Hydraulic Fracturing in the UK: The Pursuit of Safety
Further changes to the Infrastructure Bill have now addressed the potential problems for the UK unconventionals industry introduced by a Labour amendment, but the approach of Scottish and possibly Welsh ministers is less encouraging for would-be shale developers.
At the last substantive debate on the Infrastructure Bill in the Commons, an amendment was inserted providing that “any hydraulic fracturing can not take place” unless 13 conditions are fulfilled. The drafting of this “safeguarding” provision left considerable scope for doubt as to when some of these conditions would be satisfied. Such uncertainty inevitably assists those who want to delay or obstruct hydraulic fracturing operations.
The House of Lords has now replaced the Commons’ amendment with drafted provisions that provide a clear and practicable route to satisfying each of the safeguarding requirements proposed by the Commons. Although the Labour spokesman, Lord Tunnicliffe, raised a number of points of detail that he suggested had been lost in translation from the Commons’ amendment to the Government’s version, it seems possible that there will be no further changes when the Bill returns to the Commons for the next stage of the so-called ping-pong process.