Open Letter to Lord Melvyn Bragg in the News and Star and Cumberland News



published in the News and Star (26.3.15) and The Cumberland News (27.3.15)

I am sure you would agree that the hard-won planning protections for ancient monuments and special sites of conservation should not be scrapped in Cumbria.

This is what is being proposed right now, with Cumbria specifically in mind.

On wednesday, the House of Lords will be discussing the plan to push through legislation that will remove our right, and the right of Cumbria County Council to object to burying radioactive waste underground, anywhere.

Government hopes to do this by 2016 by adding geological disposal facilities (GDFs) to the list of Nationally Significant Infrastructure Projects (NSIP)

NSIP forces through the government’s plans for new nuclear by denying communities the voice usually afforded to them via public inquiries.

The Government hoped the nuclear waste “problem” was going to be solved by communities coming forward to volunteer to take the waste, now that plan has fallen by the wayside the Government wants to impose it, not only by trying to remove Cumbria County Council’s right of veto, but also by designating nuclear waste burial as NSIP.

The protections of planning permission, listed building consent, scheduled monument consent and conservation area consent among others are not required by NSIP.

This already seems to be happening  with regard to Moorside (proposed nuclear power station near Sellafield) where 100 “exploratory” boreholes are now being dug on what should be protected land on the Site of Special Scientific Interest flood plain of the River Ehen.

In the same area one wind turbine up to 30m high was turned down on the grounds of wildlife and landscape (while 600-800ft towers or vast installations at sea would cool the toxic heat of Moorside).

This total lack of scrutiny over nuclear developments will escalate should GDFs be added to the already undemocratic NSIP legislation (brought in to accommodate nuclear)

Please join other Cumbrians who love our land and say no to this diabolic plan to turn Cumbria into Europe’s largest nuclear sacrifice.

Marianne Birkby

on behalf of Radiation Free Lakeland

“Don’t Freeze Us Out of Nuclear Debate” Front Page of the Cumberland News Today

Dont Freeze Us  Out of Nuclear Debate. ..Cumberland News 27.3.15
Dont Freeze Us
Out of Nuclear Debate. ..Cumberland News 27.3.15

Front Page of the Cumberland News – Friday 27th March 2015


By Phil Coleman  Chief Reporter

Two peers have hit out at a controversial plan to freeze county councillors out of any decision to build an underground nuclear dump in Cumbria.

Cumbria County Council voted in 2013 to halt the process that could ultimately have led to the building of an underground nuclear disposal facility in the county.

But the Government has repeatedly said it is committed to pressing ahead with finding a site for the dump to deal with the country’s growing stockpile of high and intermediate level nuclear waste.

Ed Davey, Secretary of State for Energy and Climate Change, aims to introduce a legal order classifying the nuclear dump proposal as a “nationally significant infrastructure project.”

That would give him the final say on whether such a project ever goes ahead, excluding local authorities.

The issue was debated in the House of Lords this week, with Energy Minister, Baroness Verma insisting the Government still favoured a process for finding a site that was based on the local community’s “willingness to participate.”

She said: “The final decision will not be taken until, and unless, there is a positive test of public support for hosting a GDF (geological disposal facility) at the site in question.”

But the discussion drew forthright criticism from two Cumbrian lords.

Lord Roger Liddle, a former special advisor to Tony Blair when he was Prime Minister, is also a Labour county councillor representing Wigton.

He began by stating clearly that he is a supporter of nuclear power, and – had he been a county councillor in January 2013 that he would have supported continuing the investigation of west Cumbria as a possible site for the dump.

Pg 2

Nuclear dump concern

But he said : “Yet as a democrat and a Cumbria citizen, I cannot support the new current proposal that the final decision be taken out of Cumbria’s hands and left to the Secretary of State. The Government may argue that it has given a clear assurance that nothing will go ahead without a clear demonstration of local support. But it is clear from their 2014 consultation that they do not regard the support of the County Council as an essential element of that clear demonstration of local support.”

Lord Inglewood, who is chairman of CN Group, the parent company of The Cumberland News, said Cumbria County Council was right to regard the nuclear dump as an issue that affects the entire county, and not just Copeland and Allerdale.

He added: “the order is interpreted locally as sour grapes. It is perceived by a large number of Cumbrians that the Government and Westminster wished, one way or another, to get their way and have a long-term geological disposal facility in the county.”

Meanwhile county council leader Stewart Young said he felt it had been “incredibly insulting” for Baroness Verma to suggest that Cumbrians – who had spent months debating and researching the dump – had not understood the issues involved.

Full Transcript of Yesterday’s Nuclear Dumping Debate in the House of Lords

Nuclear Dumping?  We Don't Need YOU! image by Logi Cal
Nuclear Dumping?
We Don’t Need YOU!
image by Logi Cal

Following on from our frantic lobbying of the Lords Inglewood, Judd, Liddle and others ….the Baroness Verma certainly did not get this ‘debate’ all her own way.  There is now being created an atmosphere quite rightly of dissent over the plan to dump democracy along with nuclear waste.  Thanks to EVERYONE who achieved this. 

Lets keep up the pressure.  Lets tell the media and big NGO’s to pull their collective fingers out and start reporting on this abuse of democracy. Lets make sure that when this is voted on it is voted OUT!!

Infrastructure Planning (Radioactive Waste Geological Disposal Facilities) Order 2015

Motion to Consider

25 February 2015, 3.45 pm

Moved by

Baroness Verma

That the Grand Committee do consider the Infrastructure Planning (Radioactive Waste Geological Disposal Facilities) Order 2015.

Relevant document: 19th Report from the Joint Committee on Statutory Instruments, 24th Report from the Secondary Legislation Scrutiny Committee

The Parliamentary Under-Secretary of State, Department of Energy and Climate Change (Baroness Verma) (Con):

My Lords, I will introduce the order before providing background on geological disposal and why the Government recommend that this order should be approved.

On 12 January, my right honourable friend the Secretary of State for Energy and Climate Change laid before the House a draft order to bring certain development relating to geological disposal facilities for radioactive waste within the definition of “nationally significant infrastructure projects” in the Planning Act 2008. Making this legislative change will help us to implement geological disposal, an action vital for both for our energy past and energy future. As a pioneer of nuclear technology, the UK has accumulated a legacy of higher-activity radioactive waste and materials. More will arise as existing nuclear facilities reach the end of their lifetime and are decommissioned and cleaned up, and through the operation and decommissioning of any new nuclear power stations.

Most noble Lords will be aware, but it is worth reiterating, that geological disposal is recognised across the world, and by our own independent Committee on Radioactive Waste Management, as being the best available approach for the long-term management of higher-activity radioactive waste. A geological disposal facility, or GDF, is a highly engineered facility capable of isolating radioactive waste within multiple protective barriers, deep underground, so that no harmful quantities of radioactivity ever reach the surface.

Last year, my department published a White Paper to move the process of implementing geological disposal forward. It set out three initial actions for government and the developer, Radioactive Waste Management Ltd, which were informed by a review of the GDF siting process that had operated since 2008. The purpose of these actions is to better inform communities on issues of geology, development impacts and community representation and investment before they are asked to get involved in discussions about potentially hosting a GDF. A national geological screening exercise will consider the available geological information across the country and provide guidance on features relevant to building a safe GDF. The detail of how the Government and the developer will work together with communities will also be developed. These are important and challenging issues, on which there must be clarity before communities are asked to get involved in formal discussions with the developer, from which they will have an ongoing right of withdrawal.

A GDF for the UK’s higher-activity radioactive waste is clearly an infrastructure project of national significance. The Government believe that it is appropriate that the approach to land use planning decisions reflects this. The Planning Act 2008 created a new regime for development consent for certain types of nationally significant infrastructure, such as major energy, transport and waste projects. The process is designed to streamline the decision-making process for these projects and, while ensuring there is still a thorough examination of the benefits and impacts of the projects, make it fairer and faster for communities and developers alike.

The purpose of this order is to bring both a GDF, and the deep borehole investigations necessary to assess and characterise the suitability of potential sites, within the scope of this process. This will provide a clear process for the developer seeking consent, as well as placing specific requirements on the developer to consult local communities, local authorities, and other interested parties.

I wish to make it very clear that the process of seeking development consent to assess or develop a site for a GDF is distinct from any process to identify a potential site. The Government continue to favour an approach to siting a GDF that is based on local communities’ willingness to participate in the process. The 2014 Implementing Geological Disposal White Paper is clear that the final decision to apply for development consent and regulatory approvals for a GDF will not be taken until, and unless, there is a positive test of public support for hosting a GDF at the site in question.

In support of this approach to land use planning, the Government will produce a national policy statement to set out their policy on the need for these types of infrastructure in more detail. This will be subject to an appraisal of sustainability. The Government intend to bring forward the preparation of a generic national policy statement as soon as is practicable to help inform the process of working with communities on GDF siting. This approach to land use planning would of course apply only to the development of a GDF in England. The development of a GDF elsewhere in the UK would need to be progressed through the appropriate devolved planning system.

The purpose of this order is to put in place an appropriate process for land use planning decisions in relation to geological disposal facilities and facilitate the provision of greater upfront information to interested communities through the production of a national policy statement. In this way, it will help to ensure that we are able to implement geological disposal, which will contribute to securing our energy past and our energy future. With this in mind, I commend the order to the Committee.

Lord Liddle (Lab):

My Lords, I declare an interest as a Cumbrian resident and a member of Cumbria County Council. I want to set my position on record right at the outset: I think that the Minister should withdraw this order. I do not believe it is right that the Government should be able to impose what we all colloquially refer to as a nuclear dump on Cumbria, regardless of the views of the whole Cumbria community and its county council, which is essentially what the Government are trying to do.

I emphasise that I am a strong supporter of nuclear power and always have been. It would be a tragedy for the country if we were to retreat from the proposed programme of new nuclear power stations, one of which is at Moorside, adjacent to Sellafield in Cumbria. To sacrifice the nuclear programme because of some temporary fall in the oil price—and because a lot of people are talking about the prospects for fracking in Britain and Europe, which are extremely uncertain—would be to risk our long-term energy security, as well as our ability to meet our carbon reduction targets.

I also believe that a long-term solution to the problem of nuclear waste must be found. Indeed, I would like to see a massive research programme undertaken into this issue because it cannot be beyond the wit of scientific ingenuity to find new solutions to this problem in the next 20 or 30 years. However, had I been a member of Cumbria County Council in 2013—which I was not because I was elected only in the May of that year—I would have personally advocated that our cabinet take forward the exploratory work of locating a geological repository in Cumbria on the basis that it was not an irrevocable commitment and that there was a clear legislative commitment on the part of the Government to establish the right to withdrawal, which we still await. I would have wanted to put the Government on the spot as to what they were actually prepared to deliver for Cumbria if, scientifically, it could be shown on the basis of independent geological advice that a safe site could be found. As a democrat and a Cumbria citizen, I just cannot support the current proposal that the final decision is taken out of the hands of anyone in Cumbria and left to the Secretary of State.

I know that the noble Baroness, Lady Verma, has been extremely conscientious in her efforts on this issue, and I have no personal criticism of her role whatever. The Government argue that they have given the clear assurance that nothing will go ahead without a clear demonstration of local support. However, it is clear from the consultation document that the Government issued last year that they do not regard the support of the county council as an essential element of that clear demonstration of local support. I think that there are very strong objections to the position that the Government are now taking—objections both in logic and in terms of democracy.

If community benefits, which the Government talk about if this major development—something on the scale of the Channel Tunnel—goes ahead, are to be meaningful, they will involve huge infrastructure investments that stretch well beyond Sellafield and Copeland Borough Council, which covers the Sellafield area. For example, at present there is no dual carriageway road to the Sellafield site. If there were to be a proper connection to the M6 by one route or another, surely the county council should be involved in that decision. Similarly, it takes longer to go by train from Carlisle round the Cumbria coast through Whitehaven, Sellafield and Barrow to Lancaster than it does to go from Carlisle to London, so primitive is the infrastructure in this area. Indeed, the latest proposals from the Department for Transport will worsen services on this line as a result of the refranchising of the TransPennine and Northern rail services. Therefore, if we were talking seriously about community benefits, we would be talking about how to improve rail services, making them modern and efficient, between Sellafield and the west coast main line. Again, how could you conceivably do this without involving and getting the support of the county council? It would be both impractical and a democratic outrage.

However, there is another reason why I do not like the Government’s policy. We are currently generating a very important debate in Cumbria about local government reorganisation. The creation of a unitary authority for the county is, in my view, an extremely desirable goal and would spare local government in the county the necessity of making £28 million of cuts to local services—that is according to a recent independent report that Ernst & Young has done for the county council. My suspicion is that the Government will be determined to block any efforts to create a unitary council in Cumbria and to spare Cumbria this scale of local government cuts because they want to retain Copeland Borough Council as their badge of demonstrating local support. If so, that would be quite wrong. If they are serious about this, I would like to see the Government do something now to prevent our having to make £28 million of cuts to local services, which would be devastating for libraries, children’s centres and the rest.

At the moment, many people in Cumbria believe that, on this issue, the Government are playing games to demonstrate a measure of seriousness about their long-term ambitions for a repository simply to justify the grant of planning permission for new nuclear power stations, when there is not the slightest prospect of anything going ahead or the Treasury agreeing to the vast expenditure involved. The consequences for Cumbria would be very serious indeed.

For all these reasons, I believe that it is wrong for us to endorse an order that basically gives the Secretary of State the power to do what he wants and ride roughshod over the elected, democratic representatives of the county. That is why I would like to see this order withdrawn.

4 pm

Baroness Miller of Chilthorne Domer (LD):

My Lords, as the Minister said, this order is simply to bring GDFs within the nationally significant infrastructure project regime of the Planning Act 2008. I am sorry that the noble Lord, Lord Liddle, has had to find out the hard way that that Act, brought in by Labour in 2008, has such an anti-democratic flavour, which at the time we feared it would. As he said, the order will remove from local planning authorities and their respective communities the final say in the planning process. I find that extraordinary when we are looking at something that we have never had before. It is not like a road, which can be a nationally significant infrastructure project if the Government choose to designate it as such; we have lots of roads. A railway, such as HS2, might be one. We have not had GDFs before; this is new. That is another reason why it should be subject to the proper rigours of a democratic planning process.

Perhaps one of the best things that the Labour Party did in the previous Government, during the time when it brought in the Planning Act, was in February 2005 when the UK ratified the UNECE Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters, which became known as the Aarhus convention. That is the main thing I want to ask the Minister about today.

I am very pleased to see the noble Lord, Lord Rooker, in his place. Back in 2006, I asked him whether any of the provisions in the Aarhus convention had yet to be implemented in the United Kingdom. He confirmed that we had ratified it and that the full lists of what that meant were now available. Those set out the UK’s range of obligations on access to information and public participation. I think that this GDF proposal would fall within Annex I to the Aarhus convention. It would be most helpful if the Minister could make some reference to that in her reply.

Having looked at the Government’s response, which was handed out with these papers today, it is very hard to balance the Government’s statement that they will not proceed without a positive test of public support without thinking that the ultimate test of public support for a planning issue is exactly that the local authorities involved make planning decisions. That is why the system was invented in the way that it was: so that there could be democratic representation and people could have a say. Something as important as this is not only about burying waste in the ground. Bear in mind that it is also about the transport of waste to that facility, which will have an enormous impact.

For all those reasons, I should like the Minister to assure us, for a start, that it complies with the Aarhus convention and, secondly, to consider whether the exceptional nature of GDFs should make them inapplicable to the process envisaged by the 2008 Act.

Lord Judd (Lab):

My Lords, as a humble citizen of Cumbria, I was very reassured to hear my noble friend Lord Liddle speaking as powerfully as he did. He certainly reflects widespread feeling within the county. It is sometimes easy to exaggerate but I think that there is almost a breakdown in trust. There is a feeling that the Government have for a long time been absolutely determined to drive through this project in west Cumbria, and that everything will therefore be done to ensure that it happens. Scepticism, to use a milder word, is inevitable if you have a situation in which, under the established rules, the permissions of the local authorities—and very much the county council—were essential if the project were to go ahead. When it turned out that the county council, with its greater strategic responsibilities, was not in favour of the recent attempt to develop further research into the possibilities, the rules of the game were revised so that in further consultations it would not be necessary to involve the county council but other local authorities could be involved. This inevitably leads to doubt.

It is also important to realise that while my noble friend Lord Liddle was absolutely right to emphasise the strategic issues of transport and all the rest—just think of the A66, the Penrith junction with the M6 and the consequences right across to Scotch Corner—this has immense implications for the wider region. That is why the local authority most responsible for the wider region, since this goes well beyond the county, should be closely involved.

I want to raise one other issue that we do not like talking about. The difficulty is that if you raise it, you will be accused of scaremongering. However, there are risks in a development of any kind to do with nuclear energy and nuclear power. We are living in an absolute world of absurdity if we believe that the consequences of anything going seriously wrong would be limited to Cumbria. It would be the whole north-west, to say the very least, and would probably be wider than that. These are issues on which we need a great deal of reassurance. I have not yet heard anything that reassures at the level necessary.

We must also recognise that there is a fundamental contradiction in the approach to governance because, as I understand it, the Government have been insistent that they favour localism—and very much on any project of this kind, because the involvement and approval of the local community has repeatedly been stated as essential. Yet the whole idea of strategic projects of this kind is to cut back and streamline what has been there traditionally and was very hard won: the possibility for local communities to pursue the things that disturb them and their consequences.

I must emphasise an interest here. Apart from being a citizen of Cumbria, I am also a patron of the Friends of the Lake District and a vice-president of the Campaign for National Parks. It seems to me that these issues about which we started talking in relation to Cumbria apply to the country as a whole. I like the idea of localism but I am not the slightest bit persuaded—and I do not believe that I could be persuaded—that issues of strategic significance such as this can be shuffled on to local authorities, with their limited resources, for them ultimately to decide whether or not to go ahead with them.

Although I am by no means an enthusiast for nuclear energy, I accept that a new generation of nuclear energy will be necessary. It seems to me that, by definition, nuclear energy and its development is a national responsibility, and that the consequences of that must be seen as a national responsibility. Therefore, I would like specific assurance from the Minister that at the outset of any such project it will be considered essential to undertake a transparent and convincing national survey to establish the best, most favourable and least dangerous place in which to develop it. When that has been established, then, of course, local involvement becomes crucial.

I make my position clear: I have said all along that I have very strong views on this project. However, I have also said all along that if, at the end of such a national convincing exercise, it became clear to me that the least dangerous place for such a project was west Cumbria, I would put myself 200% behind it and consider how we could make it the safest and least environmentally and scenically damaging project possible. That would be the responsible thing to do. However, we are nowhere near that point. We are being asked to approve the means before we have had the wider strategic assurances—of course, that will add to doubt. My noble friend was right to say that we are not in a position to approve this measure at all.

I hope that the Minister, with whom I have had many consultations on this issue in the past, can now reassure us. I believe that there is widespread anxiety, not only in the county, but certainly in the county as a whole and beyond it. This is my last point, although I could make many more. If I may use the terms in this place, there is, in an authoritative sense, an intellectual dimension to this issue. Many geologists of great distinction are already saying, and have done for some time, that Cumbria is not the place to have a project of this kind because of the situation with subterranean water. There is a feeling that these scientists of distinction have never been given the hearing on the project that they should have had. Some have made their work available at their own expense as they feel so concerned about it and have put it on public record.

We have to face the fact that nuclear waste exists and there is a whole realm of anxieties about its security and the integrity of the facilities that contain it. We are going ahead to the next generation of nuclear power, which will generate more waste, so we have to find a solution—that is the bottom line—for both existing and future waste. When we have found the right place and mobilised public confidence that everything possible has been done to make the project as safe and secure as possible—I do not believe that it will ever be made completely safe for future generations—we can get into that debate. However, we must be reassured that a national survey has been done and that there is a list—preferably prioritised—of the sites that are right and those that are not, and of those that are better and those that are less well suited. That has not happened. The Minister must put us in the picture about this and give us specific reassurances.

4.15 pm

Lord Inglewood (Con):

My Lords, like previous speakers in this debate, I am a Cumbrian, and I declare that with pride. I also have a number of interests associated with Cumbria. They are in the register, but I am not sure that there is any particular need to enumerate them now.

I am not an enemy of nuclear power. I am not a fanatical supporter of it either; I stand in the middle. As the noble Lord, Lord Judd, said, we have a lot of nuclear waste and we will have to deal with it. We are likely, almost certainly for the right reasons, to generate more of it in the immediate future. I come from that perspective.

In the context of discussion of any possible disposal facility in west Cumbria, it is important that we stop trying to blur the issues about the locality. In my view, Cumbria County Council is right in thinking that this is a matter that affects the entire county. I do not think that you can curtail the definition by saying that it is simply Allerdale and Copeland. It may be that they have a greater interest than the rest of Cumbria, but Cumbria as a whole has an interest that is different from the rest of the country. That is important and needs to be properly taken into account in considering this matter.

Secondly, it is important to appreciate that, in the context of the immediate history, the order is interpreted locally as sour grapes. It is perceived by a large number of Cumbrians that the Government in Westminster wished, one way or another, to get their way and have a long-term geological disposal facility in the county. Having set up a system to do that, when that form of democracy produced the wrong answer, rather like a number of countries in the Middle East and further afield, they just changed the rules. That is deeply unfortunate and has not helped the progress of the debate about this important topic.

Having said that, I want to touch on three things. First, in his opening remarks, my noble friend said that this relates only to a geological disposal facility in England. The nuclear industry in this island—in the United Kingdom—covers England and Scotland. What steps are being taken to ensure that there is a consistent and homogenous process across the two jurisdictions—if I can put it that way—to ensure that a sensible outcome is reached not only for the English, and not only for the Scottish, but for the country as a whole? That is very important. One thing that is deeply felt by those concerned about these matters is that, to put it in the vernacular, Scottish nuclear waste will be dumped at Sellafield and nobody will get in the way of that.

Secondly, going back to a point made by my noble friend Lady Miller of Chilthorne Domer, if you write local authorities out of the process in the manner that has been described, how do you at the same time ensure that that will not take place in Cumbria without local support? Will the Minister spell out to us exactly how that local support will be measured and dealt with—and at what point in the process, because that is terribly important? I understand the argument that this is a national infrastructure project and that the way in which it is handled should take that into account. I am not criticising that, but, against that background, how, if it must have local support as a condition of proceeding, will that local support be measured?

Finally, it is also important in the context of the county of Cumbria that the proposal is not a stand-alone measure; it will bring a great deal of benefit with it. Against that background, it is very important that the benefits are spelt out and fully explained in the same detail and at the same time as the project itself. You cannot simply salami-slice the bits off each other. I very much hope that my noble friend will be able to give me some responses to the points I have raised that will reassure me.

Baroness Jones of Moulsecoomb (GP):

My Lords, I am not Cumbrian and I have absolutely no connection with Cumbria—I live in Southwark—but I support the noble Lord, Lord Liddle, in his request that this order be withdrawn. It is clear that he was speaking from a democratic point of view, which is an incredibly valid thing to be concerned about. The fact that it is Labour legislation does not mean that it has to be used; there is a lot of quite bad legislation still on the books that really ought to be repealed.

There are a few environmental concerns expressed in a report called Rock Solid?, which was produced for Greenpeace specifically for this sort of action. There are concerns that have to be answered and the relative risks and dangers, as the noble Lord, Lord Judd, said, have perhaps not been assessed as stringently as they might have been. For example, copper and steel canisters and overpack containing spent nuclear fuel or high-level radioactive waste could corrode more quickly than expected; we do not know. The effects of intense heat generated by radioactive decay and the chemical and physical disturbance due to corrosion, gas generation and biomineralisation could impair the ability of backfill material to trap some radionuclides.

The build-up of gas pressure in the repository, as a result of the corrosion of metals and/or the degradation of organic material, could damage the barriers and force fast routes out through crystalline rock fractures or clay rock pores. There are also poorly understood chemical effects, such as the formation of colloids, which could speed up some of the more radiotoxic elements such as plutonium. Unidentified fractures and faults, or a poor understanding of how water and gas might flow through the ground, could lead to the release of toxic materials into groundwater. These are concerns that cannot be ignored, and the order needs a little more research about whether this is an activity that can be supported with a view to complete public safety. I would argue that it is not, but I look forward to the Minister reassuring us.

Lord Teverson (LD):

My Lords, I am also not from Cumbria, although I shall have the pleasure of visiting Sellafield in two weeks’ time. I know that it consumes a vast proportion of the Minister’s budget in DECC, and I look forward to that visit.

My question is more one of logic. The Explanatory Memorandum states clearly, as does the legislation itself:

“This Order will bring certain development relating to geological disposal facilities for radioactive waste, and the deep borehole investigations necessary to determine the suitability of potential sites, within the nationally significant infrastructure project (NSIP)”.

I suppose that my question is this: whether one likes it or not—whether one is pro-nuclear or anti-nuclear—there is a certain logic to the idea that a radioactive waste disposal site would come within the decision-making of a major project. This was set up by the previous Government, as my noble friend Lady Miller has pointed out, and taken on by this one. It sort of fits within that. The exploratory deep borehole investigations seem to be a measure on a completely different scale, so I do not understand the logic of having both of those in. The exploration side seems logically to fit far more within the standard local authority planning system. I would be interested to hear a comment from my noble friend about why both these scales of project have been put into this order, rather than just one or the other.

While I am on my feet and we are on nuclear waste, at the beginning of this Parliament we looked at the national policy statement for nuclear power generation, and it has always slightly amused me that a footnote states:

“Geological disposal of higher activity waste from new nuclear power stations is currently programmed to be available from around 2130”,

some 115 years from now. I wondered whether the Government intended to keep their foot on the accelerator on that policy.

Lord Avebury (LD):

My Lords, we seem to have overlooked that regular high-level nuclear waste is being generated at Sellafield already and plans have to be made for its safe storage and ultimate disposal. If plans go ahead to use the 140 tonnes of plutonium that have been stored up from previous nuclear programmes at Sellafield to generate electricity, as in the two proposals that have been put forward by CANDU and GE Hitachi respectively, there will be nuclear reactors on the Sellafield site using that plutonium and generating further waste. I suppose part of the Government’s thinking in having their eye on Cumbria is that this large quantity of nuclear waste has to be moved from the Sellafield site to the ultimate place of disposal. That concentrates their attention on Cumbria. However, when the noble Lord, Lord Liddle, said that he would like to see a survey of all the sites that might be suitable for this purpose, I was under the impression that a lot of work had already been done on the subject and that nobody had any thoughts of alternative sites that would be superior to Cumbria. I may be wrong and would be very interested to hear from the Minister whether that work has already been in train and, if so, what the results were.

Lord Judd:

The noble Lord is right to say that work has previously been done and, having fairly carefully scrutinised it, it was far from clear to me that there was an absolutely decisive case in favour of Cumbria.

Lord Avebury:

This is what I am hoping we will hear more about from the Minister when she sums up: whether that work has been done or whether she agrees with the case that has been made for a national survey, which would obviously cause considerable delay.

That brings me to question of why this matter is urgent. Is it really necessary for a decision to be made now, for reasons that may be connected with the development of Sellafield, when we already have these additional reactors on the site, coupled with the existence of large quantities of high-level waste? Is it a matter of immediate necessity that we should have this GDF in the timescale that would be possible with the order and not without it? Suppose we were forced to wait for five years or so: would that have a catastrophic effect on how we dispose of the nuclear waste at Sellafield? Would lacking the GDF impose impossible or very difficult restrictions on the work that can be done at Sellafield because of the quantity of high-level waste that has to be stored there?

Other things being equal, obviously it is better for the GDF to be in the neighbourhood of Sellafield because the high-level waste has only to move a short distance and it avoids the necessity for rail facilities to move all this waste from Sellafield, where it is at the moment, to whatever alternative site is chosen. That would add enormously to the cost, I suppose, and is something we would like to avoid if possible.

4.30 pm

Baroness Worthington (Lab):

My Lords, I am grateful to the Minister for introducing the order and to all noble Lords who have contributed to the debate. We should focus on the topic at hand, which is whether the GDF, as described, should be classed as a nationally significant development project. Many speakers have reinforced the sense that this is clearly of national importance. There has been widespread support for continued use of nuclear power and acceptance that much of the waste derives from legacy projects that have accrued since the 1940s and 1950s. It is high time that we came up with a solution for the long-term storage of high-level nuclear waste.

Personally, I support the logic behind the order and believe that the wider debate about the siting—where in the country this should go, public engagement and the tests that we apply to the siting decision—is relevant, but it is not the matter before us. The noble Baroness, Lady Miller of Chilthorne Domer, is correct that this all stems from a significant shift in how we view planning, through the 2008 Act, which was designed to enable us to move forward on nationally important projects in a way that respected democracy, but equally made it clear that there will always be tension between projects of national significance and particular local concerns. We have to get that balance right.

I will echo some of the questions that were asked about the tests that the Government propose to apply. The noble Baroness mentioned that there would have to be a positive test of public support. It is true that a county council’s decision could be used as a proxy for that. However, in such a project, which has such a long timescale and such huge significance for the country—we must look at it as a continuum from 1940, when we started developing nuclear power, to probably 100 years from now, when we will still use nuclear power—we do not allow shorter-timeframe decision-making or slightly more local concerns to override the national importance. That is not to say it should not be taken into account; it certainly should. I am sure that the noble Baroness is already preparing to respond to the noble Lord’s comment on this; could she say a bit more about that public test? It will be important.

In that context, it probably is time for a national debate. We have had this discussion before on people’s responses to and views about nuclear risk. As we now embark on a new era of nuclear build, it is probably high time for a discussion about the risks from radiation relative to other sources of hazardous waste, which we deal with, manage and store in different ways. Radiation seems to have a particular resonance in the public mind, some of which is justified and some of which is not. It is high time that we had a basic and scientifically grounded discussion about the nature of radiation. It is a fact that radiation is natural. We have evolved living with radiation; if you want to avoid radiation altogether, the safest place to be is in a hot air balloon, hovering about a mile off the ground. We are exposed to radiation from the ground naturally and from the skies.

I fear that this has become a polarised debate and that at times it departs from the science. We need to have a better understanding of the three types of radiation and the containment measures, which are very capable of containing them. We need to better understand what half-lives are and how radioactive material decays and becomes less of a problem over time. These are things that we really get to only when we get into the detail. We need to try to have a better education process. I hope that that will then allow us to have a more considered conversation about the fears that some local residents have over the GDF and the potential for ionising radiation to seep out, which is very unlikely. That is not to dismiss local concerns. There will be a big discussion about the transport infrastructure questions that were raised. I ask the Minister to clarify my reading.

Lord Empey (UUP):

I appreciate the noble Baroness’s point about getting a debate going on radiation, but we should put this in context. I, like many others, am not from Cumbria, but historically those of us in my part of the United Kingdom saw, over several decades, the flushing of material into the Irish Sea that today would be a criminal offence. We were assured in those days that the levels were perfectly okay and that neither fish nor other wildlife would be affected. However, by today’s standards, such activity would be regarded as outrageous. This is all a continuum. I support what the noble Baroness says, but we have to see where we came from. What I am saying is that, within living memory, vast amounts of toxic material were flushed into the sea, so let us at least take comfort from the fact that that has stopped.

Lord Judd:

Would the noble Lord agree, on reconsidering what he has said, that this is a matter not of decades but of centuries?

Baroness Worthington:

It is actually a matter of millennia, if you want to put nuclear into its proper context. I do not dispute that the pendulum of regulatory approaches to nuclear swings. I have visited Oak Ridge, the home of nuclear fission research, where nuclear gases used to be vented into the woods because people did not perceive it to be a risk—indeed, there is something to be said for the view that that was not a very risky activity. We have swung back towards very tight regulation for good reason, but that is not to say that that has to be set in stone and that our approach today is right—there is a constantly shifting understanding. I said that background radiation is natural to make the basic point that we as human beings have evolved in a radioactive environment. People are not always aware of that.

This is about getting back to the basics and having another look at the physics of nuclear, so that we can perhaps defuse some of the fears. There is probably no riskier way of storing nuclear waste—if there is indeed a large risk—than the way we use today. I am grateful to the noble Lord, Lord Avebury, for pointing out that we seem to be speaking as if there is no waste and that we are suddenly creating waste to put into a depository. The waste exists and it sits around the country, although it is correct to say that a large proportion sits in Sellafield. We need to find a solution, but that is not to say that this is the greatest risk that man has ever faced. The risk is manageable and engineered and we should see it in that context.

I will not detain the Committee any longer. I am grateful for the debate. I reiterate my request from our last debate that we should begin to have a national public conversation about nuclear and the risks involved. As other noble Lords have said, the issue has to be seen in the context of the much broader environmental risks that we face. There is an inherent logic behind the regulations. This is a nationally significant project and, although we do not wish local involvement to be excluded, we need to get the balance right, so we support the regulations.

Baroness Verma:

My Lords, I am extremely grateful for all the contributions. As always, this issue needs greater debate. I agree with the noble Baroness, Lady Worthington, that this is an important national debate, which we cannot reduce down to one area or region.

I start by responding to the suggestion made by the noble Lord, Lord Liddle, that this is a “dump”. Such terminology is unhelpful. If we are to have an informed debate, we need to ensure that the language that we use does not generate fears among communities. Taking things seriously, we need to be able to express an informed view to the broader public, who may not be as well informed as the noble Lord, Lord Liddle.

Lord Liddle:

I think that I talked about—I hope that I did, anyway—what is commonly referred to as the nuclear dump. That is certainly how the local paper refers to it. I also emphasise to the Minister that, whenever the issue of the dump comes up, I point out that Cumbria is home to an extremely dangerous dump on the existing Sellafield site, about which something has to be done as a matter of urgency.

Lord Inglewood:

I hope that I may be allowed to intervene in support of the noble Lord, Lord Liddle. It is indeed the case that this is known in the general locality as the nuclear dump. I must put my hands up and say, “Mea culpa”, as I am chairman of the newspaper company to which the noble Lord referred. However, we on the board do not exercise editorial control.

Baroness Verma:

My Lords, I reiterate that it is important that the usage of language informs the debate. Wherever we sit, we must be careful that the language used is informed and does not excite people even further.

A number of questions were raised and I will try to go through them as quickly as possible but I would like to go back to the points made by the noble Baroness, Lady Worthington. These matters are nationally significant and nationally important. We live with this currently. As my noble friend Lord Avebury pointed out, this is not something that is going to happen. It is already here and we need to deal with the issue. We are already dealing with it in the short to medium-term and, even then, we are talking about many decades rather than a few years. It is right that after the last process came to a halt, the Government took the sensible approach by stepping back to reflect and see what more could be done to make it a better informed debate. When I looked at the process, it was particularly to see how we could better engage with the public and other stakeholders, beyond the elected members. I agree that the role of the elected members is really important but the debate has to reach much further. Those communities that will ultimately be involved must be assured that they have the final say.

The noble Lord, Lord Liddle, said that the Government do not care about the county council being part of public support but the consultation has made it clear that the detailed process of how community representation operates from 2016 will set out that all stakeholders, including elected members, will be a part of the process. They will be able to feed in and be involved in looking at the processes before any formal discussions take place. We have two years within which that process is going to take place and the noble Lord, Lord Liddle, is fully aware of that. I look forward to his participation in it, along with his colleagues’.

However, I would also reiterate that noble Lords from Cumbria have just assumed that Cumbria is the given choice. At this time, no community has been identified. No site has been identified and we must not pre-empt, or be premature in, the assumption that it will be Cumbria. I also made it clear that, from looking at the last process, the debate needed to go much wider and further. Communities needed better information to come forward. That is why I continue to push back when people say, “This is ultimately going to be in Cumbria”. We do not know at this stage. We have two years in which people will be involved and able to be better informed.

The noble Lord also asked whether the siting process would be voluntary and why we are taking decisions away. The process of obtaining consent to develop a site is separate from the process of identifying a site in the first place. The final decision to apply for the development consent will not be taken until—and, as I think I reiterated in my opening remarks, unless—there is a positive test of public support for the GDF site in question.

The noble Baroness, Lady Jones, asked whether I could guarantee that the GDF would be safe. She read off a number of scenarios where she believes that there is risk. Let us first be very proud of the fact that we in the UK have regulators who are among the toughest in the world. As with all standards around nuclear, the standards for the GDF are incredibly high. If we cannot satisfy ourselves and the independent regulators that a GDF is safe then it will not be built. We would need to be reassured that the standards of the stringent international and national regulations were met before we would even endeavour to construct and operate a GDF.

My noble friend Lord Inglewood asked about the England and Scotland question. The nuclear industry covers England, Scotland and Wales. However, the planning legislation—which is what we are discussing today—covers only England. Planning and radioactive waste policy are devolved issues, and colleagues in Scotland and Wales will have their own processes to deal with planning and waste policy issues in their jurisdictions.

4.45 pm

Lord Inglewood:

The UK nuclear industry is UK-wide. My noble friend fairly described the scope of this order and how the devolved powers work, but what is happening to make sure that we have a UK-wide policy for dealing with this? However you look at it, if we were to end up with three geological waste facilities, that would seem a bit foolish.

Baroness Verma:

I re-emphasise that planning remains a devolved issue for those devolved areas.

My noble friend Lady Miller asked whether the local planning system was not the means for testing public support. The process of identifying a site and demonstrating public support is separate from, and additional to, the process of obtaining development consent. The planning consent process will not replace the siting process. A GDF is clearly a nationally significant piece of infrastructure, and it is appropriate that an application for development consent should be made under the system which was designed to examine such projects.

The noble Lord, Lord Judd, asked whether the screening exercise ruled out Cumbria, which has already been shown several times to be unsuitable for a GDF. The national geological screening exercise will treat all parts of the country equally, as I have already said, and the first step will be the development of guidance based on safety requirements for a GDF. The guidance will be developed openly and—a point made by the noble Lord—transparently through engagement with interested parties and the public. It will then be applied to produce maps and accompanying information about the potential for the development of a robust GDF safety case in different settings across the country. I hope that the noble Lord is reassured that we do not focus, as he and others have done, just on Cumbria.

Lord Judd:

If I may say so, the Minister knows very well that this is not the first time she has given me such reassurances. All I can say is, “We hear the words”, but it will be the transparency, to which she refers, and the convincing nature of this operation of national research for all to see that will be crucial.

While I am on this point, we have referred to Northern Ireland and Scotland in this context. However, in terms of the hazards, presumably at some point the Irish Government have to be taken on board.

Baroness Verma:

My Lords, as the noble Lord is aware, discussions on these issues are always ongoing. We are always talking to our colleagues in the devolved authorities. Coming back to the transparency argument—

Lord Judd:

I am talking not about devolved authorities but about the Government of Ireland.

Baroness Verma:

My Lords, as I said, those discussions are always ongoing and I will broaden them out to all devolved Assemblies and Governments.

Coming back to the question on transparency, I hope that the noble Lord will think that the process we are taking forward this time is far more transparent than the previous process. It takes into account far more exploration and discussion with a greater number of stakeholders to get a positive view of where communities lie. I urge the noble Lord to be reassured by the work that has been undertaken on the process since 30 January 2013, when the process came to a stop.

Lord Hunt of Chesterton (Lab):

My Lords—

Baroness Verma:

If I may just finish my point, I will happily give way. We need to look carefully at why an issue as important as this did not generate the breadth of engagement that I believe it deserves, and why there was not much broader input from the wider community. Indeed, a number of organisations told me that they had been excluded.

Lord Hunt of Chesterton:

Will the Minister reassure us that, as part of these discussions, consideration will be given to the fact that these facilities will store waste for a period, so that if technology develops it can be reprocessed? Many other countries, particularly Sweden, have a policy of putting the waste in rock formations. I believe that many nuclear energy programmes around the world are looking at the possibility of reprocessing this material when the relevant technology has been developed. However, there are other solutions whereby it is put in the ground permanently. As the noble Baroness, Lady Worthington, commented, it has a decay life of perhaps 10,000 or more years. Therefore, an important aspect of the discussion concerns whether this is a temporary process, as I believe it should be.

Baroness Verma:

My Lords, as with all these things, we are talking about thousands of years. I am sure that as technologies evolve, those who have to take decisions thousands of years from now—it will not be me—will look at the decisions that we are taking now and consider whether our planning measures are as robust as they can be. Of course, new technologies and techniques will be developed that will change the sector. The nuclear industry itself will evolve, as will other technologies that will provide energy. However, we need to ensure that the decisions that we are taking now are being taken on the basis that we need a long-term solution to high-radioactivity waste, which needs to be put away safely so that it is secure and poses little danger to us all.

My noble friend Lady Miller asked about the Aarhus convention. The Planning Act 2008 provides for extensive levels of community engagement and public consultation but it also requires environmental assessments to be carried out at various stages of the planning process. Therefore, the Government believe that the process is compatible with the requirements of the convention and with associated European Union legislation.

My noble friend Lord Avebury and the noble Lord, Lord Judd, asked whether geological screening was being carried out. Radioactive Waste Management Ltd has begun the work, including engaging with interested stakeholders. It will produce draft screening guidance for public consultation. This, and the final screening results, will be reviewed by an independent group formed by the Geological Society of London. As stated in the 2014 White Paper, that will be carried out over the next two years.

I hope that I have managed to answer most of the questions. However, coming back to what we are discussing today, the Committee is simply being asked to consider the order, not to approve it. The Motion to approve will be tabled in the Chamber and noble Lords can oppose it then if they are strongly opposed to it. However, I suggest that if we are to make progress in finding a long-term solution to this significant national programme, we need to ensure that we provide the public with facts and not just bear in on myths that have been peddled over many years.

As the noble Baroness, Lady Worthington, pointed out, this debate needs to be properly informed. I would be happy—I am sure that the noble Baroness will welcome this—to widen that engagement and make the debate much more informed, so that people understand what we are trying to develop here.

Lord Avebury:

I hope that there is nothing in the order that precludes the decision being made including whatever Scotland decides it needs in the way of long-term facilities for the disposal of high-level nuclear waste. As the noble Baroness was asked earlier, surely we are not going to have GDSs in all the jurisdictions of the United Kingdom. I want an assurance that there is a facility within the ambit of the order for the Scots to come along to talk to us about what they are doing about long-term disposal, so that we do not have to have two separate facilities.

Baroness Verma:

My Lords, having obviously not satisfied noble Lords, if I undertake to write to them, that might be a better way forward.

Lord Liddle:

I thank the noble Baroness for her comprehensive reply to the debate. However, I seek clarification. In her speech, she emphasised the difference between the siting decision and the planning decision. Clearly, if the order goes through, Cumbria County Council becomes a consultee on the planning decision taken by the Secretary of State—I would hope, a prominent consultee.

However, the planning decision would come only after the siting decision. I would like an assurance—I realise that it may involve consulting DCLG as well as the Minister’s department, so she may not be able to answer this today—that, if Cumbria decides to go ahead with a local government reorganisation that gets rid of the district councils and has one or two unitary authorities, they would become the key bodies that would have to approve a siting decision.

Baroness Verma:

My Lords, given that there is no inspiration floating from behind me, I undertake to put my response in detail to the noble Lord. I finish by saying that, even with all those processes, it will still have to go out to the public for public support. Ultimately, it is for the public to decide.

Motion agreed.

Westmorland & Lonsdale Green Party Oppose the Scrapping of Democracy for Nuclear Agenda

Dr Chris Loynes Westmorland & Lonsdale Green Party
Dr Chris Loynes Westmorland & Lonsdale Green Party

This excellent letter  published below was sent yesterday to the House of Lords by Dr Chris Loynes of the Westmorland & Lonsdale Green Party.  The letter outlines the many reasons why the House of Lords should throw out the plan to scrap democracy in order to accommodate the nuclear industry’s agenda.

Please feel free to make similar points in your own letters to be sent before Wednesday 3.45pm,  when the Lords will be discussing this.

Send to : Cumbrian Lords including

Lord Inglewood:
Lord Liddle:
Lord Judd:
Lord Rea:
Lord Clark:
Lord Bishop of Carlisle:

There are over 700 Lords altogether – you can try another email to be forwarded onto ALL members of the House of Lords

This will also be debated in the House of Commons – but the urgent letter for now is to the House of Lords!

Dear Sirs

Re Geological nuclear waste disposal

On Wednesday the House of Lords will consider in Grand Committee legislation that will remove the right of Cumbrian residents to have a say in whether nuclear waste is stored underground in the county. I am writing on behalf of Westmorland and Lonsdale Green Party to urge you to consider carefully the removal of this right and to encourage you to argue against the loss of an essential democratic element in the planning process for nationally significant infrastructure projects.

The Green Party are opposed to the further development of nuclear power but we recognise that the waste already generated must be stored securely and safely for the future. However, we believe this storage must be a transparent process open to scrutiny and engaging the public in a democratic decision about how best and where this should be done.

The 2013 public consultation into the siting of a GDF document states:

“Any planning application will need to take account of community views where they are relevant – but there is no requirement for community support inherent in the planning process itself.”

This is inherently undemocratic and shows a high level of disdain for those who would oppose GDFs, both locally and those who could be affected should water contamination occur. The consultation goes on to say:

“Through application of this voluntarism and partnership siting we would go further and require a demonstration of community support before development could proceed.”

How can community support for such a scheme be demonstrated if the decision is taken out of the hands of the local layers of government and placed squarely into the hands of the Secretary of State?

Cumbria County Council opposed the siting of a GDF in their area based on their careful scrutiny of the thorough scientific evidence; yet the local councils were swayed by the “community benefits” which is arguably tantamount to bribery. There are inherent dangers in the so-called ‘voluntarist approach’ especially since UKOOG has defined ‘community’ as perhaps being the sole tenant on any given site. But to abandon the democratic process completely, by adopting the process for a NSIP and exclude locally-elected councilors, county officials and removing the need for public consultation will result in the British populace feeling like they have had this GDF rammed down their throats.

We ask you to help sustain the rights of every citizen to be engaged in making this difficult decision.

Yours sincerely

Chris Loynes
Ppc for Westmorland and Lonsdale Green Party


LA12 7EU

Westmorland and Lonsdale Green Party Campaigning in South Lakeland for the General Election 2015

Take Action Today to Stop the Nuclear Dump Plans

Nuclear Dumping?  We Don't Need YOU! image by Logi Cal
Nuclear Dumping?
We Don’t Need YOU!
image by Logi Cal

On Wednesday the House of Lords under the Chair of Baroness Verma will be discussing  in Grand Committee in the Moses Room at 3.45pm the plan to push  through legislation that will remove our right, and the right of Cumbria County Council, to object to burying radioactive waste underground.  This would potentially be at levels where fresh water circulates.

They hope to do this by 2016 by adding geological disposal facilities (GDFs) to the list of NSIPs (Nationally Significant Infrastructure Projects).   NSIP  forces through the government’s plans for New Nuclear by denying communities the voice usually afforded to them via public inquiries.

The government hoped the Nuclear waste ‘problem’ was going to be solved by communities coming forward to volunteer to take the waste, now that plan has fallen by the wayside the government want to impose it on us by  designating it as NSIP.  The hard won protections of planning permission, listed building consent, scheduled monument consent and conservation area consent amongst others ARE NOT REQUIRED  for Nationally Significant Infrastructure Projects.  This already seems to be happing with regard Moorside where 100 boreholes up  to 150 deep are being dug on what should be protected land on the say so of one official in Copeland Borough Council.  This total lack of scrutiny will escalate should Geological Disposal Facilities (including “borehole disposal” of nuclear wastes)  be added to the already undemocratic NSIP legislation.

Radiation Free Lakeland fully support the letter sent by No Nuclear Waste Dumping to the House of Lords.  We urge everyone to send similar letters to Cumbrian Lords and whoever else you can think of to oppose this diabolic plan.

The Full Letter is reproduced below – please use all or part as a template for your own individual letters.


Re:  Draft Infrastructure Planning (Radioactive Waste Geological Disposal Facilities) Order 2015

I am writing to ask you to consider speaking out against and voting against the proposed addition of radioactive waste geological disposal facilities (GDFs) to the list of nationally significant infrastructure projects (NSIPs) which will REMOVE THE VOICE of local and county councils and their respective communities from the decision-making process.

This debate is due to take place in The Moses Room, 3.45pm, Wednesday 25th February 2015 in The House of Lords.

The Department for Energy and Climate Change (DECC) has laid this draft Order with an Explanatory Memorandum (EM) on Jan 12th 2015.  The Order will bring certain development relating to geological disposal facilities (GDFs) for radioactive waste, and the deep borehole investigations necessary to determine the suitability of potential sites, within the nationally significant infrastructure project (NSIP) regime in the Planning Act 2008.  Where development falls within the NSIP regime, developers are required to apply for development consent from the Secretary of State under the 2008 Act.

This Statutory Instrument is subject to affirmative resolution procedure.  No date has yet been set for this issue to be dabated in the House of Commons. The Joint Committee on Statutory Instruments found no reason to report the SI to the House.  BUT the Secondary Legislation Scrutiny Committee did find a reason/reasons to report it to the House:

As you can read in the scrutiny committee’s report (above) DECC have not correctly interpreted the results of the public consultation 2013 consultation, entitled “Review of the Siting Process for a Geological Disposal Facility”, which ran for 12 weeks from September to December 2013. These proposals included the preliminary view that GDFs, and associated intrusive borehole investigations for the purposes of site characterisation, should be brought within the definition of NSIPs in the 2008 Act.

The Department for Energy and Climate Change FALSELY claimed that a minority of respondents were not in favour of these proposals.

You will also note the relatively small number of respondents to this GDF-Siting Consultation (719) when contrasted with the public response to the Consultation on Proposal for Underground Access for the Extraction of Gas, Oil or Geothermal Energy. The consultation ran from 23 May to 15 August 2014 and received in total 40,647 responses from individuals and variety of organisations – 99% of whom were AGAINST the proposals.

One explanation for this huge difference in public participation, is how much publicity there has been on Fracking – which the Government has actively promoted and has been a hot topic in the media for several years.

By contrast the public have been largely unaware of the plans for GDFs; including the distinct possibilty of a Deep Borehole Disposal method of burying canisters of Higher Activity Waste at depths of between 3 – 5Km.

The expressed public objection to Fracking was largely due to the scientific evidence, published in the United States that PROVED 5% of all initial deep boreholes FAIL. This finding, as reported in the Washington Post, “points to different culprits: faulty drilling and well completion techniques.” and has lead to widespread contamination of drinking water supplies.

A study published in 2014 conducted by Durham Energy Institute, Department of Earth Sciences, Durham University, that looked at data from onshore wells all over the world found, “the percentage of wells that have had some form of well barrier or integrity failure is highly variable (1.9% – 75%)”

The Nirex Study investigating the suitability of siting a GDF in Eskdale (which cost £400Million and included 70 exploratory boreholes) found that the geology and hydrology of the area was too complex. Despite the local councils of Allerdale and Copeland being in favour the scheme, which came with the financial incentive of, “community benefits” for agreeing to the so-called ‘voluntarist approach’ the Cumbrian County Council wisely DECLINED the scheme based on the sound scientific evidence that proved it was unsafe.

The 2013 public consultation into the siting of a GDF document states:

“Any planning application will need to take account of community views where they are relevant – but there is no requirement for community support inherent in the planning process itself.”

This is inherently undemocratic and shows a high level of disdain for those who would oppose GDFs, both locally and those who could be affected should water contamination occur. The consultation goes on to say:

“Through application of this voluntarism and partnership siting we would go further and require a demonstration of community support before development could proceed.”

How can community support for such a scheme be demonstrated if the decision is taken OUT OF THE HANDS of the local layers of government and placed squarely into the hands of the Secretary of State?

Cumbria County Council opposed the siting of a GDF in their area based on their careful scrutiny of the thorough scientific evidence; yet the local councils were swayed by the “community benefits” which is arguably tantamount to bribery. There are inherent dangers in the so-called ‘voluntarist approach’ especially since UKOOG has defined ‘community’ as perhaps being the sole tenant on any given site.  But to abandon the democratic process completely, by adopting the process for a NSIP and EXCLUDE locally-elected councillors,  county officials and removing the need for public consultation will result in the British populace feeling like they have had this GDF rammed down their throats.

The GDF has to remain secure and safe for 100,000 years and it is simply OUTRAGEOUS to exclude local government, and thereby the people that they represent, from planning decisions on a facility with such widespread far-reaching consequences for current generations and all future generations.

Involvement of the county council, planning inspectors, members of the public and the experts they may call upon is ESSENTIAL to provide the level of scrutiny that is required when considering a project such as a GDF.

In this instance it seems clear that the motivation behind the move to add GDFs to the list of NSIPs is fueled by a wish to divert democracy, rather than streamlining the planning process, which is what the creation of NSIPs was supposed to achieve.

We would ask the Lords to agree that the remit of the parent act (2008 Planning Act) is NOT SUFFICIENT GROUNDS to hand the responsibility of making such a HUGE decision over to the Secretary of State.

A scheme as crucial to the health and safety of our entire nation requires the full attention of every layer of government, after a public awareness campaign of equal size to the one that has promoted Fracking.

The waste DOES have to be properly put to bed, and the sooner the better. What to do with this waste is THE question for our generation. Fukushima is an indescribably catastrophic living nightmare, illustrating how lethal these radioactive poisons are – to all living things. Parts of the UK are still contaminated from the 1956 Windscale fire and the Chernobyl accident.

The consequences of entombing nuclear waste underground are largely unknown. Where this has been tried at WIPP in New Mexico, they had a criticality incident and the radionuclides reached the surface and leaked into the surrounding area. The collapsed ceiling at WIPP remains an unsolved problem over a year after the accident.

There is no guarantee that a geological disposal facility can contain the radionuclides long-term, and not enough knowledge of how water flows underground, or how it travels though faults in rocks. Dangerous levels of radioactivity could end up in aquifers that supply drinking water, or into the atmosphere and geosphere.

As far as we are aware, all of the research used in evidence to show the process is safe has involved computer modelling. It would be impossible to list all the variables in a computer program and the real life scenario could be very different, and result in radionuclide escape and transport to groundwater sources far quicker than predicted.

The REASON for the change of gear and approach in dealing with nuclear waste is because the EU decreed that ‘the UK must have a robust plan in place for the stored waste and future waste legacy’ to get the green light for the New Generation of Nuclear Power Stations (Hinkley C and Moorside)

To summarize, the outrageous reality of this sudden urgency to deal with the waste and bypass the planning consent of the local authorities is this:

1) The Research & Development in this brand new field is simply NOT READY and an artificial speeding up of the planning and consent process is unwise.  The technology to achieve this aim SAFELY does not exist yet. And the plans on the table rely on computer modelling that the programmers themselves admit the limitations of (this fact is published.)

2) A lot of the funding for the ongoing R&D is coming from the Nuclear Industry itself. There is a clear conflict of interests, given that plans to dispose of the waste will lead to the development of new Nuclear plants and the astronomical profits that industry creates.

3) The £400Million Nirex Study into a potential GDF at Eskdale concluded that THE GEOLOGY AND HYDROLOGY OF THE AREA WAS TOO COMPLEX to safely site a GDF there.

4) Rather than ACCEPT the Cumbrian County Council’s decision to say NO to this plan, the government is instead proposing to REMOVE the powers of this planning authority by classing this activity as NSIP, thus excluding due democratic consideration at all levels of representative government – whilst claiming that it is in fact pursuing a ‘voluntarist’ approach.

In conclusion, we would ask you to VOTE AGAINST the draft Statutory Instrument that would make the GDF fall under the process of NSIP and slap democracy in the face.

We beseech you to consider that the only SAFE way of tackling the waste is if the BEST scientists, geologists and engineers were working on such a project NOT constrained by time or budget in a NOT-FOR-PROFIT setting.

We believe that existing nuclear waste should be stored in a retrievable manner at the surface, or near to the surface, in line with Scotland’s Higher Activity Radioactive Waste Policy 2011. Waste could then be monitored and managed appropriately without risk of exposure to water supplies, and without additional cause for concern for future generations.

The recent experience of the NMP (Nuclear Management Partnership) private consortium (now sacked!) up at Sellafield PROVES that profit-making and safety DO NOT MIX and that system is wide-open to abuse. The private sector cannot be trusted to dispose of this waste, especially given how financially lucrative the contracts are and that cash grants are being made available to the tune of £10,000 to encourage companies to apply for Decommissioning work under the F4N, Fit for Nuclear, scheme.

The government’s solicitors, Pinsent Mason have ALREADY hosted a “masterclass” in how to get a commercial application to join in decommissioning and waste disposal contracts classed as NSIP.

Yes, BEFORE either House has affirmed this Statutory Instrument!

This demonstrates the flagrant disregard the government has for democratic due process in it’s haste to wish to claim that it has a plan to deal with this waste, which will allow Nuclear new build to commence.

We ask you to intervene to prevent the progress of these plans which we feel sit outside of the law and are NOT in the best interests of the United Kingdom, it’s people, land and environments and all future generations.

Furthermore, given the inherent and dramatically demonstrated disastrous consequences caused by the existence of Nuclear Power Plants and it’s legacy of waste, we believe that no more should be generated, especially in light of advancements in the renewable energy sector, and the opportunities available to make our homes far more energy efficient than they are at present.

Regardless of opinions on nuclear power, the inclusion of GDFs in the list of NSIPs would be undemocratic, and unlikely to meet with favourable community feeling.

Yours sincerely

Rebecca Martin of No Nuclear Waste Dumping

Eleanor Bull of No Nuclear Waste Dumping



This list of concerns is from the ‘Rock Solid?’ report by Gene watch UK produced for Greenpeace:

  • Copper or steel canisters and overpack containing spent nuclear fuel or high-level radioactive wastes could corrode more quickly than expected.
  • The effects of intense heat generated by radioactive decay, and of chemical and physical disturbance due to corrosion, gas generation and biomineralisation, could impair the ability of backfill material to trap some radionuclides.
  • Build-up of gas pressure in the repository, as a result of the corrosion of metals and/or the degradation of organic material, could damage the barriers and force fast routes for radionuclide escape through crystalline rock fractures or clay rock pores.
  • Poorly understood chemical effects, such as the formation of colloids, could speedup the transport of some of the more radiotoxic elements such as plutonium.
  • Unidentified fractures and faults, or poor understanding of how water and gas will flow through fractures and faults, could lead to the release of radionuclides into groundwater much faster than expected.
  • Excavation of the repository will damage adjacent zones of rock and could thereby create fast routes for radionuclide escape.
  • Future generations, seeking underground resources or storage facilities, might accidentally dig a shaft into the rock around the repository or a well into contaminated groundwater above it.
  • Future glaciations could cause faulting of the rock, rupture of containers and penetration of surface waters or permafrost to the repository depth, leading to failure of the barriers and faster dissolution of the waste.

Earthquakes could damage containers, backfill and the rock.

Nuclear Champion or Nuclear Conman?

Imperial College - Professor Robin Grimes
Imperial College – Professor Robin Grimes

Last night Radiation Free Lakeland joined representatives from Lancaster District CND and Lancaster residents in demonstrating outside the Storey Institute in Lancaster. In association with Lancaster Uni, Professor Robin Grimes from Imperial College, a leading “Nuclear Champion,” was giving a talk on “What Nuclear New Build Means to the North West.”

Professor Grimes came to speak to us outside saying “I’ve never had a demonstration outside where I’ve been speaking before.” He should come to the NW more often! There were only a few of us but listening to his cheerleading for the nastiest most vicious industry on earth, there should have been tens of thousands demonstrating outside.

Following our demonstration we went into the lecture. Professor Grimes asked for a show of hands early on to see who was supportive of nuclear. The audience was largely pronuclear . The dissenters at the Nurenburg rallies probably felt pretty much the same deeply horrified emotions as myself and my colleagues were feeling.

Professor Robin Grimes is the advisor to government select committees on all things nuclear. After some brightly coloured graphics on how nuclear reactors work and his enthusiastic cheerleading for the “nuclear renaissance” it is easy to see how attractively the bright shiny nuclear future can be presented to our gullible government ministers. With the right smoke and mirrors and the vacuum left by Friends of the Earth and Greenpeace, the soundbyte that nuclear is “safe and low carbon” is all but unchallenged in the mainstream media and corridors of power. Those individual voices of dissent, true and committed as they are, are swatted away like annoying midges.

The most memorable quotes of the night from Professor Grimes were:

“Government needs to learn how to deal with the public”

“We will have the technology to carry out geological disposal, there is no technical barrier”

Nuclear waste is not an ethical issue

“The only barrier to next generation reactors/thorium reactors is cost”

“new build will not increase the footprint of Sellafield as it will be within the fences” (WHAT!!!! see here)

In a previous presentation for Imperial College, Professor Grimes has said that the Sellafield Magnox Sludge Ponds contain corroded Magnox cladding and Radionuclides that are “currently impossible to predict. AT PRESENT THESE WASTED CANNOT BE TREATED”

This is at odds with the hellish optimism we witnessed in Lancaster.  We suspect it is also at odds with what government ministers in Select Committees have heard from Professor Robin Grimes when they agreed to new nuclear build. There was no mention at all from the Professor on the environmental and health devastation that nuclear is known to cause, but which is not admitted by the industry or our colluding government.

Why aren’t the industry’s best scientists working to CONTAIN the wastes instead of working flat out and with public money to make EVER MORE?











Madness Continues…Another Government Committee to “Implement Geological Disposal”


Radiation Free Lakeland are not the only ones asking: Who are RWM?

Following the successful fight against  NIREX in the 90s and against MRWS  in 2013 , the latest incarnation is RWM – Radioactive Waste Management.

We assume that RWM  have done their homework and understand that
there is no safe “Geological Disposal Facility” (GDF) anywhere in the world.

The US Yucca Mountain proposal has just been ruled for about the third time as being too likely to suffer from earthquakes and subsequent meltdown.

The only operational “pilot” GDF in Mexico has recently experienced catastrophic fracturing of the containment vessels, releasing large amounts of lethal radioacitivity into the atmosphere and causing widespread public and worker health problems.

The Sellafield long term waste will remain contaminated
with radiation upwards of  thousands of years and continues to seep into groundwater under Sellafield.  More waste arrives every week at Sellafield for the insanity of reprocessing which adds to the overall volume of waste many times over.

No area of the UK would reach a different conclusion from that of Cumbrian residents provided they are as well informed as to the unacceptable risks such a ‘volunteering community’ would be forcing a snowball of radioactive blight on its residents for thousands of years.

Why is the NDA continuing to waste taxpayers’ money on yet another nuclear
white elephant?

Has it anything to do with keeping the whole nuclear agenda on track?

It is to pretend to the public that there is a solution to the nuclear waste problem?

Is the way being smoothed in order to build dangerous new nuclear plants and make waste that is even hotter than from existing reactors?

When we say “What about the waste”  they say :

“We have a plan all we need is a willing community”

We say   STOP!!  Enough is Enough

Radiation Free Lakeland strongly oppose geological dumping of radioactive waste ANYWHERE and will continue to argue for a halt to the production of  new wastes.  We will argue for the waste to stay on the sites where it has been produced,  for it to be monitored into eternity with retrievable storage

The Office for Nuclear Development have sent the letter below to people who contributed to (or fell for)  the last CONsultation.  Again this new CONsultation does not allow for a clear NO to the geological dumping of heat generating nuclear wastes anywhere.  We will be opposing rather than submitting to this entirely reasonable sounding CON :

From: Office For Nuclear Development <>
Date: Mon, Sep 29, 2014 at 5:14 PM
Subject: Geological screening events
Dear stakeholder,

We are writing to you as someone who responded to last year’s consultation
on the geological disposal of radioactive waste.

The White Paper, published following our consultation, made clear that
before inviting communities to come forward and become interested in a new
process to find a site for a radioactive waste geological disposal facility
(GDF), a number of “initial actions” would be undertaken.

One of these initial actions is a new programme of national geological
screening which will be carried out on Government’s behalf by Radioactive
Waste Management Ltd. (RWM). RWM is the Government appointed delivery
body for a GDF.

RWM is now starting this geological screening exercise and will be doing it
in a fully open, transparent and accessible way. As a first step in this
process, RWM is planning a series of public engagement events, open to all,
which will both explain the process and its intended outcomes and, more
importantly, seek relevant inputs from interested parties.

To assist in planning these events, RWM has asked us to contact respondents
to DECC’s consultation as a way of gauging likely interest in such
events. This will enable them to be as useful and accessible as
reasonably possible.

Given your interest in the issues surrounding the disposal of radioactive
waste, expressed through your response to the consultation, RWM would
particularly welcome an indication of your interest in participating in one
of these initial public events.

If you would be interested in participating, please contact RWM directly,
at the email address below, with the following information:

1. Your name

2. Contact email address

3. Organisation you represent (if any)

4. Time of day convenient for you to attend (daytime/evening)

5. Location: London, Bristol, Birmingham, Manchester, Leeds,
Newcastle, Other (please specify)

Please send this information to by *Monday 6
October. *

If you have other contacts who you know might be interested to attend, feel
free to forward this message.

You can subscribe to RWM’s email bulletin to be kept up to date on the
latest developments on the geological screening exercise and wider GDF
programme (

Thank you for your continued interest in this important subject.

Kind regards,

*The Office for Nuclear Development *

Welsh MP says Cumbria should be the Nuclear Sacrifice Zone

People against Wylfa B
People against Wylfa B


The following is a message from colleagues in Wales at People against Wylfa B

A Welsh MP, Albert Owen has been pushing for Cumbria to be the nuclear sacrifice zone.

Please write, phone, tweet, email and let this  MP for Wales, Albert Owen know

that Cumbria is not willing to be the nuclear sacrifice zone . Lets show

solidarity with Wales, the only reason there is a ruthless push for

“geological disposal” here in Cumbria’s complex and leaky geology is to

facilitate insane new nuclear build in Wales and elsewhere.  


“Dear friends in Cumbria,

There is a story in today’s Daily Post, the paper which has the widest

circulation in Anglesey, about the government’s announcement yesterday

regarding bribing communities to accept a geological nuclear waste

repository. Our bright spark of a Labour MP for Ynys Môn, Albert Owen who

is rabidly pro Wylfa B, is quoted in the story saying the dump should be in

Cumbria because you have the necessary “skills set” there and it is his

understanding that the geology is suitable. You can view the story in the

Daily Post online.

Mr Owen’s e-mail is I’m sure quite a number of you

would like to contact Mr.Owen to challenge him on his outlandish assumption

regarding geology.


We in PAWB have strong links with the NFLA and Sean Morris, and the Stop

Hinkley gang. We have been down to two of their rallies in Somerset and

they have been up to one of ours in Llangefni. I think it is about time

that we got to know you in Cumbria better so that we can co-ordinate

campaigning and share ideas.


I look forward to hearing from you.


Best wishes,

Dyan Morgan

Co-ordinator PAWB, Pobl Atal Wylfa/ People against Wylfa B”


more info:

MP Albert Owen was given a free trip by GEHitachi to Japan at the end of June alongside Rhun

ap Iorwerth the Plaid Cymru Assembly member for Ynys Môn. They were over there for 5 days to cement the

relationship with GEHitachi and marvel at the wonders of the Advanced Boiling Water Reactor. Even worse than

that was the fact that the Leader and two senior officers from Ynys Môn County

Council and two senior civil servants from the Welsh Government also went on the trip at the expense of the


CoRWM will be holding a public meeting on September 4 here in Ynys Môn. This will be the same sort of

meeting that was held in Workington.  We hope CoRWM will be given a good Welsh welcome and reminded that

a geological dump is unethical and unsafe ANYWHERE!

The first step to genuinely containing nuclear waste is to stop making any more.


BEACON REPACKAGED while Nuclear Waste Spews Out


Brian Cox Tweets "Very Good Day at the Beacon" 30th May 2014
Brian Cox Tweets “Very Good Day at the Beacon” 30th May 2014

Protest at The Beacon 30th May 2014

Looking at the Alternative Sellafield Story outside the Beacon- 30th May 2014
Looking at the Alternative Sellafield Story outside the Beacon- 30th May 2014


When the UK’s favourite celebrity scientist is roped in alongside a Government Minister to open a local museum you know something big is afoot.

The local museum is The Beacon, formerly run by Copeland Council. Copeland, like councils across the country have had their funding cut by central government. You might think that with Copeland being home to Sellafield, this area would be best placed to withstand the worst of the economic downturn. Instead it seems to be the very worst placed.

All essential services have been mercilessly cut.

From public toilets to the closing of The Civic Centre, nothing spared. Whitehaven’s popular Civic Centre was used by everyone from local theatre groups to Government led public meetings such as Managing Radioactive Wastes Safely. The ironically titled Managing Radioactive Wastes Safely Partnership was dissolved following Cumbria County Council’s momentous no vote on January 30th 2013.

Cumbrians thought that was the end of the nuclear dump plan. We thought that government would go back to the drawing board with their cunning plan to dump heat generating nuclear waste under Cumbria’s complex geology. But like Terminator it seems the “implementation of geological disposal” is unstoppable. Government ministers have certainly never tired of telling Cumbrians what a huge “opportunity” it would be. 

When the “huge opportunity” line didn’t seem to be working the carrot was changed to the perceived stick that “ new build will not happen unless we have geological disposal.”  Never mind that Cumbria, the most nuclear compliant community in the UK has said no several times. Never mind the complex geology and the fact that heat-generating wastes have never been successfully contained in a geological dump.ever…anywhere.

What a golden opportunity then to use The Beacon as a platform to repackage The Sellafield Story in order to make nuclear waste loveable. The Beacon is still funded out of the public purse, only now it is receiving government funds filtered through the Nuclear Decommissioning Authority.


The Sellafield Story has some excellent photographs, archive footage, factoids and timelines. All this serves to give the impression of being open and transparent about Sellafield’s history.


Visitors are greeted with a big picture of a mushroom cloud to illustrate the industry’s origins as nuclear bomb manufacturer. The text is however careful not to mention that the Ministry of Defence and the operators of Sellafield, the Nuclear Decommissioning Authority are still wedded. The Nuclear Academy, along with partners the NDA, the Northwest Regional Development Agency (NWDA), West lakes Renaissance and British Nuclear group officially commenced construction of The Nuclear Academy just up the road from the Beacon on 9th March 2007.


The Nuclear Academy describes itself as a “world class centre of excellence for nuclear skills development” including… defence!

Meanwhile the last generation of “defence” nuclear submarines look likely to be dumped, sorry, “decommissioned” at Sellafield. These factoids are just some of the high level omissions from The Sellafield Story.



Cumbrians are beginning to learn that “decommissioning” means dispersal to the environment. The exhibition has some snazzy computer games. One of these is to test smashing up radioactively contaminated buildings with a bulldozer. Curiously The Sellafield Story does not follow up on where the smashed up rubble will be dumped. Cumbrians were surprised to learn that Sellafield is routinely dumping radioactive rubble in landfill, not just any old landfill but ironically the one right next door to the Nuclear Academy in Lillyhall, Workington.

Sellafield was fined over £700,000 for illegally dumping 3 bags of low level and one bag of intermediate level waste into the landfill instead of newly classified “exempt” waste. The landfill operators got off not only scot free but with a license to dump a further 1 million cubic metres or more of radioactive rubble into the landfill’s spare capacity. 

Not only from Sellafield but also from Scotland’s Chapel Cross and elsewhere. Both European and UK Laws have been changed to accommodate the nuclear industry’s fly tipping.


There is just one column about protest and this rather ungraciously shows Bono smoking a cigarette on the beach at Sellafield in the 1990s during Greenpeace’s Stop Sellafield campaign which aimed to prevent the Thorp reprocessing plant going ahead.  At least Bono had free choice to smoke the cigarette. As a result of reprocessing activity and previous discharges, Cumbrians are exposed and unprotected from radioactive particles washing up onto our beaches with every tide. These particles include cesium, plutonium and americium. Young children and pregnant mothers are, as with all things nuclear at greatest risk of damage to health. Despite the incidence of particle finds increasing dramatically over the last few years, monitoring and retrieval has been cut back.


This is what Sellafield does in spades – it was the original purpose of the plant – to extract the bomb making material called plutonium from spent nuclear fuel. In recent years the rationale was to reuse the plutonium in MOX fuel – this was a catastrophic failure described in an internal government report as “not fit for purpose” after racking up £2bn in debt and polluting the environment.


However, the Sellafield Story spins it: “a chemical operation called reprocessing, is used to separate the 3% of waste products. The 97% that is left is the uranium and plutonium which can be used again”.

Truth is, reprocessing actually increases the volume of nuclear waste by as much as 189 times compared with the original spent fuel. Virtually all the radioactivity ends up as massive and hazardous waste streams spewing out of Sellafield.


As well as the increased waste streams everything involved in the process becomes contaminated with radioactivity. This includes huge quantities of solvents and acids, containers, filters, machinery and even the fabric of the reprocessing buildings. The only reason trains and boats continue to bring spent fuel/nuclear waste to Sellafield is for the insanity of reprocessing.


While Brian Cox’s enthusiasm for the scientific dream of nuclear fusion is understandable, his endorsement of nuclear fission’s “business as usual but more of it” is dodgy.


Who needs fusion or fission anyway when increasingly renewables are outstripping nuclear. 

On opening The Beacon, Professor Cox gushed proudly that the nuclear industry has a “track record second to none!” That we can agree with…



Radiation Free Lakeland went along to the opening of The Beacon with their Alternative Sellafield Story from uranium mining to the plan for geological dumping. RaFL are all volunteers and activists giving their own time and expertise freely. Any donations go directly to campaigning for nuclear safety  ………Stop and Contain.





Professor Brian Cox Taking the Sellafield Lollypop

Prof Brian Cox taking the Sellafield Lollypop!
Prof Brian Cox taking the Sellafield Lollypop!

Prof Brian Taking the Sellafield Lollypop! ”

If you understand statistics…you will be very comfortable with nuclear”

If a red hot poker were to be stuck in Prof Cox’s eye, then using the same statistical collective dose method that the nuclear industry uses he should be very comfortable with the heat over the whole of his body.

In real life radioactive isotopes bind to specific organs , caesium to the heart muscle, radioactive iodine to the thyroid, strontium to the bone etc

There are moves to further reduce measurement of  even the flawed ‘collective dose’ as a result of the increased exposure to radioactive fallout.