline Lucas

Norman Baker

Page  39,  line  1,  leave out Clause 36.

Member’s explanatory statement

This deletes the Clause that puts into primary legislation a new duty to maximise the economic

recovery of UK oil and gas.

Tom Greatrex

Clause  36,  page  39,  line  10,  after “industry”, insert “and the co-ordination of the

transportation and storage of CO2”

Public Bill Committee:
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Caroline Lucas

Norman Baker

Page  45,  line  12,  leave out Clauses 38 to 43.

Member’s explanatory statement

This deletes the Clauses that change the trespass law by introducing a new right to use deep-level

land, which would allow fracking companies to drill beneath people’s homes and land without

their permission and to leave any substance or infrastructure in the land.

Tom Greatrex

Clause  38,  page  45,  line  22,  at end insert—

“(3A)
The Secretary of State shall, before the award of licences in relation to the use of

deep-level land for onshore oil and gas exploration, issue additional planning

guidance introducing a presumption against such developments within or under

protected areas and functionally linked land.”

Tom Greatrex

Clause  39,  page  45,  line  32,  leave out “any substance” and insert “substances

approved by the Environment Agency”

Tom Greatrex

Clause  39,  page  46,  line  2,  after “use”, insert “, subject to the conditions laid out in

planning permission”

Tom Greatrex

Clause  39,  page  46,  line  3,  at end insert—

“(3A)

(a)
The right of use shall be conditional on operators undertaking site-by-site

measurement, monitoring and public disclosure of existing and future

fugitive emissions.

(b)
In this section, “fugitive emissions” shall mean releases arising from, but

not limited to, flaring, venting, storage and transportation leakages.”

Tom Greatrex

Clause  39,  page  46,  line  3,  at end insert—

“( )
Before a well design is commenced or adopted in connection with the

exploitation of petroleum the right of use requires the Health and Safety

Executive to inspect the well so as to satisfy itself that—

(a)
so far as is reasonably practicable, there can be no unplanned escape of

fluids from the well; and

(b)
risks to the health and safety of persons from it or anything in it, or in

strata to which it is connected, are as low as is reasonably practicable.

Public Bill Committee:
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( )
Where the Health and Safety Executive is satisfied that a condition in subsection

( ) is met, it shall give notice to the Secretary of State.

( )
The Secretary of State shall publish the information received from the Health and

Safety Executive in accordance with sub-paragraph ( ).”

New Clauses

Tom Greatrex

NC1

To move the following Clause—


“Exploitation of petroleum on deep-level land: cumulative impacts

The Secretary of State should amend the National Planning Policy Framework to

require planning authorities to consider the cumulative impacts of exploiting

petroleum on deep-level land.”

Tom Greatrex

NC2

To move the following Clause—


“Underground access: environmental protection

(1)
All sites extracting petroleum under the provisions of section 38 must—

(a)
carry out an Environmental Impact Assessment;

(b)
ensure that independent inspections are carried out of the integrity of

wells used;

(c)
publicly disclose the chemicals used for the extraction process, and the

proportions in which they are used on a well-by-well basis;

(d)
consult with the relevant water company; and

(e)
carry out monitoring over the previous 12 month period.

(2)
The Secretary of State shall by regulations specify what data shall be required

under paragraph (e).

(3)
Regulations under subsection (2) must specify as required data the levels of

methane in the groundwater and ecological studies, that data shall include but is

not limited to levels of methane in the groundwater and ecological studies.

(4)
Regulations under subsection (2) must be made by statutory instrument and may

not be made unless a draft of the instrument has been laid before and approved by

a resolution of each House of Parliament.”

Public Bill Committee:
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Tom Greatrex

NC3

To move the following Clause—


“Shale gas extraction: devolution

(1)
The Scotland Act 1998 is amended as follows.

(2)
In Schedule 5, Part II, section D2, after “gas other than through pipes.”, insert—


“the licensing of onshore shale gas extraction underlying Scotland.


responsibility for mineral access rights for onshore extraction of shale

gas in Scotland.”

Richard Burden

NC4

To move the following Clause—


“Walking and cycling

Within six months of the day on which this Act is passed, Her Majesty’s

Government shall lay before Parliament a strategy which establishes long-term

commitment and funding to increase rates of walking and cycling, including in

the planning of infrastructure projects.”

Richard Burden

NC5

To move the following Clause—


“Route Strategies

(1)
The strategic highways company shall produce route strategies for all highways

under its control (“specified highways”) and shall ensure such strategies remain

up to date.

(2)
In deciding how to divide up specified highways into route strategies, the

strategic highways company shall have due regard to local government

boundaries and travel to work areas.

(3)
Route strategies shall consider—

(a)
other transport modes, including railways and port facilities, that are

served by specified highways or run parallel to them;

(b)
the interaction between specified highways and other highways;

(c)
opportunities to secure the expeditious movement of people and freight;

and

(d)
opportunities to reduce environmental impacts.

Public Bill Committee:
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(4)
The strategic highways company must—

(a)
carry out such consultation, and arrange for such publicity, as the

strategic highways company thinks appropriate in relation to a route

strategy;

(b)
consult such persons, and such descriptions of persons, as may be

prescribed;

(c)
have regard to the responses to the consultation and publicity in deciding

whether to proceed with a route strategy.

(5)
In setting or varying a Roads Investment Strategy, the Secretary of State shall

have due regard to route strategies.

(6)
The Secretary of State may make regulations about route strategies.”

Sir Andrew Stunell

Mr Jeremy Browne

NC6

To move the following Clause—


“Carbon compliance standard for new homes

(1)
The Secretary of State must within six months of the passing of this Act make

regulations under section 1(1) of the Building Act 1984 for the purpose of

ensuring that all new homes built from 2016 achieve a carbon compliance

standard.

(2)
For the purpose of subsection (1), “carbon compliance standard” means an

absolute limit on the predicted emissions of carbon dioxide (and other greenhouse

gases expressed as equivalents) per square metre of the internal floor space per

year of—

(a)
10 kg in the case of detached houses;

(b)
11 kg in the case of attached houses;

(c)
14 kg in the case of flats.

(3)
Any further regulations made by the Secretary of State requiring persons

constructing new homes to achieve reductions in carbon dioxide emissions

elsewhere than on the site of such homes shall only be applicable in

circumstances where the improvements set out in subsection (2) have been

achieved.”

Public Bill Committee:
41

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Andrew Miller

NC7


To move the following Clause—


“Petroleum extraction: environmental base line data

All sites extracting petroleum under the provisions of section 38 must publish all

environmental base line data collated over the designated period, in a manner that

allows it to be subjected to scientific peer review.”

Member’s explanatory statement

The purpose is to ensure that disputes over what was naturally occurring prior to extraction can

be resolved.

Mr John Hayes

Clause  49,  page  54,  line  41,  leave out subsection (2).

Member’s explanatory statement

This amendment removes the words inserted by the Lords to avoid questions of privilege.

Order of the House [8 DECEMBER 2014]

That the following provisions shall apply to the Infrastructure Bill [Lords]:

Commital

1.
The Bill shall be committed to a Public Bill Committee

Proceedings in Committee

2.
Proceedings in the Public Bill Committee shall (so far as not previously

concluded) be brought to a conclusion on Thursday 15 January 2015.

3.
The Public Bill Committee shall have leave to sit twice on the first day on

which it meets.

Consideration and Third Reading

4.
Proceedings on Consideration shall (so far as not previously concluded) be

brought to a conclusion one hour before the moment of interruption on the

day on which those proceedings are commenced.

5.
Proceedings on Third Reading shall (so far as not previously concluded) be

brought to a conclusion at the moment of interruption on that day.

6.
Standing Order No. 83B (Programming committees) shall not apply to

proceedings on Consideration and Third Reading..

Other proceedings

7.
Any other proceedings on the Bill (including any proceedings on

consideration of any message from the Lords) may be programmed.



© Parliamentary copyright	Revised 18 December 2014