FIRST... Coal mining ban proposed by House of Lords
With a margin of 3 votes (197 for vs 194 against) in the House of Lords on 17th April 2023, Lord Teverson amended the Energy Bill to include a new clause on the 'prohibition of new coal mines' (a ban on the Coal Authority licencing any new coal mining in the UK). This wouldn't stop any coal mines already licenced, and would only apply 6 months after the bill had been passed - but it would cut off the pipeline of new coal mine applications. Just one Conservative Lord voted for this amendment - Lord Deben, Chairman of the UK's independent Committee on Climate Change.
Lord Teverson referred to the Whitehaven coal mine, approved in December 2022, when proposing the amendment, saying "If that happens once, it can happen again - that is why this amendment is so important," he said. He had previously believed a ban was not necessary because it was "totally and absolutely obvious" that building a new coal mine "would be a really stupid thing for a country to do".
THEN... Coal mining ban stripped out by UK Government
Back in the House of Commons, the UK Government Ministers stripped out the amendment banning new coal mines at the Committee-stage, before the revised Energy Bill could be debated and voted on in the House of Commons. MP Caroline Lucas said the Government's approach was "well and truly stuck in the last century...after endlessly repeating the importance of no new coal at COP26, its words have proved to be meaningless". Shadow energy secretary Ed Miliband had said Labour would back the ban.
Opposing the amendment, minister Lord Callanan said the government was committed to phasing out coal but argued that an outright ban could cause a "severe weakening of our security of supply".
NOW... Coal mining ban re-proposed by MPs Chris Skidmore & Wera Hobhouse
In the report stage, Conservative MP Chris Skidmore and Libdem MP Wera Hobhouse have attempted to re-introduce the coal mine ban by tabling similar wording as Lord Teverson's amendment to be put back into the Energy Bill (clause N2). MP Chris Skidmore also seeks to strengthen the UK Government's earler commitment to phase out coal being used to generate energy by tabling another clause (N3) - a prohibition of energy production from coal by 1 January 2025. This would change put the UK Government's policy commitment into legally-binding legislation, making it much harder for this or successive Governments to back-track on that commitment.
Amongst other important ammendments, the wording of the two amendments your MP needs to support are:
NC2 Tabled by: Chris Skidmore & Wera Hobhouse
To move the following Clause—“Prohibition of new coal mines
(1) Within six months of the day on which this Act is passed, the Secretary of State must by regulations prohibit the opening of new coal mines and the licensing of new coal mines by the Coal Authority or its successors.
(2) Regulations under this section are subject to the affirmative procedure.”
NC3 Tabled by: Chris Skidmore
To move the following Clause—“Prohibition of energy production from coal
(1) The Secretary of State must by regulations provide for the UK to cease energy production from coal from 1 January 2025.
(2) Regulations under this section may amend primary legislation (including this Act).”
The report stage for the Energy Bill is currently scheduled for Tue 5th September 2023, the day after the House of Commons returns from summer recess, at which point MPs will debate the various amendments tabled to the Energy Bill. The amendment will almost certainly be debated, however there’s no guarantee that it will be pushed to a vote – this depends on a range of different factors, including MPs’ priorities and whether the amendment is selected by the Speaker for a vote.
THE ASK: write to your MP, asking them to speak in favour of amendment NC2 and NC3 during the debate, and to vote for it, if it is "pushed to a division".
We are now able to reveal correspondence between Welsh Minister for Climate Change, MS Julie James, and then UK Government Minister Minister of State for Energy, Clean Growth
and Climate Change, MP Greg Hands. In a letter dated 07 January 2022, Minister Greg Hands states:
"I do agree that the Coal Authority’s statutory duty to promote an economically viable coal industry, as set out in the Coal Industry Act 1994, is at odds with our climate leadership ambitions and policies on coal so we are looking at measures to review that duty. I understand our officials have agreed to meet to share our thinking on a future licencing regime that reflects our different administrations net zero and climate change goals."
The amendment(s) proposed by MP Chris Skidmore (and Wera Hobhouse) would achieve what Greg Hands admits is necessary to meet the Government's climate commitments. So why did the UK Government remove Lord Teverson's amendment to achieve the same? What has the UK Goverment done to change the "future licencing regime"?
Welsh Labour Minister for Climate Change in the Welsh Government Julie James wrote to then Secretary of State Department of Business, Energy & industrial Strategy Kwasi Kwarteng in the UK Government on 26 October 2021, stating:
"...we consider the statutory duty of the Coal Authority to develop and maintain a viable coal extraction industry must be removed if we are to achieve our policy ambitions." adding "I seek to understand how the [Coal Industry] Act will be amended to reflect the need for the Coal Authority to consider climate policy in its decisions". Julie James is looking for reform rather than dissolving the Coal Authority, saying "....the Coal Authority has an important role to play in rapidly winding down remaining mining operations and delivering long-term environmental protection. In doing so, the Coal Authority has an important role in ensuring those communities affected by the legacy of coal mining receive a just transition."
Welsh Labour clearly indicate the need to reform the Coal Authority in a way that would stop new coal mine applications being licenced and support existing operations winding down, with a just transition for workers involved.
The need for law change: This year, Coal Action Network took the Coal Authority to the Cardiff Courts in a judicial review challenging the Coal Authority's insistence that it cannot consider matters such as climate change in determining whether to award a coal mining licence. The judge agreed with the Coal Authority, which confirms that legislative reform of the Coal Authority is needed to bring its licencing function in line with climate commitments - such as that proposed in amendment NC2 to the Energy Bill.
Time's running out: Since senior UK and Welsh Government Ministers admitted the need to cut off the pipeline of new coal mining applications, both the UK and the planet experienced its hottest ever days (2022 & 2023), June 2023 was the UK's hottest ever, and July 2023 was confirmed the hottest month worldwide since records began, and this year the world has been rocked by wild-fires, flooding, and storms. So the sense of urgency to ban coal mining and use has become even stronger.
Security of supply concerns: Alongside increasing this escalating urgency, TATA Port Talbot steelworks announcing it will imminently transition to recycling steel or else face closure, and British Steel reporting it will close its coke ovens. A credible home insulation plan would remove any energy security issues for keeping warm this - and future - winters, rather than spending more of my tax money propping up dirty coal power stations again. These are the only significant consumers of coal remaining in the UK so there is no energy security case to be made for continuing to mine coal in the UK.
In May 2023, Coal Action Network wrote to the Climate Change, Energy, and Infrastructure Committee (CCEIC) of the Welsh Senedd, informing the Committee of the ongoing illegal coal mining at Ffos-y-fran in Merthyr Tydfil, and the Council and Welsh Government’s refusal to use their enforcement powers to prevent the daily extraction of over 1,000 tonnes of coal…
The end of coal power in the UK – how we got here, what’s still needed? Smoke filled the sky across the industrial parts of the UK, as coal powered the industrial revolution. First coal brought prosperity and progress, but over decades the smoke stacks…
The UK is reaching a major milestone in its transition to clean energy, one that Coal Action Network has campaigned for since its inception in 2008 — the complete phase-out of coal power generation. From October 2024, Ratcliffe power station — the last remaining coal-fired power station in the country…
Coal powered Britain’s industrial and economic expansion during its Industrial Revolution. The abundance of coal discovered in Britain was a key factor that enabled the country’s early industrialisation, developing technologies and industries unfeasible elsewhere due to the lack of cheap energy sources…
Victory! The High Court overturns the 2022 planning permission to mine coal at Whitehaven.
Take action – let planners say no to new coal mining TAKE ACTION The public consultation window for the National Policy and Planning Framework represents the first opportunity since the new UK Government was formed to stop any new coal mine application winning planning permission…
We’ve teamed up with our friends at the Good Law Project to obtain expert legal advice, revealing that ERI Ltd’s disastrous proposal to mine two of the Bedwas coal tips is unlikely to get the necessary permissions. If it does, we’re confident we can challenge it…
The Senedd’s Climate Change, Environment, and Infrastructure Committee (CCEIC) has released a critical report on the management of opencast coal mining in Wales, particularly focusing on Ffos-y-Fran, one of the last opencast…
From Tuesday 16th July to lunchtime 18th July, Lord Holgate heard the case, brought by South Lakes Action on Climate Change and Friends of the Earth, against the Government’s 2022 approval of a new underground coal mine at Whitehaven.
Thanks for really clear summary. Will contact my mp now.