Lord Grantchester
Main Page: Lord Grantchester (Labour - Excepted Hereditary)Energy Bill [HL]
Lord Grantchester Excerpts(13 years, 10 months ago)
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Lord Whitty
Yes, the role would be somewhat different in different cases, but I think that the new clause would provide for that. On the second new clause in the group, if we are to drop HECA—which many of us would regret; I acknowledge the noble Baroness as a prime mover of it—local authorities need to be aware that they can have a commitment in a broader framework to sustainability and energy efficiency in their area. Again, that is a facilitating provision, but it is broader than the Green Deal, and I would very much welcome some reference to it in the Bill. I hope that the Minister can say that that is also part of the Government’s thinking.
Lord Grantchester
My Lords, we are very encouraged that the noble Lord, Lord Teverson, is looking more widely than the simplistic interpretation of the Green Deal to make the greatest benefits available. We share his reflections on how local authorities can utilise their wide influence in the housing market to achieve added benefits.
As my noble friend Lord Whitty said, we were anxious when we looked at the drafting of the new clause that we should not overcomplicate the situation, because local authorities are involved in so many different facets of the local market, either as landlords, with other landlords or, under the wording of the new clause, acting as an agent for the building improver. We are concerned that that role needs to be clearly thought through: how they are working and interfacing with the different participants in the plan. For example, they may, through a housing association or through their managing agents, take on side or even employ an assessor in their area. That would put them straight in as a participant in the whole complex matrix of these arrangements.
However, we largely go along with the thrust of the noble Lord, Lord Teverson. Yes, we see that an added impact may be needed to bring the greatest benefits. To be fair, local authorities will be thinking how they can help their residents along the Green Deal plan to bring the greatest benefits to their communities. Under subsection (3) of the new clause they may be able themselves as landlord to offer rebates or think about incentives, but we think that if they are achieving added benefits by economies of scale, that may well be sufficient to provide incentives that will encourage a greater take-up of the Green Deal. We support the thrust of the amendment tabled by the noble Lord, Lord Teverson, and we would like the Minister to take it away to think about it, or tell us today what role she envisages in the matrix of the participants in the Green Deal that local authorities could be encouraged to take up.
Baroness Northover
My Lords, this group of amendments addresses the role of local authorities in relation to the Green Deal. We are very grateful to noble Lords for laying the amendments. We want and expect local authorities to exploit the opportunities that the Green Deal presents to them and to their residents. As the noble Lord, Lord Teverson, says, local authorities are indeed natural allies in this—as are housing associations, as the noble Lords, Lord Moynihan, Lord Dixon-Smith and Lord Whitty, observed.
I shall speak to Amendment 12 first. Section 2 of the Local Government Act 2000 already provides local authorities with a power to take any steps which they consider are likely to promote or improve the economic, social or environmental well-being of their local community. Local authorities are empowered to undertake a wide range of activities for the benefit of their local area and to improve the quality of life of local residents, businesses and those who commute to or visit the area. So certainly this could include local energy efficiency initiatives.
Moreover, the Green Deal will provide strong natural incentives and varied opportunities for councils to engage with and deliver it, in particular, the incentive of attracting new and additional sources of finance into their local areas to benefit local residents. Councils may, for example, choose to become Green Deal providers themselves operating on a commercial basis. Others may want to form partnerships with Green Deal providers working with them to ensure the widest possible availability and take-up of offers in their community. As trusted local brokers with knowledge of their housing stock, local authorities will be attractive partners for Green Deal providers. They will therefore be in a good position to negotiate advantageous programmes for their residents—for example, to deliver economies of scale and incentives, as the noble Lords, Lord Teverson and Lord Whitty, noted.
Many local authorities are currently working with the energy companies and others to deliver the community energy saving programme, which specifically targets whole-house, community-wide delivery of energy efficiency measures. We are carrying out a formal evaluation of this programme, which will complete in March of this year. That will therefore feed in. Anecdotal evidence to date suggests that CESP is delivering projects ranging from 100 to 1,200 properties, and because of this is achieving significant economies of scale. This experience is informing and will continue to inform the development of the Green Deal.
As the noble Lord, Lord Teverson, notes, a number of local authorities already use council tax rebates as incentives. British Gas has worked with around 70 councils to offer a rebate on council tax bills for households who take up their CERT cavity wall or loft insulation offers. The rebate is funded by British Gas, although in some instances the council also match-fund. Local authorities will also often contribute resources for marketing, such as council-branded leaflets. Rebates, which are limited to one per household, vary from £50 up to £125 depending on the council involved. However, I note the comments of the noble Lord, Lord Jenkin, on CERT and fuel poverty.
We fully expect local authorities to build on this experience and work with Green Deal providers and others to deliver schemes to whole communities. We are working closely with local authorities to understand and develop the roles that they might play in delivering and promoting the Green Deal and how to disseminate good practice, including thinking about how best to enable and incentivise such methods in delivering the Green Deal
Moving on to Amendment 31, the well-being power in the Local Government Act 2000 could already enable local authorities to propose, plan and deliver energy efficiency measures and programmes for their communities, and we will explore this further with CLG Ministers. Indeed, many councils already have a strong track record in delivering in this area, working in partnership with energy companies and others. As I have noted, the Green Deal will further incentivise this, and we are aware of a number of councils which are already considering how they might deliver the Green Deal. The noble Baroness, Lady Maddock, has a long track record in this area, and I note her concern to ensure that the take-up of this scheme is as wide as possible, building on the work of the Home Energy Conservation Act.
This Government fully support local residents in having a strong influence over their local council. I note that that principle underpins this amendment. My right honourable friend the Secretary of State for Communities and Local Government has brought forward the Localism Bill to provide councils and local residents with a greater ability to deliver local priorities without necessarily having Whitehall direction on what they must do or how they should deliver locally. For example, the general power of competence proposed in the Localism Bill is based on a fundamental assumption that local authorities should be free to act in the interests of their local communities, except where restricted by statutory limitations or restrictions. We believe that freeing local councils to act and working to create the right incentives is the way to ensure that local authorities and local residents take up the opportunities presented by the Green Deal and the future energy company obligation.
While we are sympathetic to these proposals in terms of local government involvement in the Green Deal, incentives to use the Green Deal, and encouraging take-up, all of which are extremely important, we hope that the noble Lord will withdraw his amendment. But I hope that noble Lords will be reassured by our continuing exploration of the role of local authorities in this area and by our recognition of how important they are in this regard, and how best to encourage take-up of this scheme.
Lord Grantchester
My Lords, we are continually told that we are not in normal times at the moment. What confidence does the noble Baroness have that local authorities, under the present budgetary controls, will take up the empowerment clauses about which she has just told us?
Baroness Northover
As the noble Lord will have noted, obviously there are economies of scale when local authorities are dealing with this. Therefore, there is the incentive in that of being able to provide for local residents a better deal if they access these funds and we expect that they would see this as the route to go down. All these areas will, of course, be looked at carefully to try to ensure that the Green Deal is as effective as possible, which is what we all, in any party, even in these tight financial circumstances, wish to see.
Lord Grantchester
I am sorry, but we had a few concerns over some of the clauses. We did not want to draft a specific amendment, but we wanted to raise our concerns under the stand part debates. The first concern indeed relates to Clause 7. On our team’s side, having debated this clause, we are a little concerned whether we have identified an inconsistency. I will explain and the Minister can then perhaps satisfy us that we have not misread the situation. Clause 7(3)(a) requires that,
“the improvements installed meet the standard specified in the code of practice”.
The debate on Monday seemed to us to suggest that there was not a standard specified in the code of practice. Nevertheless, we want consistency and a consistent approach. We understood from the debate on Monday that there was not a standard to be specified in the code of practice, so we were concerned to clarify whether we misunderstood or whether there has been an error in drafting on that principle.
Lord Marland
I am grateful to the noble Lord for raising this matter. Perhaps I may take it away and respond to him later. It is a technical matter and, rather than reading the answer now and taking up the time of other noble Lords, I will commit to doing that. I thank the noble Lord for bringing the matter to our attention.
Lord Grantchester
Perhaps we may be indulgent for a few minutes more. We looked at Clause 9 to see how it fits with Clauses 10 and 11 in referring the confirmation of plan, and how this applies in England, Wales and Scotland and in updating information. I speak only to Clause 9; the point is echoed in Clauses 10 and 11. Together with my noble friend Lord Whitty, our antennae prick up when under Clause 9(3)(c) appears the imposition of a requirement to pay a fee. That is replicated in a similar fashion. Perhaps the Minister could clarify why there is a fee, the level to which he thinks a fee may be appropriate and who will be liable to pay that fee under this clause.
Baroness Northover
I am informed that mention is made of this simply for administrative purposes. Your Lordships will note that Clause 9 provides that framework regulations may allow a fee to be imposed. No doubt that is simply an enabling thing, but if I am wrong about it I shall come back and clarify.
Lord Grantchester
I thank the Minister—that is most helpful. It has opened up the possibility of a dialogue so that we can understand better.
Lord Grantchester
Perhaps I may ask the indulgence of the Committee yet again, rather than introduce a specific amendment. I want to pick up the principle as outlined in Clause 12. It has a crossover into Clause 13. It relates to our discussion of the disclosure of a Green Deal plan in connection with the sale or letting out. I well understand the clause and go along with the thrust of it. Previously in Committee, we identified that there could well be an energy plan put forward on a property in respect of which the Green Deal plan is a subset. We wonder whether it would make sense for the Minister and his team to go away and think about whether, if an energy plan attaches to a property, it may be attached to a Green Deal plan such that there is clarity on the property that passes from one occupant to the next. That seems sensible to us. If under energy conservation a landlord, tenant or bill payer may undertake a wider energy plan of which an element of the Green Deal may not apply, it would make sense if that could attach to the disclosures under Clause 12.
Baroness Northover
I thank the noble Lord for raising that. This relates specifically to a Green Deal plan. I am sure that anyone selling a property in the circumstances that he mentioned may want to emphasise the additional work that has been done. This relates specifically to the Green Deal in trying to ensure that there is transparency and clarity for anyone buying a property or anyone taking up a tenancy on a property. It places an obligation on sellers, landlords and licensors of properties to disclose the existence of a Green Deal plan. It is fairly specific, with the intention that there is the clarity and transparency that the Opposition and the Government are keen to see.
Lord Grantchester
I am grateful to the noble Baroness for clarification. It may be in our dialogue outside when we explore further.
Lord Grantchester
“Additional green deal payments: gas and electricity meters
Bill payers who are asked for their consent for green deal plans under section 6 or who are subject to payments under green deal plans under section 1(6), and have pre-pay meters installed must be provided with details about any extra payments that they incur as a result of—
(a) meters being installed, and(b) intended or existing green deal plans.”
Lord Grantchester
Amendment 16E concerns prepayment meters. We wish to highlight the fact that there should be transparency to to help overcome any disinclination of poor households in fuel poverty to try to improve their heating. As we all know, a prepayment meter requires cash to be paid before energy can be consumed. Some meters take cards or tokens on which cash can be credited.
PPMs are used by energy suppliers as an alternative to disconnection and are routinely fitted to recover outstanding bills. As the financial crisis worsens, we are worried that more and more consumers with PPMs are going without electricity or gas under self-disconnection even in the coldest months of the year. This research sought to understand the extent of self-disconnection among PPM users and the effects that it can have. In research undertaken by Consumer Focus, the majority of households welcomed their prepayment meters for the control that they offer over budgeting and debt. This control comes at the price of inconvenience in managing and topping-up meters. Some consumers resort to going without heating, or without even the most basic of everyday essentials to ensure that they have enough money to keep their meters topped up. For some households this is an ongoing struggle. Around 16 per cent of PPM users self-disconnect at least once a year. That could affect as many as 1.4 million people, some of whom are highly vulnerable.
The tariffs charged for prepayment meters are more expensive than direct debits or online tariffs. Yet, despite the relative high costs, the majority of families on PPMs have an annual income of less than £17,500. Thirteen per cent of households pay for their gas and electricity using prepayment meters, with almost two-thirds of these households using them to pay for both gas and electricity. More than half of households on such meters receive a means-tested benefit or benefits for disability.
Ofgem’s own investigation found that prepayment meter customers were paying more for their energy than it costs energy companies to supply. To ensure that the tariff was cost-reflective, Ofgem introduced new licensing conditions for energy suppliers. Since September 2009, the new conditions have required energy suppliers to ensure that the price paid by prepayment meter customers reflects the cost of this form of supply when compared with direct debit or standard credit tariffs. Ofgem has concluded that the new conditions have led to the average premium for prepayment meters compared with direct debit falling to £69 from £111 since October 2007.
Nevertheless, an investigation by Consumer Focus has shown that the cost of poverty premium, based on a real-life example, reveals a differential of £250, which has caused us to raise the problem with the Minister in Amendment 16E. We are seeking clarity for people who wish to use prepayment meters and may wish to disconnect. There should be clarity that the extra charges which could be levied under this are separate from the extra charges that they could pay for Green Deal, such that the benefits that we would wish them to seek under a Green Deal application are not undermined. I beg to move.
Lord Jenkin of Roding
I discussed the whole question of consumers with prepayment meters at some length with the body representing electricity producers. It was in the context of the CERT scheme, which we debated several times over the past two or three years. The point that they made very firmly was yes, of course, there are a number of consumers with prepayment meters who are fuel-poor. As the noble Lord properly said, it is one way in which the companies can make more certain of securing the cost of the energy they supply. But the companies also made clear to me that it is a very poor surrogate as a test for who are the fuel-poor. I found this surprising, but they were quite clear: a surprising number of consumers actually prefer to pay by prepayment meter so as not to be faced with bills at the end of a month or three months. One needs to bear that in mind: it is not an accurate indicator of who is likely to be fuel-poor.
Lord Marland
There are two extremely valuable points here. If I may, I should like to defer the discussion on smart meters because there are a number of later amendments about them. As the noble Lord, Lord Whitty, said, it is important that we focus on this part of the Bill, Which is about the prepayment meter. It is fundamental that we get this bit right, and get smart meters right later. Of course, we need to have in our mind on joined-up thinking, and the two interrelate.
Through the Green Deal, people who pay bills through smart meters first receive information about extra payments that they incur as a result of meters being installed or existing Green Deal plans. We intend that the Green Deal charge can be collected by energy suppliers through all existing payment routes, which include prepayment meters as well as quarterly credit cards, which were mentioned earlier.
A number of licensing conditions are in place to protect customers who receive their energy supply through prepayment meters, including changes to prevent unfair price differentials between payment methods. We will ensure that all relevant protections extend to the Green Deal charge and we are working with Ofgem to make sure that that happens. I hope that that gives enough information for the noble Lord to withdraw the amendment.
Lord Grantchester
I thank the Minister for his reply. I also thank all noble Lords who have spoken for their contributions. They realise the vulnerability of many of our citizens to energy companies using meters. I thank my noble friend Lord Whitty for further clarifying the purpose of the amendment to the Committee on my behalf. His interpretation is entirely correct and I am disappointed if I did not make it clear. We are greatly concerned that the Green Deal should work for the fuel-poor in all households, because they see that not only will they save money but that they will heat and warm themselves far better if they undertake the Green Deal. With that in mind, I would like to think clearly and look at the matter again, especially in relation to amendments that may be tabled and our discussions about smart meters. I beg leave to withdraw the amendment.
Lord Grantchester
My Lords, now we are in stand part discussions again, I draw to noble Lords’ attention some thoughts regarding Clause 28. When we look at the Green Deal and everything that is happening in it, the Minister has said many times that the market will provide. We are most anxious that the Green Deal is taken up and proves to be a great success, and are under debate on Clause 28 pressing the Minister to understand how the Green Deal will work and what he has in mind under delegation and conferring of functions. We are beginning to wonder whether the Green Deal needs a promoter. Lots of people are involved in the Green Deal. We have mentioned the participants, the assessors, the providers, the bill payers and the landlords, as well as situations that occur as properties change hands and the circumstances of bill payers. There does not appear to be a one-stop shop—if I may call it that—unless the Government are going to provide it. Under Clause 28 we may consider whether we need a one-stop shop and who can put out overarching material and promotion to explain and promote the Green Deal. The Minister may be thinking that his department may be that promoter. We have been thinking whether the Energy Savings Trust could be such a valid promoter.
What are the Minister’s thoughts on the need for Clause 28 and what it might pertain to? If it was thought that our financial constraints—which we are forever told about—make it inappropriate, we have in Clause 32 funding for energy efficiency advice. The Minister gives himself powers to spend money; would that allow a promoter to take up this opportunity? What would that delegation be? Does he agree with me that a promoter could help the uptake of the Green Deal? I beg to move.
Lord Marland
The noble Lord asks a very good question, which I will seek to clarify. This clause gives the Secretary of State power to delegate Green Deal functions to one or more public bodies, and to fund the work they do. It is a key clause allowing us to create the most effective oversight framework for the Green Deal.
Where public bodies are tasked with creating codes of practice required to support the Green Deal, the codes must be approved by the Secretary of State before they are issued. Codes of practice will be one of the key mechanisms by which we govern the Green Deal and create consumer confidence in it.
The clause also allows the Secretary of State to delegate administrative functions connected with the licence modification powers contained in Clause 15(3). An example would be where a public body was appointed to administer an administration fee payable to energy suppliers, as in Clause 15(3)(f). This is a key clause in the Bill, allowing us to create the most effective delivery and oversight framework for the Green Deal, and to give Green Deal participants and customers confidence in the deal as a whole. I hope that that answers the excellent question asked by the noble Lord.
Lord Grantchester
I thank the Minister for his reply, and it could well be that I am wide of the mark. He has explained the key purpose of the clause. We will reflect further on the idea that I proposed.
Lord Whitty
I return now to the issue of fees and how they are referred to in a rather different context. Both this amendment and my next group of amendments relate to references to fees. Clause 30 covers powers to deal with special circumstances. The first of the special circumstances is the suspension or cancellation of the Green Deal. Subsection (2) refers to the provision setting out the procedure,
“for securing a suspension or cancellation (including the payment of an administration fee calculated in accordance with the regulations)”.
It is the bit in brackets that I am seeking to change. If a Green Deal arrangement is to be cancelled, it is presumably for one of two reasons: either because the provision under the Green Deal has not met the specifications—in other words, the provider has defaulted—or because the repayer, whether or not they were the original repayer, is now in circumstances where they cannot repay. In either of those circumstances, it seems inappropriate, in addition to cancelling the deal, to charge a payment. It is therefore odd that there is reference at that point to the payment of an additional fee. Even though it is referred to as an administration fee, in the circumstances it is an additional payment. It is conceivable that there are other circumstances than the two that I have suggested, but I cannot think of them. If the Minister’s imagination is better than mine, no doubt she will tell us.
The second such provision relates to subsection (2)(d), which goes back to the argument about early repayment. If the original agreement was clear, the terms of early repayment would be clear. As it stands, this runs into the same difficulty that I referred to an hour or so ago, which is that a new occupier or a new landlord might have to meet a repayment fee—to which they had not previously been committed, as they were not the original signer of the agreement—for deciding that on all other grounds they wished to repay early. It is not clear, as it is not clear in many other respects, why a fee should be paid for early repayment or exit. Because we have seen exit fees abused in other areas of energy provision, I would be deeply suspicious of the primary legislation referring to an exit fee in this form. No doubt we will return to this issue when we come to the details of defining the situations to which this applies, but in the primary legislation the apparent presumption that a fee is involved should be deleted. I beg to move.
Lord Grantchester
I support my noble friend in his Amendment 18 and his proposal regarding early repayment penalties under Amendment 19. My noble friend and other noble Lords spoke strongly about this issue when it was discussed earlier. The Minister replied that, if this provision was taken out, it could lead to an awkward situation in which it would be open for different people to charge different levels of fees. Perhaps the Minister could take this away. If she could propose that no penalty fees would be levied in this situation under the Bill, that would sort the problem out and not leave it to the providers to decide. If it is not covered, there would be a disparity in the fees and penalties that could be levied.
Baroness Northover
My Lords, Clause 30 allows regulations to be made that set out when and how a bill payer’s liability to make Green Deal repayments can be cancelled or suspended. Amendment 18 would prevent the regulations from making provision for a procedure to be followed for securing such suspension or cancellation of the repayments. Noble Lords have made the point about this being proportionate and not abused.
An example of when the bill payer’s liability might be cancelled is where the bill payer had chosen to make full early repayment of the Green Deal finance arrangement. In such an eventuality, there may be a need to include an administration fee. I will turn to why that might be in a minute. As discussed earlier, such a fee would be calculated in line with the rules of the Consumer Credit Act for the domestic Green Deal and in line with the regulations that we propose to set out in secondary legislation for the business Green Deal. This clause also gives us the flexibility to introduce a payment suspension mechanism for the bill payer in appropriate circumstances.
The legislation permits an administration fee to be requested for the arrangement of payment suspension. This is essential to balance the needs of the property owner to have flexibility while minimising the loss that the provider of finance might incur. The details of this—for example, when such a fee might be requested and the level of such a fee—will be subject to consultation later this year.
Amendment 19 would remove the ability to set out in regulations what should be payable in the event of early repayment of the Green Deal being required, including how any fee should be calculated. The effect of this amendment would be to prevent the regulations setting out the rules on early repayment from being set out in Green Deal plans.
The domestic Green Deal is subject to the early repayment rules set out in the Consumer Credit Act, which prevents consumers from being charged unreasonable fees when they repay early. However, business Green Deal providers are not subject to any existing regulations on early repayment fees. This amendment would remove the ability for the Government to set out regulations limiting the fees that can be charged when a business is required to repay the Green Deal early.
Early repayment fees are an important protection for the investor providing the finance. They have invested their money expecting a particular rate of return over a particular period. Being able to claim some compensation when an early repayment is made is an important element to keep the cost of finance low. This practice is not uncommon in the mortgage market.
However, we do not want Green Deal providers to charge disproportionate fees when early repayment is required, so the ability to set out some rules around this in secondary legislation is important. There is a danger that these amendments could remove that protection, which I think is far from the intention of the mover of the amendment. I hope that noble Lords will be reassured by my explanation and, on that basis, that the noble Lord will withdraw his amendment.
Lord Grantchester
Lord Grantchester
Amendment 19A draws attention to the lack of detail in this clause in respect of appeals. While we acknowledge that it may be appropriate to include some issues in regulations, such as the fee payable, we do not consider that other issues—specifically who has the right to appeal, where they can appeal, the grounds for appeal and the powers of the court or tribunal in making a determination—are suitable matters to be left to further regulations that the Minister may draft. Surely, the class of person who is eligible to appeal under the clause is not likely to change during the course of time and there is no obvious reason why this should be flexible. We are interested to hear what the Minister of Justice and his officials might have advised in this area as it appears to breach fundamental issues of access to justice. It is an equally important point of principle that people should have the protection of primary legislation. We ask the Minister to put down amendments to take these comments on board and to seriously consider amending the Bill in this area on Report. It is an issue that we will be turning our minds to in the next couple of months. I beg to move.
Lord Marland
I thank the noble Lord for his suggested amendment to Clause 31. This clause requires the Government to provide the right of appeal when a sanction has been imposed by the Secretary of State or their delegate. This clause provides a right of appeal against sanctions imposed for any breaches relating to consent, disclosure and acknowledgement, or requirements set by a scheme regulating and authorising Green Deal participants, such as any future schemes for registration and accreditation and their codes of practice. This clause enables an appeal to a court or tribunal. Subsection (3), which noble Lords would omit through their proposed amendment, clarifies that we can address issues such as who can appeal, under what circumstances and to what body, and the powers to suspend the sanctions originally imposed. These are all matters that would need to be dealt with in establishing a fair and workable right of appeal against any sanctions imposed and it is important that the Bill clarifies that these can be included in regulations.
Clause 31(5) enables the Secretary of State to revoke or amend any subordinate legislation governing the jurisdiction, process and powers of any existing tribunal system that may be used to enable this right of appeal. The Government will consult fully and set out details in regulations about who may appeal and under what circumstances. These regulations will be subject to the affirmative procedure.
In conclusion, I assure noble Lords that we will seek to develop a transparent and workable appeals mechanism and I hope that with this assurance the noble Lord will feel able to withdraw his amendment.
Lord Grantchester
I thank the Minister for his reply but, with respect, he has not addressed my point. We do not feel that regulations sufficiently take account of these concerns which should be under primary legislation. We are mindful that consumers must have confidence in the situation facing them and that this is something that should be upfront in the Bill. That is the most appropriate place and it is where these aspects should be dealt with, rather than in regulations. Nor did he take up my point about whether he had consulted the Ministry of Justice over any of these aspects.
Lord Marland
We have consulted the Ministry of Justice. We would not get to this point without having done so.
Lord Grantchester
I thank the Minister for clarifying that. In his answer he referred to subsection (5), which is that regulation may be introduced that,
“may revoke or amend any subordinate legislation”.
Under subsection (6),
“‘subordinate legislation’ has the meaning given in … the Interpretation Act 1978”.
We are concerned about the overuse of regulation in this Bill and ask how far, under subsection (5), it is justified or appropriate that there should be powers to revoke or amend any subordinate legislation. We ask for clarification of the extent of those powers. I understand the Interpretation Act to merely interpret terms and not cover any policy issues. Finally, I should like to ask whether this part of the Bill been commentated on by the Merits Committee.
Lord Marland
There is no greater authority on these things than the Secretary of State. He is responsible for delegating powers. Every intention behind the Green Deal is that we get it right, which is why in matters involving disclosure, breaches relating to consent or any sanctions, the top-down authority will come from the Secretary of State. I hope that that clarifies that point.
As to whether this has been through the correct procedural process, I am not at liberty to answer that question now, but I will respond later rather than put officials through the mill now.
Lord Grantchester
I thank the Minister for his consideration. He no doubt understands that we take this matter extremely seriously and will consider further. In the mean time, I beg leave to withdraw.