Session 2014 - 15
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429

 

SUPPLEMENT TO THE VOTES AND PROCEEDINGS

 
 

Monday 26 January 2015

 

Report Stage Proceedings

 

Infrastructure Bill [Lords], As Amended


 

New clauses, new schedules, amendments to clauses and amendments to

 

schedules relating to part 5

 

Secretary Patrick McLoughlin

 

Added  NC15

 

To move the following Clause

 

         

“Advice on likely impact of onshore petroleum on the carbon budget

 

(1)    

The Secretary of State must from time to time request the Committee on Climate

 

Change to provide advice (in accordance with section 38 of the CCA 2008) on the

 

impact which combustion of, and fugitive emissions from, petroleum got through

 

onshore activity is likely to have on the Secretary of State’s ability to meet the

 

duties imposed by—

 

(a)    

section 1 of the CCA 2008 (net UK carbon account target for 2050), and

 

(b)    

section 4(1)(b) of the CCA 2008 (UK carbon account not to exceed

 

carbon budget).

 

(2)    

As soon as practicable after each reporting period, the Secretary of State must

 

produce a report setting out the conclusions that the Secretary of State has reached

 

after considering the advice provided by the Committee on Climate Change

 

during that reporting period in response to any request made under subsection (1).

 

(3)    

The Secretary of State must lay a copy of any such report before Parliament.

 

(4)    

In this section—

 

“CCA 2008” means the Climate Change Act 2008;

 

“petroleum got through onshore activity” means petroleum got from the

 

strata in which it exists in its natural condition by activity carried out on

 

land in England and Wales (excluding land covered by the sea or any

 

tidal waters);

 

“petroleum” has the same meaning as in Part 1 of the Petroleum Act 1998

 

(see section 1 of that Act);

 

“reporting period” means—

 

(a)    

the period ending with 1 April 2016, and

 

(b)    

each subsequent period of 5 years.”

 



 
 

:                                             

430

 

, continued

 
 

Tom Greatrex

 

Richard Burden

 

Roberta Blackman-Woods

 

Negatived on division  NC1

 

To move the following Clause

 

         

“Hydraulic fracturing

 

(1)    

The Environmental Permitting (England and Wales) Regulations 2010, Schedule

 

1, Part 2, Chapter 1, is amended as follows:

 

(2)    

After Section 1.2 insert—

 

    “SECTION 1.3

 

Hydraulic Fracturing Activities

 

      

Part A(1)

 

(a)    

carrying out exploration or assessments prior to hydraulic

 

fracturing;

 

(b)    

drilling wells for use in hydraulic fracturing;

 

(c)    

process of hydraulic fracturing;

 

(d)    

decommissioning and long-term maintenance of hydraulic

 

fracturing wells.””

 


 

Tom Greatrex

 

Richard Burden

 

Roberta Blackman-Woods

 

Negatived on division  NC2

 

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.””

 



 
 

:                                             

431

 

, continued

 
 

Dr Julian Huppert

 

Martin Horwood

 

Mr Adrian Sanders

 

Mr John Leech

 

Norman Baker

 

Stephen Lloyd

 

Paul Burstow

 

Annette Brooke

 

Mr Mark Williams

 

Tim Farron

 

Roger Williams

 

Jeremy Corbyn

 

Not called  NC4

 

To move the following Clause

 

         

“Committee on Climate Change shale gas reports

 

It shall be a duty of the Committee on Climate Change to produce Reports into

 

the effects of exploitation of shale gas in the UK on net carbon emissions from

 

the UK.”

 


 

Norman Baker

 

Dr Julian Huppert

 

Caroline Lucas

 

Mr Adrian Sanders

 

Stephen Lloyd

 

Annette Brooke

 

Martin Horwood

 

Mr Michael Thornton

 

John McDonnell

 

Jeremy Corbyn

 

Mr Mark Williams

 

Roger Williams

 

Not called  NC6

 

To move the following Clause

 

         

“Hydraulic Fracturing exclusion zones

 

(1)    

The Petroleum Act 1998 is amended as follows.

 

(2)    

In Section 3, after subsection (4), insert—

 

“(5)    

No licences shall be granted to search and bore for petroleum in protected

 

areas using the process of hydraulic fracturing.

 

(6)    

For the purposes of this section, “protected area” means—

 

(a)    

special areas of conservation under the Conservation (Natural

 

Habitats, &c) Regulations 1994,

 

(b)    

special protection areas under the Wildlife and Countryside Act

 

1981,

 

(c)    

sites of special scientific interest under the Wildlife and

 

Countryside Act 1981,

 

(d)    

national parks under the National Parks and Access to the

 

Countryside Act 1949,

 

(e)    

The Broads under the Norfolk and Suffolk Broads Act 1988, and


 
 

:                                             

432

 

, continued

 
 

(f)    

areas of outstanding natural beauty under the Countryside and

 

Rights of Way Act 2000.”

 


 

Miss Anne McIntosh

 

Not called  NC7

 

To move the following Clause

 

         

“Environmental Impact Assessment: publication

 

(1)    

Any Environmental Statement undertaken in respect of the possible exploitation

 

of petroleum or deep geothermal energy, under the Town and Country Planning

 

(Environmental Impact Assessment) Regulations 2011, must be publicised

 

before a planning application is submitted to the local planning authority and/or

 

the Secretary of State.

 

(2)    

The publication of an Environmental Statement under subsection (1) must be in

 

accordance with the procedures set out in Article 13 of the Town and Country

 

Planning (Development Management Procedure) (England) Order 2010.”

 


 

Miss Anne McIntosh

 

Ms Margaret Ritchie

 

Not called  NC8

 

To move the following Clause

 

         

“Impact on rural communities

 

The Secretary of State for Environment, Food and Rural Affairs must, within one

 

month of this Act receiving Royal Assent, lay before the House of Commons the

 

full report on Shale Gas Rural Economy Impacts.”

 



 
 

:                                             

433

 

, continued

 
 

Yasmin Qureshi

 

Mr Roger Godsiff

 

Martin Caton

 

Mr Michael Thornton

 

John Mann

 

Caroline Lucas

 

Hywel Williams

 

Dr Julian Huppert

 

Dr Alan Whitehead

 

Mr Mark Williams

 

Joan Walley

 

Roger Williams

 

Jeremy Corbyn

 

Negatived on division  NC9

 

To move the following Clause

 

         

“Moratorium on onshore unconventional petroleum

 

(1)    

All use of land for development consisting of the exploitation of unconventional

 

petroleum in Great Britain shall be discontinued during the relevant period.

 

(2)    

The Secretary of State must ensure that an independent assessment is undertaken

 

of the exploitation of unconventional petroleum in Great Britain including the use

 

of high volume hydraulic fracturing.

 

(3)    

The assessment must take account of the impacts of the exploitation of the

 

unconventional petroleum on—

 

(a)    

climate change;

 

(b)    

the environment;

 

(c)    

health and safety; and

 

(d)    

the economy.

 

(4)    

The Secretary of State must—

 

(a)    

consult such persons as the Secretary of State thinks fit; and

 

(b)    

publish the assessment

 

    

within the relevant period.

 

(5)    

For the purposes of subsections (1) to (4)—

 

“relevant period” means a period of not less than 18 months and not more

 

than 30 months commencing on the date two months after Royal Assent;

 

“unconventional petroleum” means petroleum which does not flow readily

 

to the wellbore.

 

(6)    

In section 3 of the Petroleum Act 1998, at the end of subsection (4) add “and

 

subsection (4A).

 

(4A)    

Nothing in this section permits the grant of a licence to search and bore

 

for and get unconventional petroleum in Great Britain during the relevant

 

period.

 

(4B)    

For the purposes of subsection (4A) “relevant period” and

 

“unconventional petroleum” have the meaning specified in section

 

[Moratorium on onshore unconventional petroleum] of the Infrastructure

 

Act 2015.”

 



 
 

:                                             

434

 

, continued

 
 

Charles Hendry

 

Joan Walley

 

Dan Byles

 

Paul Farrelly

 

Peter Aldous

 

Mrs Mary Glindon

 

Sir Robert Smith [R]

 

John Hemming

 

Mr Graham Brady

 

Mr Graham Stuart

 

Sir William Cash

 

Sir Peter Luff

 

Not called  NC10

 

To move the following Clause

 

         

“The security of supply of gas

 

(1)    

The Secretary of State shall, in accordance with section 4AA of the Gas Act 1986

 

and so far as it appears to him practicable from time to time, keep under review

 

whether further measures may be appropriate in order to protect the interests of

 

existing and future consumers in relation to the security of the supply of gas to

 

them.

 

(2)    

For the purposes of subsection (1), the Secretary of State may direct the Gas and

 

Electricity Markets Authority to conduct a Significant Code Review in relation to

 

whether modifications to licences granted under Part 1 of the Gas Act 1986 or to

 

the Uniform Network Code are appropriate in order to underpin the demand for

 

and the security of supply of gas.

 

(3)    

For the purposes of this section—

 

“consumers”, for the avoidance of doubt, includes domestic and non-

 

domestic consumers;

 

“Significant Code Review” has the meaning given in Standard Special

 

Condition A11 (24) of licences granted under section 7 of the Gas Act

 

1986;

 

“Uniform Network Code” means the document of that title required to be

 

prepared pursuant to Standard Special Condition A11 of licences granted

 

under section 7 of the Gas Act 1986.

 


 

Charles Hendry [R]

 

Joan Walley

 

Dan Byles

 

Paul Farrelly

 

Peter Aldous

 

Mrs Mary Glindon

 

Sir Robert Smith [R]

 

John Hemming

 

Mr Graham Brady

 

Mr Graham Stuart

 

Sir William Cash

 

Sir Peter Luff

 

Not called  NC11

 

To move the following Clause

 

         

“Annual report by Secretary of State on security of energy supplies

 

(1)    

Section 172 of the Energy Act 2004 (annual report on security of energy supplies)

 

is amended as follows.

 

(2)    

In subsection (2), at the end insert—


 
 

:                                             

435

 

, continued

 
 

“(e)    

the security of supply of gas to consumers in Great Britain, including

 

available storage capacity, and any appropriate remedial measures.””

 


 

Tom Greatrex

 

Caroline Flint

 

Geraint Davies

 

Added  NC19

 

To move the following Clause

 

         

“Hydraulic fracturing: necessary conditions

 

Any hydraulic fracturing activity can not take place:

 

(a)    

unless an environmental imapct assessment has been carried out;

 

(b)    

unless independent inspections are carried out of the integrity of wells

 

used;

 

(c)    

unless monitoring has been undertaken on the site over the previous 12

 

month period;

 

(d)    

unless site-by-site measurement, monitoring and public disclosure of

 

existing and future fugitive emissions is carried out;

 

(e)    

in land which is located within the boundary of a groundwater source

 

protection zone;

 

(f)    

within or under protected areas;

 

(g)    

in deep-level land at depths of less than 1,000 metres;

 

(h)    

unless planning authorities have considered the cumulative impact of

 

hydraulic fracturing activities in the local area;

 

(i)    

unless a provision is made for community benefit schemes to be provided

 

by companies engaged in the extraction of gas and oil rock;

 

(j)    

unless residents in the affected area are notified on an individual basis;

 

(k)    

unless substances used are subject to approval by the Environment

 

Agency

 

(l)    

unless land is left in a condition required by the planning authority, and

 

(m)    

unless water companies are consulted by the planning authority.”

 


 

Miss Anne McIntosh

 

Not selected  NC25

 

Parliamentary Star - white    

To move the following Clause

 

         

“Seismic activity: monitoring

 

(1)    

Any operator will be obliged to cease hydraulic fracturing activity if a tremor of

 

magnitude 0.5 or greater is detected.

 

(2)    

The Health and Safety Executive will be responsible for monitoring the

 

requirement under subsection (1).”

 



 
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