Ninth special report - Pre-legislative scrutiny: draft Downstream Oil Resilience Bill. Government Response to the Committee’s Fifth Report

This is the government's response, published 7 March 2022.

Summary written by Accountability Index from the government's response. It is not the government's own words.

The Government welcomes the Committee's support for the case for strengthening fuel supply resilience, says it will "consider" amending the draft bill ahead of introduction "where appropriate", and commits to removing the acquisition power.

• On acquisition control, the Government has "made the decision to remove the acquisition power before the bill is introduced", eliminating Clauses 15-29 and Schedule 1, and will rely on the National Security and Investment Act.
• On definitions and objectives, it "takes on board" the point that the definition of "normal levels" in Clause 2(3) is circular and "will look to amend this"; it will consider a purpose clause and clearer purposes for the powers.
• On parliamentary scrutiny, it will engage with the Committee before introduction "to agree a protocol of engagement" on directions. It does not intend to amend clause 5 on re-consultation, citing public law principles of fairness.
• On penalties, it "does not accept the notion" that the £10 million maximum is excessive or in some cases insufficient, and will publish guidance on civil sanctions "in due course".

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