Electricity Transmission (Compensation) Bill

Debate between Baroness Bloomfield of Hinton Waldrist and Lord McLoughlin

3rd reading
Friday 19th May 2023 Lords Chamber

[Baroness Bloomfield of Hinton Waldrist (Con)]

My Lords, I thank my noble friend Lord McLoughlin for taking the Electricity Transmission (Compensation) Bill through this House. I also thank noble Lords from across the House, including the noble Baronesses, Lady Blake and Lady Walmsley, for their valuable contributions on this Bill through its passage.

The Government are pleased to support this important Bill. The measures in it will help ensure that landowners have access to alternative dispute resolution in cases where their land, or rights to access their land, have been acquired for the build of network infrastructure. This will help landowners avoid having to take a case to the Upper Tribunal, which can be an expensive and lengthy process. While I acknowledge the concerns that the noble Baroness, Lady Blake, just raised in terms of unintended consequences, the intention of the Bill is to help speed up resolution where there is dispute. It will help to ensure that we strike the right balance between protecting the rights of landowners and the urgent need for network infrastructure build in this country.

To implement the measures in this Bill, the Government have committed to establishing an alternative dispute resolution task force in 2023. The task force will be responsible for developing proposals and making recommendations to government. The Government will continue to engage with a broad set of stakeholders, including network operators, representatives of landowners and experts in acquisition of land and alternative dispute resolution to ensure that the task force has the appropriate membership.

To conclude, bringing forward this new Bill will ensure that landowners have access to a clear, fair, affordable and enforceable system for dispute resolution. The Government are pleased to support these new measures and we have been glad to see the level of support for them across both Houses through the passage of this Bill. I again thank my noble friend Lord McLoughlin for his sponsorship of the Bill as it has moved through this House. I also thank my right honourable friend Dr Liam Fox for his sponsorship of the Bill in the other place and his hard work on the matter.

[Lord McLoughlin (Con)]

My Lords, I thank my noble friend for her remarks and for a better and more forceful summary of the Bill than mine. I completely understand the point that was made by the noble Baroness, Lady Blake. I am one of the last people in the House who would ever want to see major infrastructure projects held up, but I do think it is essential and right that people have a fair opportunity to make their case and have a simpler way of seeing a resolution to a dispute, which I believe this could lead to.

I end by thanking my noble friend the Minister for all her help and support and the tremendous work that she has done on the Front Bench for us.

Energy Bill [HL]

Debate between Baroness Bloomfield of Hinton Waldrist and Lord McLoughlin

Report stage
Tuesday 28th March 2023 Lords Chamber

[Baroness Bloomfield of Hinton Waldrist (Con)]

My Lords, I rise to speak to the amendments standing in the name of my noble friend, which address recommendations made by the Delegated Powers and Regulatory Reform Committee on the Energy Bill. We are grateful to the committee for its detailed scrutiny of the provisions in the Bill. The committee provided a range of comments and recommendations which the Government have carefully considered. The Minister was pleased to confirm in his response to the committee that the Government have accepted nine recommendations. He also provided further clarification, as requested, in response to the majority of the committee’s other comments. These amendments address the recommendations the Government have accepted, and I hope they will be welcomed by noble Lords.

Turning first to Amendments 22, 34, 48, 49, 50, 51, 52, 55, 64, 76, 77, 92, 93, 99 to 103, 105 and 106, the committee highlighted that certain clauses of the Bill confer powers to make provision for the imposition of civil penalties without mandating a requirement for the regulations to provide for a right of appeal. While it was absolutely the Government’s intention that regulations under such clauses would provide for a right to appeal, we have taken on board the committee’s comments.

These amendments clarify this point and ensure that regulations made under these clauses, which make provision for a civil or financial penalty, must also include provision for a right of appeal to a court or tribunal against the imposition of such a penalty. The committee’s recommendations referred to three specific instances in the Bill. To ensure consistency across the Bill, we have tabled similar amendments to a number of other clauses which make provision for a civil or financial penalty.

Amendments 73, 80 to 90, 96, 107 to 123 and 139 to 142 address the committee’s recommendations relating to changing the procedure to which regulations made under powers in the Bill are subject. The Government agree with the committee on the importance of parliamentary scrutiny. As such, we have tabled amendments to address the committee’s recommendations relating to changing the parliamentary procedure. These amendments will facilitate detailed scrutiny of the powers, when used.

Amendment 91 responds to the committee’s recommendation regarding subsections (3) and (4) of Clause 180, on heat network zoning. The committee had concerns that these provisions would confer powers allowing non-statutory documents to make requirements in relation to the methodology for identifying areas as potential heat network zones. We welcome the committee’s comments, and this amendment will ensure that any non-statutory documents do not have legislative effect. The amendment omits from Clause 180 subsection (3), which provides for the heat network zones authority to publish documents elaborating on one or more aspects of the zoning methodology. It also omits from the same clause subsection (4), which provides that regulations may require the authority and zone co-ordinators to comply with any requirements set out in these documents.

I reiterate my thanks to the Delegated Powers and Regulatory Reform Committee for its engagement and reports on the Bill, and I hope its members will be pleased with the amendments discussed today. I beg to move Amendment 22.

[Lord McLoughlin (Con)]

My Lords, on behalf of the committee, I thank the Government for responding favourably to the report. I hope this is something that other departments will follow through in their subsequent considerations.