13
Accepted in Part
Assess Finch judgment implications for Ports NPS, adding guidance on emissions assessment
Recommendation
The Government must undertake a thorough assessment of the implications of the Finch judgment for the National Policy Statement for Ports and, where necessary, amends the draft revised NPS to ensure it is legally robust and fit for purpose in reducing the potential for judicial review. Clear guidance must be inserted in the revised NPS on the implications of the ruling, and on how emissions should be assessed for the purposes of Environmental Impact Assessments. (Recommendation, Paragraph 71)
Government Response Summary
The government agrees to include specific guidance on the Finch judgment's implications in the final revised National Policy Statement for Ports (NPSP). However, it clarifies that a full Scope 3 analysis will not be automatically presumed for port developments, which differ from fossil fuel production cases.
Government Response
Accepted in Part
Government Response
Accepted in Part
HM Government
Accepted in Part
The Government has noted the significance of the Finch judgment, which bears on ‘Scope 3’ downstream emissions. We agree with the Committee’s view that the NPSP should include specific guidance in this regard and are providing further guidance in the final revised text. It is important to bear in mind that the characteristics of port development are, in the great majority of cases, very different from the fossil fuel production case that was the subject-matter of Finch. Ports do not themselves produce such fuels, and any responsibilities for assessing Scope 3 emissions in the case of new energy sources would normally lie with the producers themselves. In most cases, the Scope 3 impacts of new port facilities are likely to be both very complex and uncertain to estimate, and at the same time minimal in terms of global impact. It is therefore appropriate to consider the matter carefully at screening and scoping stages, but without an automatic presumption that a full Scope 3 analysis will necessarily be required. The Department for Transport’s Maritime Decarbonisation Strategy intends the expansion of the UK Emissions Trading Scheme (ETS) to encompass offshore shipping by 2027, subject to certain exemptions. In this sense, the downstream emissions impacts resulting from changes to voyage patterns attributable to UK port development will be addressed by measures bearing directly on ship operators, information available to applicants when considering their internal business case. We note that the Nuclear Regulatory Review 2025 has addressed the issue of Finch in the context of nuclear and other low-carbon infrastructure (see recommendation 15). The Government will consider the Review in due course and our response here, and in the revised wording in the NPSP itself, is without prejudice to assessment of that recommendation.
Source
Committee
Transport Committee
Report
4th Report - National Policy Statement for Ports
14 Nov 2025
HC 1028
Addressee Bodies
Department for Transport
Timeline
Recommendation age
0.7 yr
Report published
14 Nov 2025