Energy Bill [HL]

Lord Grantchester Excerpts

Wednesday 26th January 2011 Grand Committee

Moved by

[Lord Grantchester]

21D: Clause 42, page 27, line 24, after “tenant” insert “or third party”

[Lord Grantchester]

In moving the amendment, I shall speak also to Amendment 21E. Amendment 21D is a simple amendment for the Minister to consider. By inserting the words “or third party” we recognise that tenants may act together. The “third party” could include an agent acting for a group of tenants. We wish to clarify that that would be covered in the Bill.

In Amendment 21E, we are similarly considering appeals against sanctions. In an earlier instance relating to tenants, we on this side intimated strongly that the overuse of regulations should preclude regulations regarding appeals against sanctions. Just as we feel strongly that tenants should understand exactly what they may or may not do as a result of the Bill, we would wish landlords to understand exactly what they may or may not do if sanctions were to be levied against them. I beg to move.

[Baroness Northover]

My Lords, I am grateful to noble Lords for the amendments proposed to Clause 42. Amendment 21D is not necessary, because I can clarify that a third party—a local residents’ association or similar body, for example—would be able to support tenants and take actions on their behalf, if the tenant so wished. However, I thank the noble Lord for raising this issue; we will consider it in more detail and, if necessary, return to it in secondary legislation.

Amendment 21E would remove the power which enables any new energy efficiency regulations to set out clearly the judicial procedures to be followed when a tenant applies to a court or tribunal for a ruling against a landlord. We believe that this existing requirement is essential to provide clarity in these circumstances, and we can assure the noble Lord that this is normal practice.

Given those explanations and assurances, I hope the noble Lord will be content to withdraw his amendment.

[Lord Grantchester]

I thank the noble Baroness for her clarification and I beg leave to withdraw the amendment.

Amendment 21D withdrawn.

Tabled by

[Lord Grantchester]

21E: Clause 42, page 27, line 26, leave out subsection (3)

[Lord Grantchester]

In response to the noble Baroness, I will not move the amendment, but I nevertheless tell her that we are greatly concerned that the legislation does not specify whether it is a court or a tribunal. Although I note her words, these are the sort of instances where—

[The Deputy Chairman of Committees]

I am afraid that I must interrupt. If the noble Lord wishes a further response, he must move the amendment. If not, I am afraid that he must be silent.

[Lord Grantchester]

I beg the Committee’s forgiveness in getting the procedure wrong. I think that I have made the case several times and will pick the issue up later.

Amendment 21E not moved.