Energy Bill

Lord Grantchester Excerpts

Wednesday 6th November 2013 Lords Chamber

[Lord Roper]

My Lords, I welcome the response that the Government have made to the report of the Delegated Powers and Regulatory Reform Committee. This and other recommendations were raised in Grand Committee. In virtually every case the Government have been able to come back and accept those recommendations.

[Lord Grantchester (Lab)]

My Lords, the House is rightly wary of allowing wide discretionary powers without being able to suitably assess their application later. Your Lordships’ Delegated Powers and Regulatory Reform Committee expressed concern about the powers in the Bill. In Committee, on 9 July, along with the noble Lord, Lord Roper, we highlighted these concerns. At the time the Government agreed to bring forward amendments to ensure that the Bill and the secondary legislation would be complicit. While it has taken several iterations between the Minister’s department and the Select Committee to get it right, I am pleased to see that the Government finally listened to the recommendations that were made and tabled these amendments. Parliament must be able to scrutinise the Secretary of State’s complicated power to make orders about domestic supply contracts. After all, the power under Clause 130 would in effect enable the Secretary of State to categorise the terms of domestic supply contracts as “discretionary terms” or “principal terms”, which is a significant power. We welcome the government amendments because they will ensure that any such order is given appropriate parliamentary scrutiny under the negative resolution procedure. There will be a 40-day window during which Parliament can review the draft of the proposed modifications.

Amendment 101 agreed.