The Nuclear Free Local Authorities have registered an official complaint accusing the Business Secretary Kwasi Kwarteng MP of misconduct over his recent pronouncements on the proposed development of the Sizewell C nuclear plant in Suffolk.
Last month, the Minister confirmed the government’s commitment to the project in an interview with the BBC ‘Today’ radio news programme, and has also pledged the government to a 20% financial stake in the new project (a sum amounting to at least £4 billion), despite the proposal still awaiting formal planning approval to proceed from his own department. A decision and announcement are expected on 25 May.
Chair of the NFLA Steering Committee, Councillor David Blackburn, has now written to Ms Sarah Munby, Permanent Secretary to the Department of Business, Energy and Industrial Strategy (BEIS) to complain that the Minister’s conduct breaches the Department’s Ministerial Propriety Guidance, which requires ministers to “avoid expressing views on the merits of a proposed scheme which is (or is likely to be) the subject of an application, in a way that might be, or might be perceived to be, prejudicial to the eventual determination of such an application”.
BEIS, rather than local planning authorities, make the final decision over planning approval because the project is deemed to be critical national infrastructure.
It is the NFLA’s contention that in making a public statement of support on a national radio station and on behalf of the government a financial pledge to the project, the Secretary of State has breached the code and prejudiced the planning application process.
Councillor Blackburn said: “As a local elected member carrying out a planning function in a local authority, I should expect to be subject to censure and sanction by my peers and the public if I behaved in such a prejudicial matter over even the most minor planning matter. Surely then a Minister dealing with a matter of such national importance must be held to a higher standard?”
The NFLA are seeking a public apology from the Minister and a confirmation that another unbiased Minister will now make the decision.
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The letter sent to Ms Sarah Munby, Permanent Secretary to BEIS.
Dated 3 May 2022:
Letter to register a protest at the Secretary of State’s blatant disregard of Ministerial Propriety Guidance over the Sizewell C application
Dear Ms Munby,
I am directing this enquiry to you as departmental lead for the Civil Service in my capacity as Chair of the Nuclear Free Local Authorities. I wish to register the protest of the NFLA about the recent misconduct of the Secretary of State in disregarding the requirements of the Department’s Ministerial Propriety Guidance when making public comments about the Sizewell C application.
Namely that in an interview with the BBC Today Programme, the Secretary of State said that “We (the UK Government) are committed to Sizewell C”. And this followed the Secretary of State’s public affirmation that the Government would be taking a 20% financial stake in the future development of the site.
As these actions took place before the official departmental decision on the Sizewell C application had been publicly announced they would appear to be clearly contrary to the strictures of the guidance which states:
“Ministers will therefore: • …. • avoid expressing views on the merits of a proposed scheme which is (or is likely to be) the subject of an application, in a way that might be, or might be perceived to be, prejudicial to the eventual determination of such an application.”
And furthermore:
“In order to make it clear that these principles are applied: • No official or Minister in consenting Departments can enter into any discussion of the planning merits of any live Planning Act consent application (that is, one that is as yet undecided, or may still be subject to challenge) with any person outside Government or the IPC” [i.e. most certainly not in an interview with a major national radio news channel].
The link to the guidance can be found at:
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/48259/3908-propriety-guidance-develop-consents.pdf
I would suggest that any lay-person reading the guidance could not fail to arrive at the conclusion that the Secretary of State’s pronouncements constitute blatant breaches of the guidance, as he gave a clear indication that the government has pre-determined its decision on the Sizewell C application, regardless of the many representations of objection made by members of the public, local elected members, councils and community groups.
As a local elected member carrying out a planning function in a local authority, I should expect to be subject to censure and sanction by my peers and the public if I behaved in such a prejudicial matter over even the most minor planning matter. Surely then in a situation where a Minister exercises such a function at a far higher level when determining an application relating to a matter of Critical National Infrastructure, s/he should be held to a higher standard?
I appreciate that this letter will place you in a difficult position, but at a time when public faith in the conduct of our current Ministers (including the Prime Minister) is at an all-time low (Party Gate representing the latest low-point in public confidence), I believe that some action should be taken – at the least a public apology from the Secretary of State and a formal confirmation that another Minister in the department shall, in a manner ring-fenced and uninfluenced, make the final determination on the Sizewell C application.
Photo: Secretary of State Kwasi Kwarteng on a visit to the Sizewell C site in January (Credit: Sarah Lucy Brown)
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For more information, please contact NFLA Secretary Richard Outram by email on richard.outram@manchester.gov.uk or mobile 07583097793