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‘(1) The Electricity Act 1989 (c. 29) is amended as follows.
(2) In section 3D(2) (exceptions from sections 3A to 3C) delete the words “or 37”.
(3) In section 29 (regulations relating to supply and safety), after subsection (2)(g) insert—
“(h) specify the distance at which any new high voltage line should be installed from any existing development.”.
(4) In Schedule 8 (consents under sections 36 and 37) at the end of paragraph 2(1) insert “and the Health Protection Agency.”.
(5) In Schedule 8 (consents under sections 36 and 37) in paragraph 2(2) after “relevant planning authority” insert “or the Health Protection Agency”.
(6) In Schedule 8 (consents under sections 36 and 37) after paragraph 2(6) insert—
“(7) In this Schedule “Health Protection Agency” has the same meaning as in the Health Protection Agency Act 2004 (c. 17) and includes any successor to its functions in respect of radiation.”’.— [Dr. Iddon.]
Brought up, and read the First time.
Dr. Iddon: I beg to move, That the clause be read a Second time.
Madam Deputy Speaker (Sylvia Heal): Order. If hon. Members are remaining in the Chamber, will they please keep the level of their conversations down so that we can hear the hon. Gentleman moving this new clause?
Dr. Iddon: Thank you, Madam Deputy Speaker.
This is an issue that I tried to raise in Committee by way of an amendment, but ironically it was not selected, so I am pleased to see that it has been selected for
debate this afternoon. Many people have been worried about the possibility of a link between childhood leukaemia and electromagnetic fields from high-voltage power cables. As mentioned in Committee, the Department of Health funded the Draper report, which found that children living within 200 m of high-voltage power lines from birth had a 70 per cent. increased risk of developing childhood leukaemia. [ Interruption. ] The Government have received recommendations for action on the matter from the Health Protection Agency, from SAGE, which is the Government’s stakeholder group, and from Back Benchers, who carried out a public inquiry under the direction of my hon. Friend the Member for Norwich, North (Dr. Gibson). [ Interruption. ]
Madam Deputy Speaker: Order. The House really must come to order for the remaining part of the debate.
Dr. Iddon: The inquiry looked at the possible links between childhood leukaemia and EMF from the high-voltage power lines. The passage of the Energy Bill has provided the Government with an ideal opportunity to implement what we regard as precautionary measures to protect children’s health. The Electricity Act 1989 provides the Secretary of State and the Gas and Electricity Markets Authority, which is Ofgem’s governing body, with a duty to protect the public from dangers arising from the generation, transmission, distribution and supply of electricity. However, the Act specifies that that duty does not apply to applications for high-voltage overhead power lines. Subsections (1) and (2) of the new clause would remove that exemption.
Electricity companies are subject to strict regulation, which is dominated by pricing factors. They will give only as much consideration to this issue as they are legally obliged to. A statutory responsibility to consider public health when installing new overhead power lines would allow the electricity companies to take precautionary measures and allay the concerns about passing on costs to the consumer. A statutory responsibility might also encourage creative solutions from the private sector concerning ways to reduce and prevent EMF exposure, or even industry voluntary codes on prudent avoidance, which would minimise cost to industry and electricity consumers. The other subsections of the new clause would give the Minister other powers allowing him to protect the public health of young children who live in close proximity to high-voltage power lines.
The new clause would mandate the electricity transmission companies to put their new power lines as far away from buildings in which people live or work as possible. Given that a new power line will be built across Scotland shortly and that a major new power line will bring transmission from Scotland to the north of England, the new clause is necessary.
In view of the limited time available, I hope that the Government will give the matter further consideration, if not today, because of lack of time, in the other place.
It being Six o’clock, Madam Deputy Speaker put forthwith the Question necessary for the disposal of the business to be concluded at that hour, pursuant to Order [22 January].
Amendment made: No. 2, page 2, line 28, at end insert—
‘( ) But subsection (1) is subject to section [Exception for activities carried on partly on land etc].’.— [Malcolm Wicks.]
Amendment made: No. 3, page 4, line 33, at end insert—
‘( ) But subsections (1) and (2) are subject to section [Exception for activities carried on partly on land etc].’.— [Malcolm Wicks.]
Amendments made: No. 4, page 8, line 39, leave out ‘other than’ and insert ‘except’.
No. 5, page 9, line 13, leave out ‘other than the territorial sea adjacent to Scotland’.— [Malcolm Wicks.]
Amendments made: No. 6, page 9, line 17, for ‘Secretary of State’ substitute ‘licensing authority’.
No. 7, page 9, line 18, at end insert—
‘(1A) The licensing authority is—
(a) in the case of a licence in respect of activities within section 16(2)(a) to (c) and a controlled place which is not in, under or over the territorial sea adjacent to Scotland, the Secretary of State,
(b) in the case of a licence in respect of such activities and a controlled place which is in, under or over that territorial sea, the Scottish Ministers,
(c) in the case of a licence in respect of such activities and a controlled place only part of which is in, under or over that territorial sea, either the Secretary of State or the Scottish Ministers, and
(d) in the case of a licence in respect of activities within section 16(2)(d), whichever of the Secretary of State or the Scottish Ministers licenses the activities for the purposes of which the installation is established or maintained;
and in this Chapter references to the licensing authority in relation to a licence falling within paragraph (c) are references to the person who grants the licence or, if the licence has not yet been granted, to whom the application for the licence was made.’.— [Malcolm Wicks.]
Amendments made: No. 8, page 9, line 26, leave out ‘The Secretary of State’ and insert ‘Each licensing authority’.
No. 9, page 9, line 27, leave out ‘licences may be granted’ and insert ‘it may grant licences’.— [Malcolm Wicks.]
Amendments made: No. 10, page 10, line 3, leave out ‘Secretary of State’ and insert ‘licensing authority’.
No. 11, page 10, line 15, leave out ‘Secretary of State’ and insert ‘licensing authority’.
No. 12, page 10, line 17, leave out ‘Secretary of State’ and insert ‘licensing authority’.
No. 13, page 10, line 20, leave out ‘Secretary of State’ and insert ‘licensing authority’.
No. 14, page 10, line 41, leave out ‘Secretary of State’ and insert ‘licensing authority’.
No. 15, page 10, line 47, leave out ‘Secretary of State’ and insert ‘licensing authority’.
No. 16, page 11, line 5, leave out ‘Secretary of State’ and insert ‘licensing authority’.— [Malcolm Wicks.]
Amendments made: No. 17, page 11, line 11, leave out ‘The Secretary of State’ and insert ‘Each licensing authority’.
No. 18, page 11, line 12, after ‘licences’, insert ‘granted by it’.— [Malcolm Wicks.]
Amendments made: No. 19, page 11, line 36, leave out ‘Secretary of State’ and insert ‘licensing authority’.
No. 20, page 12, line 3, leave out ‘Secretary of State’ and insert ‘licensing authority’.
No. 21, page 12, line 20, leave out ‘Secretary of State’ and insert ‘licensing authority’.
No. 22, page 12, line 25, leave out ‘Secretary of State’ and insert ‘licensing authority’.— [Malcolm Wicks.]
Amendments made: No. 23, page 12, line 34, leave out ‘Secretary of State’ and insert ‘licensing authority’.
No. 24, page 12, line 35, leave out ‘Secretary of State’ and insert ‘licensing authority’.
No. 25, page 12, line 37, leave out ‘Secretary of State’ and insert ‘licensing authority’.
No. 26, page 12, line 40, leave out ‘Secretary of State’ and insert ‘licensing authority’.
No. 27, page 13, line 8, leave out ‘Secretary of State’ and insert ‘licensing authority’.
No. 28, page 13, line 10, leave out ‘Secretary of State’ and insert ‘licensing authority’.— [Malcolm Wicks.]
Amendments made: No. 29, page 13, line 22, at end insert—
‘(Z1) Where the Scottish Ministers consider it necessary or expedient to restrain any actual or apprehended breach of section 16(1) in relation to a controlled place in, under or over the territorial sea adjacent to Scotland, they may apply to the Court of Session for an interdict.’.
No. 30, page 13, line 23, after ‘any’, insert ‘other’.
No. 31, page 13, leave out line 25 and insert ‘—
(a) to the High Court for an injunction, or
(b) to the Court of Session for an interdict.’.
No. 32, page 13, line 26, leave out ‘whether or not the Secretary of State’ and insert
‘under this section whether or not the applicant’.
No. 33, page 13, line 29, leave out from ‘under’ to ‘thinks’ in line 30 and insert
‘this section, the Court of Session may grant such an interdict, or the High Court may grant such an injunction, as it’.
No. 34, page 13, line 34, leave out subsection (5).— [Malcolm Wicks.]
Amendment made: No. 35, page 14, line 14, at end insert—
‘( ) This section applies in relation to the Scottish Ministers and the functions of the Scottish Ministers under this Chapter as it applies in relation to the Secretary of State and the functions of the Secretary of State under this Chapter.’.— [Malcolm Wicks.]
Amendments made: No. 36, page 15, line 1, leave out from ‘if’ to end of line 5 and insert ‘—
‘(a) the Secretary of State thinks that disclosure of the information would be contrary to the interests of national security, or
(b) the licensing authority thinks that disclosure of the information would prejudice to an unreasonable degree a person’s commercial interests.’.
No. 37, page 15, line 9, leave out ‘Secretary of State’ and insert ‘licensing authority’.
No. 38, page 15, line 10, leave out ‘Secretary of State’ and insert ‘licensing authority’.— [Malcolm Wicks.]
Amendments made: No. 39, page 15, line 28, at end insert
‘, subject to subsections (1A) and (2).
(1A) In relation to a carbon storage installation established or maintained at a controlled place under a licence granted by the Scottish Ministers—
(a) the functions conferred on the Secretary of State by Part 4 of the 1998 Act are exercisable by the Scottish Ministers rather than the Secretary of State (and,
accordingly, the reference in section 39(6) of the 1998 Act to either House of Parliament is to be read as a reference to the Scottish Parliament), and
(b) the Scottish Ministers may make regulations providing that that Part applies with such other modifications as may be specified in the regulations.
(1B) For the purposes of subsection (1A), orders under section 32(1) are to be disregarded and installations used for a purpose ancillary to getting petroleum (within the meaning of section 1 of the 1998 Act) are not to be treated as carbon storage installations.’.
No. 40, page 15, line 29, leave out ‘But’ and insert
‘In relation to any other carbon storage installation’.
No. 41, page 15, line 30, leave out ‘a carbon storage’ and insert ‘such an’.— [Malcolm Wicks.]
Amendments made: No. 42, page 15, line 37, leave out ‘Secretary of State’ and insert ‘licensing authority’.
No. 43, page 15, line 39, leave out ‘Secretary of State’ and insert ‘licensing authority’.— [Malcolm Wicks.]
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