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GDF Siting Process Re-Opens: Overview & Analysis

There was a lot to unpack from the Government’s surprise announcement on the eve of Christmas, and try to understand what that might mean for the GDF siting process in 2019, and beyond.

BEIS announcement

Announced by way of a Written Ministerial Statement, the Government published:

• its Working With Communities policy, setting out the consent-based framework for the site selection process
• a summary of consultation responses, with an explanation of where and why the Government accepted or rejected opinions it had received
• a Memorandum of Understanding, setting out more information on the Third-Party Expert View mechanism which is designed to provide independent scientific support to help provide clarity to communities in the event of any disputed science

RWM’s supplementary announcements

In addition to the Government’s announcement, RWM also published a suite of information as the first steps in the re-opening of the siting process:

• a public consultation on Site Evaluation criteria
• Community Guidance document, explaining how RWM intends approaching and implementing the consent-based siting process
• regional geological summaries, to provide basic information to interested communities

Click on the following links for our separate initial analysis and observations on the Site Evaluation public consultation, and on the National Geological Screening regional summaries.

Working With Communities policy

Following public consultation, there have been subtle changes to the policy which clarify the role of local authorities, and also ease entry into or withdrawal from the siting process.  The Government appears to have listened to consultation comments, which were more focused on improving practical implementation of the policy.

Local authorities now have more formal roles in the Community Partnership.  For example, they would lead the decision on community withdrawal from the siting process, or of moving to the Test of Public Support (ToPS) stage.  These changes reflect the reality of local authorities having wider statutory obligations and functions, but remove the risk that one local authority could stop community interests even discussing participation in the siting process.   Also, one local authority cannot now over-rule another (avoiding a “Cumbria 2” scenario).

The Government also seems to have understood that more flexibility in timing and availability of engagement funding is required to support community-level interests from the very earliest stages.  The policy has done away with the “formative engagement” phase.  The policy now envisages initial ‘Working Groups’, which do not require local authority participation or approval.

There is also now an explicit commitment to providing separate funding to local authorities, to cover any costs associated with participating in the GDF siting process — so that local taxpayers are not be required to bear any financial burden.  With the parlous state of local government finances, and the politically contentious and speculative nature of entering the GDF process, this is an important concession by the Government, to reduce real or perceived barriers to participation.

The GDF siting policy, and RWM’s subsequent Community Guidance, sets out an ambitious list of activities for the Community Partnership around citizen engagement and participation, and promises to fund these and other relevant activities.  Fulfilling these commitments will be vital if the siting process is to succeed.  However, no mention is made of budgets.  This is going to be an inevitable area of contention.  Communities’ wishlists are likely to exceed HM Treasury’s willingness to pay.  But in a consent-based process, the balance of negotiating power does shift away from those who are soliciting the goodwill and participation of a potential partner.  Some interesting discussions ahead!

On balance, the new GDF siting policy has gone as far as might reasonably be expected in developing a flexible framework that might help start and sustain discussions.  The difficulty lies in implementation.

The Year Ahead

So how will all of this roll-out in the coming year, and what can we expect during 2019?

In brief:

• reaction to the Government’s policy has largely been positive and constructive, though everyone is aware that now is when the hard work begins, implementing the policy
• there seems to be a widespread view that any interested communities are unlikely to start coming forward until later in 2019 – but always be prepared to be surprised!
• RWM are planning awareness-raising and relationship-building activity to start rolling out in the next few weeks
• part of this work will be conducted via the regional workshops RWM are planning in support of the Site Evaluation public consultation – these events are expected to take place during February
• there also seems to be a widespread view that there is no need to hurry communities at this stage, because there is still significant work to be done in building awareness and understanding, particularly within the community and civil society sectors
• a growing awareness that discussion is probably less likely to solely focus on science and technology at this point, but will be a broader social/political debate about how to most effectively implement the consent-based and partnership approach, that balances the rights of the community with the requirement to progress the site selection process.

Conclusion

In making the announcement before Christmas, the Government have gone some way to protecting the geological disposal programme from any political inertia or fall-out from Brexit.

The consent-based process is unique and untested, and critics are sceptical that Government will actually adhere to its principles.  People are used to a “DAD” (Decide, Act, Defend) process for the siting of major infrastructure projects — a process which has tended to make local people feel marginalised and that key decisions affecting where they live are actually taken elsewhere.  Significant effort and discussion will be required during 2019 to explain and explore with the wider community sector how the principles of the consent-based process can be implemented in a way that builds public confidence in the fairness of the GDF siting process and the effectiveness of community involvement in decision-making.

Nobody underestimates the challenge ahead.  It should be an interesting 2019!

Communities or organisations seeking their own independent informed advice on the GDF siting process can contact GDFWatch for guidance on how and where to find it.  Email us at info@gdfwatch.org.uk