Nuclear Safeguards Bill

Commons amendment in lieu

[The page and line references are to HL Bill 81, the bill as first printed for the Lords.]

LORDS AMENDMENT 3

After Clause 1

Insert the following new Clause—

“Agreements required before withdrawal

(1)    

In the event that any of the agreements listed in subsection (3) are not in

place on 1 March 2019, a Minister of the Crown must, as part of the

negotiations regarding the United Kingdom’s withdrawal from the

European Atomic Energy Community Treaty, request to suspend the

United Kingdom’s withdrawal until either—

(a)    

the agreements listed in subsection (3) are in place, or

(b)    

other arrangements have been made to enable the United Kingdom

to continue to benefit from existing nuclear safeguards

arrangements until the agreements listed in subsection (3) are in

place.

(2)    

For the avoidance of doubt, a request for suspension under subsection (1)

applies only to withdrawal from the European Atomic Energy Community

Treaty and to no other part of the United Kingdom’s negotiations for

withdrawal from the European Union.

(3)    

The relevant agreements are—

(a)    

an agreement between the United Kingdom and the International

Atomic Energy Agency recognising the Office for Nuclear

Regulation as the approved United Kingdom safeguarding

authority in place of the European Atomic Energy Community;

(b)    

a Voluntary Offer Agreement between the United Kingdom and the

International Atomic Energy Agency resulting from the United

Kingdom no longer being a member of the European Atomic

Energy Community; and

(c)    

relevant international agreements with those nations with which

the United Kingdom has exercised rights in the last three years as a

party to agreements made by the European Atomic Energy

Community.”

COMMONS AMENDMENT IN LIEU

The Commons disagree with Lords Amendment 3 but propose Amendment 3A in lieu

After Clause 3

“Request for continuation of existing arrangements

(1)    

The Secretary of State must make a relevant request to the European

Council if neither of conditions 1 and 2 is met at the beginning of the period

of 28 days ending with exit day.

(2)    

Condition 1 is that all of the principal international agreements have been

signed.

(3)    

Condition 2 is that—

(a)    

one or more of the principal international agreements have not been

signed, but

(b)    

in respect of each agreement that has not been signed,

arrangements for the corresponding Euratom arrangements to have

effect in relation to the United Kingdom after exit day—

(i)    

have been made, or

(ii)    

will, in the Secretary of State’s opinion, have been made

before exit day.

(4)    

A “relevant request” is a request, in relation to each principal international

agreement that has not been signed and in respect of which subsection

(3)(b) does not apply, for the corresponding Euratom arrangements to

continue to have effect in relation to the United Kingdom after exit day

until—

(a)    

the principal international agreement comes into force, or

(b)    

arrangements have been made for the corresponding Euratom

arrangements to have effect in relation to the United Kingdom until

further notice.

(5)    

The “principal international agreements” are—

(a)    

agreements relating to nuclear safeguards to which only the United

Kingdom and the International Atomic Energy Agency are parties;

(b)    

agreements relating to nuclear safeguards to which the United

Kingdom is a party with, respectively, the governments of

Australia, Canada, Japan and the United States of America (and for

this purpose “agreement” includes an agreement or other

arrangement that modifies or supplements an existing agreement).

(6)    

A reference in this section to “the corresponding Euratom arrangements” is

a reference—

(a)    

in the case of an agreement referred to in subsection (5)(a), to

whichever of the Safeguards Agreement and the Additional

Protocol corresponds to the agreement;

(b)    

in the case of an agreement referred to in subsection (5)(b), to

whichever of the agreements to which Euratom is a party with the

government of Australia, Canada, Japan or the United States of

America corresponds to the agreement (and for this purpose the

reference to an agreement to which Euratom is a party includes any

agreement or other arrangement that modifies or supplements the

agreement).

(7)    

In this section—

“exit day” has the same meaning as in the European Union

(Withdrawal) Act 2018 (and references to before or after exit day are

to be read accordingly);

“the Safeguards Agreement” and “the Additional Protocol” have the

same meaning as in the Nuclear Safeguards Act 2000;

“signed”, in relation to a principal international agreement, means

signed by both parties to the agreement.”