Energy Bill [HL]

Debate between Baroness Noakes and Baroness Harris of Richmond

Monday 24th January 2011 Grand Committee

[Baroness Noakes]

My Lords, briefly, Amendments 20A and 20C, which stand in my name in this group, come directly from the Delegated Powers and Regulatory Reform Committee’s eighth report of Session 2010-11. The amendments concern the level of parliamentary approval that should be given to orders and regulations made under Clauses 1 and 2. The eighth report makes it clear that the powers in Clauses 1 and 2 are significant. For example, the Government have powers to specify in detail what a Green Deal plan is, what improvements fall to be dealt with and what descriptions of property are covered or not covered. Clause 2 confers powers to extend by order the meaning of energy efficiency measures, and therefore the scope of the Green Deal scheme, as well as other matters.

The key point for the Delegated Powers and Regulatory Reform Committee is that the affirmative procedure is, in its view, the appropriate level of scrutiny, given the ability to extend key terms by subordinate legislation. In paragraph 5 of its report, that Committee recommends,

“that orders and regulations under clauses 1 and 2 should be subject to the affirmative procedures”.

That is what my two amendments provide. I beg leave to move.

[The Deputy Chairman of Committees]

If Amendment 20A is agreed to, I cannot call Amendment 20B by reason of pre-emption.