My Lords, this statutory instrument will change the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2009. These regulate the transport of most dangerous goods in Great Britain, and this instrument will update the sections that deal specifically with radioactive materials.
The amendments in the instrument will strengthen Great Britain’s emergency preparedness and response arrangements for the transport of radioactive materials. They will apply to transport by rail, road and inland waterway. The changes in the instrument will bring Great Britain into step with the highest international safety standards, as they implement the emergency preparedness and response requirements of the Euratom basic safety standards directive 2013.
One of the amendments introduces provisions on the control of so-called volatile organic compounds resulting from the storage of petrol and its distribution from terminals to service stations. It corrects an unintended revocation of guidance for the design and construction of petrol tanks in respect of the control of such compounds. The other simply updates a cross-reference in the Transfrontier Shipment of Radioactive Waste and Spent Fuel Regulations 2008.
On that matter, I should like to point out that, in the debate in another place, concerns were raised about the drafting of this amendment. It was suggested that the 2008 regulations had been revoked and replaced by the Transfrontier Shipment of Radioactive Waste and Spent Fuel (EU Exit) Regulations 2019, and that this amendment therefore constituted defective drafting, which would be fatal to the SI. I am happy to confirm that the amendment in question is legally sound, as the revocation and replacement of the 2008 regulations will take effect only if the UK leaves the EU on 29 March without a deal. In this unlikely event, the amendment would simply be null and void; its nullity would have no impact on the remaining provisions of these regulations.
The department held a joint consultation with the Ministry of Defence and the Health and Safety Executive on the changes made by this instrument. We published our response to the consultation in October last year. Of 71 respondents, 31 commented on the transport-specific elements of the consultation. I am happy to report that the proposals received broad support.
I shall now briefly outline the amendments made by this instrument. We have broadened the definition of “emergency” to include risks to quality of life, property and the environment. We have also updated the principles and purposes that duty holders are to have regard to when drafting emergency plans, to ensure that plans are flexible and proportionate. We are including in the regulations a definition of “emergency worker”, with comprehensive requirements for training. We are also expanding the requirement to regularly review and test emergency plans. For civil nuclear transport, the competent authority in Great Britain, currently the ONR, will have a duty to provide information to the public about the nature and effect of a potential radiation emergency.
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These regulations will introduce a national reference level and will require the carrier and consigner of radioactive materials to ensure that the emergency plan prioritises keeping radiation exposure below that level. It was alleged in another place that these regulations do not take account of the circumstances under which an emergency worker may be exposed to a maximum dose of 500 milliSieverts; I can confirm that the regulations expressly state that such exposure is possible if this worker is engaged in activities for the purpose of saving human life and with their informed consent. The new regulations also include a duty to provide a handover report to assist the transition from an emergency exposure situation to the recovery phase.
As I have mentioned, Part 2 of the regulations makes a technical update to a cross-reference in the Transfrontier Shipment of Radioactive Waste and Spent Fuel Regulations. Part 3 reinstates a previously revoked provision that implements an EU directive on volatile organic compound emissions resulting from the storage of petrol and its distribution. The impact of these changes will be minimal: the main burden will be any costs associated with familiarisation with the amendments and making any revisions to emergency plans. This will be a relatively minor, one-off cost. The other two changes included in this instrument, those on volatile organic compounds and transfrontier shipment of radioactive waste, are purely technical and will have no impact on industry. I beg to move.