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1.15 pm
The Parliamentary Under-Secretary of State for Wales (Mr. Win Griffiths): I am grateful to the hon. Member for Meirionnydd Nant Conwy (Mr. Llwyd) for bringing this important issue of public safety before the House. I sympathise with the plight of his constituents, who have had to cope with the disruption and anxiety caused by the events at Bontddu during the past year.
In the time available, I shall try to deal with the areas of concern identified by the hon. Gentleman. If I do not deal with all of them, I will be happy to meet him and to correspond with him on the subject--although I am sure that he will understand that a number of the issues are outside my Department's direct responsibility.
There are about 15,000 retail petrol stations in Great Britain. In general, their safety record is very good. Every day, millions of people visit petrol stations to refuel their vehicles, usually in complete safety. We all tend to take that convenience for granted. However, as the hon. Gentleman pointed out, petrol is a potentially dangerous material, so it is essential that all the necessary safety controls are put in place and properly maintained.
Fortunately, injuries to members of the public following the leakage of petrol from underground tanks and pipes is rare. Nevertheless, although the recent series of incidents in Wales has resulted in only one slight injury, that is still one too many.
The hon. Gentleman has reminded us of the history of the Bontddu incident. In September last year, it was discovered that a substantial quantity of petrol had leaked
into the ground and into a nearby river from an underground storage tank. Various agencies have been involved in the response to that. Following an explosion last April, a number of homes were evacuated, as was the school--although, thankfully, the school has since reopened. From last November, the Health and Safety Executive has assisted the local authority in investigating the incident.
I am aware that the local HSE office at Wrexham has recently written to the hon. Gentleman informing him of the continuing progress of the clean-up operation. I am pleased to be able to report that a clean-up plan has been prepared by the contractors. The HSE received a copy on 12 November and has now commented on it. I expect that the contractors will start work shortly, in close consultation with local residents.
Mr. Llwyd:
I am extremely grateful to the Minister for giving way. Does he agree that 12 months is a long time in which to prepare a clean-up plan? It is a fact that the HSE did not officially become involved until March of this year, after the explosion.
Mr. Griffiths:
It is unfortunate that the matter has taken a year to come to a conclusion. Perhaps that is a lesson that we need to learn from the way that the incident has been handled. We may need to reflect on whether the HSE should become involved at an earlier stage in such incidents. We need to look at those matters.
Gwynedd county council has issued formal cautions for breaches of the petroleum licence, and other aspects of the case may result in legal proceedings. I share the concern expressed by the hon. Member for Meirionnydd Nant Conwy about the length of time that the incident has been allowed to continue, especially because of the impact on the local community. In recent months, there have been several similar incidents in Wales, and that highlights the importance of the issue raised today by the hon. Gentleman.
The hon. Gentleman may be aware that we are approaching a transition in safety law for petrol stations. Current legislation dates back to 1928 and requires anyone storing petrol to hold a licence from the local petrol licensing authority. In Wales, the authority was either the trading standards or the environmental health department of the local authority. The authority uses licence conditions to achieve the safety measures that it feels are necessary at particular sites. Local authority inspectors are able to visit sites to ensure that the licensee is complying with the licence conditions. They have the power also to take enforcement action when non-compliance is discovered.
The Government accept that current legislation is not completely satisfactory--which may be a bit of an understatement. The hon. Member for Meirionnydd Nant Conwy has certainly briefly highlighted the complexity of current legislation. As licensing authorities have a free hand in determining which conditions should apply, there are variations in controls imposed by authorities for similar petrol stations across Wales, Scotland and England. Those and other points emerged in the Health and Safety Commission's "Review of Regulation" report. As he will be aware, the commission advised the Government on safety matters and the need for changes to safety legislation.
In 1996, the Health and Safety Commission asked the Health and Safety Executive to develop modern legislation that addressed today's safety concerns at petrol stations. On 1 September 1997, the commission published a consultative document on its proposals. The closing date for comments is 1 December 1997.
The commission's principal considerations are to ensure that there is confidence that the law will apply equally to all petrol stations across the land, that the law reflects risks from petrol--especially leaks from sites--and that enforcers have effective and flexible enforcement tools when those are necessary.
I shall explain the key proposals affecting petrol storage. For the first time, the local enforcement authority's consent would be needed before the building or major alteration of a petrol situation could begin. A site developer would have to provide technical information, including details of proposed underground tanks and pipework. Consent would be based upon risk assessment of the site, which would have to take particular account of risks to the public who live in the vicinity. If the local enforcing authority is not satisfied on safety grounds, it will be able to require changes to the plans.
A new duty will be placed on site operators to ensure that petrol is stored safely. Such a duty is of particular relevance to the incident that occurred in the constituency of the hon. Member for Meirionnydd Nant Conwy, because it will require that a system is in place to detect rapidly leaks from underground tanks and pipes. There will be a requirement also to ensure that equipment is maintained in a safe condition. Those requirements will apply not only to new sites but to all sites. There will be a requirement also to make safe tanks and pipes that are no longer used. The Government plan to lay the new regulations--supported by new guidance--before the House towards the middle of 1998.
The Government realise the environmental damage caused by petrol leakage from underground tanks and are working on tackling the problem. As the hon. Member for Meirionnydd Nant Conwy said so forcefully in his speech, water pollution is the main environmental threat posed by such leaks. Under the Water Resources Act 1991, the Environment Agency is responsible for protecting controlled waters--which include inland, coastal and ground waters. As my hon. Friend the Under-Secretary of State for Environment, Transport and the Regions told the hon. Gentleman yesterday, in response to his parliamentary question, in the past two years, the Environment Agency recorded six water pollution incidents in Wales from underground storage tanks.
I should stress that, under the Water Resources Act 1991, it is a criminal offence to cause the pollution of controlled waters, whether the pollution is caused deliberately or accidentally. The Environment Agency has
made it clear that, when serious pollution is caused and the agency has adequate evidence to support a case, it will prosecute polluters.
The Government intend to strengthen further powers available to the agency. We plan soon, for example, to bring into force provisions under the 1991 Act enabling the agency to require anti-pollution works to be done. The powers should allow the agency to be more proactive in preventing water pollution from petrol filling stations.
It is vital that all Government agencies involved with petrol should work together effectively. I know that the Government and our relevant agencies--such as the Health and Safety Agency and the Environment Agency--are already considering the necessary arrangements.
As I said, the Government's plans to strengthen petrol safety controls and environmental protection are already well advanced. I hope that my hon. Friend the Member for Meirionnydd Nant Conwy--or the hon. Gentleman, as he is not quite yet an hon. Friend in the technical, House sense; outside the House, of course he is a friend--will be reassured by that.
Mr. Llwyd:
I am very grateful to the Minister for giving way a second time. I know that it will be difficult for him to say anything today about my call for a public inquiry, but will he consider that request further? I am not trying to put him on the spot, and I realise that he cannot comment on it today. Nevertheless, now that he has heard more about the incident--I also propose to write further to him on it--will he please keep the possibility open?
Mr. Griffiths:
I had planned to deal with that point, although I can well understand why the hon. Gentleman should be concerned about it, as we have reached the end of the debate and it has not yet been mentioned. I shall convey to my right hon. Friend the Deputy Prime Minister--to whom the Health and Safety Commission is responsible--the concerns expressed today by him, especially his wish that lessons should be learned from the recent events and that new controls should be introduced as speedily as possible.
I have asked that a full report be prepared of the way in which the incident has been handled, and I will arrange for it to be placed in the Library. As the hon. Gentleman rightly said, it is a very serious matter and--based on the evidence provided and the story recounted by him--I am not in a position to decide whether there should be a public inquiry. I hope that my assurance that a full history of the incident will be put on paper and placed in the Library is adequate. I will ensure also that he personally receives a copy of the report.
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