That is one of the few things on which the hon. Gentleman and I agree. I made that exact point earlier. My concern is that, currently, there are a few existing licences, but not many. The Department of Energy and Climate Change could grant licences between the current time and when the powers are devolved. That leaves us in a dangerous situation. All powers should be in one place. I am disappointed that the Government have not done that.
That was one of the reasons why Scottish National party members supported the Government moratorium on fracking. I have severe doubts about fracking, but we wanted that moratorium to ensure that work can be done before the Scottish Parliament has the opportunity to consider it in great detail.
In Scotland over the weekend, the Labour party was telling us that it was very keen on a moratorium, and that it was going to stop fracking. Labour Members came down here today and abstained on that proposal. We are told that Labour’s new clause 19 will stop fracking in the UK. Frankly, it will do no such thing, as the Minister rightly said. Nowhere does new clause 19 mention a moratorium. As far as I can see, it does not even apply to Scotland. Unlike Government new clause 15, which had a consequential amendment to ensure it applied to Scotland, new clause 19 had no such consequential amendment. The new clause therefore does not apply to Scotland at all.
Interestingly, the hon. Member for Birmingham, Northfield said that the Minister had hinted that she might change the Bill in the Lords. She was a lot clearer than that. She said definitely that the provision on the depth of the drilling would be changed in the Lords. There is no moratorium, and new clause 19 does not apply to Scotland and is likely to be changed in the Lords in any event. We have not got very far with the Bill.
I remain concerned. I accept that the Bill has improved, but on fracking I urge the Government, even at this late stage, to think again in the Lords about the transfer of
powers. Transferring them now will close the potential difficulty, put all the powers together and allow the Scottish Parliament to take decisions in line with the wishes of the Scottish people.
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