Part of the debate – in the Senedd at 4:32 pm on 21 October 2020.
Diolch, Llywydd. Thank you very much for the opportunity to respond to the debate today, which follows a petition calling on the Welsh Government to demand an EIA in respect of Hinkley. Firstly, like the Chair of the Petitions Committee, I too would like to acknowledge the recent announcement made by EDF Energy and its intentions to conduct a full EIA to provide reassurances to members of the public on its proposed activity. Welsh waters are a shared resource and an important asset to us all. They are home to a diverse range of habitats and species and used by many to support their livelihoods. I understand the concerns surrounding the proposed disposal of marine sediment associated with the Hinkley development in Welsh waters, and I've listened very carefully to the points raised today. I can assure Members we have robust marine licensing legislation in place to ensure the environment and human health is protected against potential impacts from regulated activities at sea. Marine licensing is evidence based, and it's one of the key tools used to sustainably manage Welsh waters. The process is well established, fully supports the requirements of Welsh and UK legislation, and ensures decisions are not made contrary to international law.
As Members are aware, NRW administers and determines marine licence applications on behalf of Welsh Ministers. I am confident it acts in full compliance of its legal obligations, and it continues to act within the spirit of the previous direction, which I issued in 2018, in respect of the now-expired marine licence. NRW is providing better transparency on the marine licensing process, and Senedd Members and the public are afforded more opportunity to engage in the process, where it is appropriate to do so, in respect of this project.
The Welsh Ministers are the appeals body for marine licensing, so I must be mindful of this legal duty and not comment in detail today on the specifics of an EIA in respect of Hinkley. I can, however, talk more broadly about EIAs. By law, EIAs must be carried out by a competent person, and therefore they are typically undertaken by accredited environmental assessment practitioners. EIAs assess the likely environmental impact of an activity, both positive and negative, taking into account matters such as biodiversity and human health. The Marine Works (Environmental Impact Assessment) Regulations 2007 establish the EIA process and set out the legal grounds for reaching a decision on whether an EIA is needed and the information that must be included in the environmental statement, a document produced as part of the EIA to present its findings.
Under these regulations, NRW is both the appropriate authority and the regulator. EIA is, therefore, a technical and regulatory matter for NRW. It is not for Welsh Ministers to demand an EIA. The legal processes must be followed. I can assure Members NRW will require a robust and thorough EIA process to support an application for a marine licence, which will be subject to consultation with NRW's technical experts and with members of the public. A marine licence to dispose of marine sediment will only be granted by NRW following a favourable decision on the EIA, and only if the necessary sediment testing, which will be conducted in line with international standards, determines clearly the material is safe and suitable for disposal back at sea, and poses no significant risk to environmental or human health.
Last year, I announced the publication of the Welsh national marine plan, setting out our vision for clean, healthy, safe, productive and biologically diverse seas. This is an ambitious plan that represents a major step forward in the way we manage our waters and secure a sustainable future. I am committed to ensure sustainability is at the heart of decision making and that we have a marine licensing process in Wales that is fair for all, fit for purpose, robust and transparent, with decisions based on sound science. This ensures our precious waters are clean, healthy, safe, productive and biologically diverse, now and for future generations.
Finally, as Members are aware and as Jenny Rathbone referred to, an external expert stakeholder reference group was established earlier this year, at the request of the First Minister. The group, chaired by Jane Davidson, will provide Ministers with advice on the implications of the Hinkley development on the well-being of Wales. The group has met several times and, to ensure transparency on the matters considered by the group, summaries of its discussions are published on the Welsh Government website, where terms of reference for the group and working methods are also available for anyone to view. Diolch.