Lord Whitty
Main Page: Lord Whitty (Labour - Life peer)
Baroness Smith of Basildon
My Lords, I apologise for the slight delay in getting to my feet. I need some assistance from my colleagues, as the noble Lord will know.
These amendments are very similar to those that we brought forward in Committee, but we have taken into account the comments and concerns that the Minister expressed on that occasion. The amendments before us today seek two things. The first is the provision of an annual report to Parliament by the Secretary of State on how the ECO and the Green Deal are fairing. Secondly, they establish the purpose of both these new clauses in the Bill in terms of the Government’s objectives as stated in previous legislation.
In Committee, the Minister was understandably concerned about not imposing a new duty on installers or providers to take account of the recommendations of the Committee on Climate Change. That is not unreasonable, and we took it into account before putting the amendments before your Lordships today. Therefore, these amendments have been slimmed down. They would impose no new duties on the Government other than to provide an annual report—something to which I know the Minister is sympathetic—on the goals and aims, as stated in the impact assessment on the Bill, for carbon reduction and fairness. It is a way of putting the Bill into the context of government policy.
A report by the Secretary of State to Parliament on the operation of the Green Deal would be extremely helpful. Indeed, when dealing with a point raised by noble Lords in Committee, the Minister said:
“The scheme needs to be road-tested to ensure that it works and we must keep a watchful eye on it. Getting these things precisely ordered is a very good thing for the Bill”.—[Official Report, 17/1/11; col. GC 17.]
He will know of the criticisms that were made just yesterday of the Minister in the other place, Greg Barker, when he spoke at the Ecobuild conference in London. Concerns were raised by the UK Green Building Council, and the president of the Royal Institution of Chartered Surveyors said that there was not enough certainty or incentives for the industry, and that, although they supported the Government’s package of measures as being incredibly ambitious, they were concerned that it would not achieve the objectives. Like the Government, we want this Bill to achieve the objectives that have been set. They are ambitious, and some amendments have been tabled to help the Minister to achieve those objectives, to which we know he is committed.
Probably the most helpful parts of the amendments before us today relate to the annual report. The Secretary of State will have the opportunity to come back to Parliament, having looked at how the Green Deal is fairing. In the light of the commitments that the Minister made in Committee, there will be an opportunity for the Green Deal to be tweaked or changed and to see whether more can be done to create incentives. I beg to move.
Lord Whitty
My Lords, I support the amendment. The Minister will undoubtedly have been advised by officials and the Cabinet Office that it is not normal to put purpose clauses into Bills. However, that has always been nonsense. It is particularly important that we set out clearly in Parliament the purpose of these measures.
I commend the Government on developing the plans for the Green Deal, but undoubtedly not all the details have yet been thought through. Some will be thought through before the scheme is launched, some will appear in codes, some will appear in regulations and some will have to be dealt with in subsequent practice once we see whether the market is mobilised as effectively as the Government wish. However, the purpose will not change. With any changes down the line that the Government find it necessary to make, it is particularly important that we go back to the purpose of the Bill. That purpose is, in effect, twofold: to save energy and therefore carbon dioxide and greenhouse gases, and to reduce the incidence of fuel poverty. Both those need to be addressed and set out in something like a purpose clause with a requirement to report back.
As for fuel poverty, I speak as one of the two Ministers who drew up the original guidelines. My noble friend Lady Liddell was the other Minister who signed the original Act to set up targets for fuel poverty, and it is not an easy subject, but it is important that the Government and Parliament set out the objectives. The contribution towards the elimination of fuel poverty is clearly one such objective. That will not solve the problem, as other measures also need to be taken, but it is a contribution and any subsequent change down the line needs to be seen against it, particularly in relation to the Green Deal.
On the face of it, it is not clear how the basic principles of the Green Deal apply to the fuel poor, particularly those who are in tenanted accommodation, whether with social landlords or private landlords, because the best way of delivering that dimension of the Green Deal may be in a deal with the landlord, albeit that the tenant normally pays the bill. Some complicated arrangements will have to be made. That is not yet in the Bill and I do not expect it to be, but reference back to the objectives and obligations to report annually would help us to keep the objectives of this provision clear. I hope that the Government will adopt something like these clauses in the final version of the Bill, either today or in subsequent proceedings in another place.
Lord Dixon-Smith
My Lords, I hesitate to intervene, and if the Minister had risen quickly enough to keep the noble Lord, Lord Whitty, in his seat, I probably would not have intervened at all.
Although repetition is a good thing, we must bear in mind that the stated purposes have already been written into legislation and are already so ingrained in all our thinking habits that, frankly, to put them at the beginning of this Bill adds nothing. One problem with the amendment is that it requires “commensurate contributions” from two very diverse and very different things that will depend on a great deal of voluntary action by large numbers of people or groups, societies, local authorities, housing associations and so on. To me, the word “commensurate” makes this, worthy though it is, in effect meaningless because there are too many outside factors that mean that commensurate action will probably be only accidental because it depends on so many people, either tenants, landlords or the other categories of people whom I have already mentioned, volunteering to take part. It also depends on a lot of other factors, the primary one being the absolute certainty that the energy savings they will achieve, and the value of them, will be greater than the costs that they have to bear. Such arguments were expressed in Committee because of the uncertainty about what might happen with interest rates in the future.
The second point is that, even if we put this into place, the far more potent effect in reducing emissions from domestic households will be the work that will have to be done on the supply side of the energy industry to decarbonise the electricity supply. It is far more important to pay attention to that sort of aspect, where the effect can be far greater on a residential level, than this aspect, which will have a beneficial effect—there is no denying that—but not a huge effect because the amount of energy and the cost saved will be nowhere near the cost of making the domestic sector CO2-emissions free. In my view, the effect of the 2050 target implies that by 2050 the whole domestic sector has to be carbon-emission free. We need to focus much more on that effect and take this as it is now. It will be a benefit, of course, but it will be only a small benefit. I do not think that we should complicate the matter, and still less should we try to take actions that depend on the actions of others—that are commensurate—because we simply cannot control the situation with that degree of accuracy.
Lord Davies of Oldham
My Lords, I shall speak also to the other amendments in this group in my name and those of my noble friends on the Front Bench. I also look forward to the contribution that my noble friend Lord Whitty will make to the debate on his amendment in this group.
As the Minister is all too well aware, we raised these issues in Committee. In particular, we raised them against a background of concern that we should be clear about what is in legislation and what will be enforceable in circumstances where such an important concept as the Green Deal is to be communicated to the nation. The expectation is to make as rapid progress as we can for all the objectives, which noble Lords share, in terms of achieving carbon emission targets and improvements in the fuel efficiency of households. That will be a massive exercise. Therefore, what is being constructed in the scheme needs to be absolutely clear in legislation. That is why we have tabled amendments seeking to make an obligation on the Government under this clause and subsequent clauses relating to this area. The concern is obvious.
However, I should first put on record my gratitude to the noble Baroness, Lady Noakes, who in Committee assisted us by indicating that we had used somewhat archaic phraseology when we introduced the concept of “shall” and that if we want to hit this objective we should insist on “must”. The House will be pleased to note that our amendments are perfectly constructed to be entirely acceptable to parliamentary draftsmen and the language that they are wont to use in legislation.
We are concerned to ensure that the legislation lays clear obligations and not elements of discretion on the Minister—not that we have anything but total trust in this Minister and the person, who I imagine is from the Commons, to whom he referred as his boss. I understand that relationships in the coalition may be defined in all sorts of interesting ways, which is a dimension I suppose I am obliged to accept. I take it that the Minister recognises that, whatever assurances he gives, we are discussing here not the intent or good will of Ministers, which we take for granted and of which we had great evidence from this Minister and his colleague in the conduct of the debate in Committee. However, the intention and good will of Ministers is as nothing to the import of statute and the law of the land. That is why, despite the fact that we received from the Minister a constructive response in Committee, following which we of course withdrew our amendments for further reflection, we are still of the view that this clause will be improved if we substitute “must” for “may” on the part of the Government in order that the country can be entirely secure about what the legislation constructs and so that it is not open to determination or discretion at subsequent dates.
This is an issue on which the country has to be involved. This is so much a question of participants among so many people with regard to the delivery of the Green Deal that it behoves Parliament to be absolutely clear in the Bill, which will eventually, with the good will of us all, become an Act. The Act must be absolutely clear about the way in which the legislation intends to work. Accordingly, I beg to move.
Lord Whitty
My Lords, my Amendment 6 in this group provides the Minister with an option. I agree with my noble friend that in many respects what goes in the Act, and therefore in the regulations, would benefit from the Bill stating “must” rather than “may”, but my proposal would leave discretion to Ministers because of what I spoke about in the first group of amendments today. We are in a situation where the Green Deal is being developed fast and furiously but without total clarity as to how it is to be structured and how different groups or different types of building can benefit from the terms of the Green Deal.
My amendment therefore gives the Secretary of State the option to put into those regulations, or codes, provisions that address the particular circumstances of particular groups. If, as I suspect, the fuel poor, in particular the tenanted fuel poor, will be difficult to deal with on the same basis as the bulk of the Green Deal arrangements, the Government will need some special regulations to address the problem, and to deal in particular with the relationships of the landlord and the tenant, who actually pays the energy bill.
For example, as we have just debated in considering my noble friend Lady Gibson’s amendment, in rural areas there will be a lot of houses off the gas network that rely on either Calor gas or heating oil. For those people, there will be no attraction in the central mechanism of the Green Deal, as was rightly spelt out by the noble Lord, Lord Deben, and others who reflected on that. In some areas, such as the south-west of England, over 50 per cent of people are off the gas network. A larger number of people have houses which are difficult to heat because of structural reasons and which, again, will require a larger investment than is easily repayable through the normal level of energy bills.
Therefore, I suggest that the Government recognise that they may need to make some special provision for chronic fuel poverty, chronic hard-to-heat or locational difficulties, which make the normal run of Green Deal structures and Green Deal arrangements, and the financial arrangements that lie behind it, not applicable. There is no reason why the householders in that situation should not benefit from something akin to the Green Deal. The power would, as I say, be discretionary, so I hope that the Government will recognise the necessity of having such a power, which would give them a little bit of elbow room down the line. They could either adopt my amendment today or promise to come up with something similar in subsequent parliamentary proceedings on the Bill. I think that they will find they will need it.
Lord Deben
My Lords, I hope the Minister will notice that the noble Lord, Lord Whitty, in that very interesting speech, gives the key to why “may” is better than “must”. It is simply that this is supposed to be a Bill that Ministers can apply most effectively to the particular circumstances. In many ways one of the reasons the Bill has had common support is that it is a brave Bill; it is an attempt to make a big change and to make a big change in partnership. It seems to me that to have “must” without any prioritisation or the like is a very difficult thing to have. You have to decide at any given time which provisions you are going to go for. Somebody could come back to you and say, “Well, you may have provided the first, second, fourth and seventh sets of regulations, but you have not provided the third”. You have not done so because until those regulations go into operation you cannot do the other things. There is a question of practicality that makes “may” much more sensible, which is why the noble Lord, Lord Whitty, has raised his particular proposal in the form that he has.
However, it appears to me that the noble Lord’s proposal may well be covered in other parts of the Bill. If he is right and it is not, it would seem sensible to make sure that it is possible for Ministers to make specific arrangements, which will reach out to people in peculiar circumstances.
One of the things that has happened in the course of discussion of the Bill is to recognise how many people are in peculiar circumstances. This is not an area where you have simple programmes, where you can say that everybody is like this. I listened to my noble friend talk about Calor gas. We have a totally different view of what Calor gas is. For me, it is a very large tank with a delivery, not these little pot things, which relate to a different circumstance. It is perfectly possible to deal with the very large pots where perhaps it is not so easy to deal with the small pots. I merely make the point because there is a fundamental difference in the ways these things happen.
I hope the Opposition will accept that, on this occasion, I am afraid that we will have to depend on the good will of Ministers, because otherwise they will be unreasonably constrained in how they implement these matters. I hope, therefore, that my noble friend will resist the amendments, not in a curmudgeonly way, but simply because it is better to do it this way. However, perhaps he could explain to the House whether the concern of the noble Lord, Lord Whitty, to make sure that this reaches into all the tiny corners is addressed. Many of us who have dealt with particular areas of the country will know how easy it is for decisions made in metropolitan London not to work in the back kitchen of a cottage in a small village near Saxmundham. That is a different world and we must be absolutely sure that we cover it. In my former constituency, the poorest people living in the most acute fuel poverty were to be found in what looked like idyllic cottages at the end of lanes. It is very important not to forget them.
Lord Oxburgh
My Lords, I wish to pursue the point made by the two previous speakers. This is an extremely important area in which the fine detail will determine whether the scheme works. I draw attention to the implicit assumption in the Bill that there is such a thing as a unique assessment. Regardless of who makes the assessment—whether it is done by the person who ultimately provides or an independent assessor—these are matters on which there can be different views and with which a householder may be dissatisfied and may legitimately and reasonably want a second assessment.
Lord Whitty
My Lords, I support all the amendments in this group and wish to speak specifically to Amendments 14 and 15. These are the remnants of a pretty broad discussion that we had in Committee about the need to ensure consumer confidence in this scheme. Indeed, the noble Lord, Lord Oxburgh, has just referred to that matter. The noble Lords, Lord Teverson and Lord Jenkin, have indicated in relatively few sentences what a complicated arrangement this might appear to consumers. One of the reasons they need assurance is because this is more than a trilateral arrangement. In most cases there will be an assessor, who should be independent, and a provider, who will be the main provider and deal with the scheme, but the actual installer might be someone entirely different and under a certified, authorised subcontract to B&Q, the bank, Marks and Spencer or whoever might be the main provider. Then behind all that, financial arrangements that are closer to the householder may or may not come further downstream. It will be confusing. For that reason, the consumer—the householder or the landlord—needs serious confidence-building measures.
We were assured in Committee that some of those measures, apart from a bit of tweaking in the Bill, are already on the statute book in the provisions of the Consumer Credit Act and that they apply in this case. Most of those measures are, in fact; I am greatly reassured by that and I am grateful to the Minister for spelling that out. However, some areas are not so clearly covered by the consumer credit arrangements, and there are other markets where the consumer credit arrangements have not proved to be sufficient.
My two amendments address cross-selling and mis-selling. Amendment 14 talks about the assessments being dealt with by assessors who are independent of the providers. That does not mean that they will be totally independent, but that their assessment should be made on an unbiased basis and that they do not make recommendations that are geared to the specific offers of particular providers. Were that not to be the case, not only would the consumer interest be damaged but the Government’s desire—rightly so—to make this a competitive market would be seriously undermined.
The noble Lord, Lord Oxburgh, is right to say that there is ultimately no such thing as a completely objective assessment. However, it has to be an honest and clear assessment that is clear of bias towards any potential provider or installer. Amendment 14 deals with that, because there are no measures in the Bill to prevent Green Deal assessors being incentivised by providers to make assessments in their interests. It is important that the consumer is reassured on that. Similar provisions in other areas of financial credit have not proved to be sufficient to avoid biased financial advice appearing in some markets. Indeed, the FSA is still struggling with some of those issues.
My second amendment deals with transparency. Again, I am not sure that the Consumer Credit Act is sufficient. There are references to fees at various points in the Bill. The noble Earl, Lord Cathcart, referred to the fee for assessment, and I agree with him that it would be highly desirable if in all cases, not simply for the fuel poor, the fee for assessment was rolled up in the totality of the deal and arrangements were made for cross payment, as necessary. If you are faced with a threshold fee, that is a discouragement. You might end up paying the same money, but it should be part of the credit arrangement, not a separate arrangement.
There are subsequent references to fees, not all of which are entirely clear, and some of which may relate to exit fees. I understand that exit fees are an important provision for some credit providers in different markets, but it has to be made absolutely clear in the original agreement if there is to be an exit fee. We know that in other financial markets—mortgages and others—the regulations relating to exit fees are not clear enough. Certainly in the information provided to a person taking out a mortgage it is not always spelt out sufficiently when there is a substantial exit fee. In this case, the fee may relate to the owing of money, not to the person with whom you have dealt or who installed the energy-saving measures but to a financial company that lies behind that, via an energy bill from your energy supplier, and it is important that exit fees, if they exist, are specified. It is highly desirable that exit fees should not be another inhibition to the householder or a subsequent householder when deciding to move away from a particular supplier or form of credit.
Transparency is very important, and the current provisions of the Consumer Credit Act do not seem to tie this up sufficiently for application to these deals. The complexity of the arrangements, and the difficulty of explaining the range of organisations that will be involved in the totality of the deal for the average householder, make it even more important than in some other markets—where there is clearly a bilateral arrangement—that transparency exists. I therefore hope that the Government will take these amendments seriously.
Just to underline this, the real danger for the Government seems to come at the beginning. If one or two of these things go wrong because consumers are put off taking up the scheme, or very early on have some misunderstanding—to put it at its most neutral—with the installer, the provider or the financial vehicle, the rumour that this is not a good scheme will spread rapidly. We all want the scheme to succeed—to have a wide take-up and make the maximum possible impact on energy efficiency. However, it could stumble at a very early hurdle unless consumers are reassured. These two measures would help to reassure them.
Lord Marland
My Lords, I have just been handed a speaking note, which has slightly confused me. Ireland has beaten England in the one-day cricket—so much for the Green Deal. I am sorry to take away from the serious aspect of what we are talking about and I hope noble Lords will forgive me for imparting that. I know the noble Lord, Lord Davies of Oldham, will be as distraught as I am to hear that news.
The noble Lord, Lord Whitty, makes a very serious point, as always with his knowledge of consumers. At the heart of the Green Deal must be consumer confidence. Without consumer confidence we will not get this deal off the ground. It is imperative that the Government do this. The noble Baroness, Lady Smith, and the noble Lord, Lord Teverson, raise what I think are probing points that need to be ironed out in the passage of this Bill. The ironing out will be carried out with the platform of the Green Deal being very much consumer confidence, as we have debated in this Chamber and in Grand Committee rather exhaustively. On that basis, noble Lords will forgive me for reading out my speaking note, which is unusual for me. I will do it on this occasion because I want to get it right. Like the noble Lord, Lord Teverson, I suffer from meagre intelligence, so this has to be done in very big language.
Amendments 11 and 14 seek to ensure that consumers are offered the best possible energy efficiency solution. Clause 4 is central to the Green Deal and sets out the circumstances in which a Green Deal plan can be offered to the consumer. We envisage that a standardised methodology—mentioned by the noble Lord, Lord Oxburgh—will be used to carry out the assessment. This will ensure that the assessment is carried out in a robust, impartial way so that any measures recommended are suitable for the property in question and not influenced by other considerations.
Where the responsibility lies was the question asked by my noble friend Lord Jenkin of Roding. Assessors are responsible for getting the technical impartial assessment right. The Green Deal providers will be able to rely on this. They are responsible for financial advice. Installers will be responsible for the standard of installation.
I carry that theme a little further in response to the noble Lord, Lord Teverson, on how the financing will work for small builders, for example. Assessors and installers will not need to raise the capital. The Green Deal plan is between the Green Deal provider and the consumer, but that does not mean that assessors and installers will be paid a commission. Nor does it preclude independent assessment. In addition, Clause 3 provides for the code of practice that will regulate the proficiency of the Green Deal participants. The provisions in this clause seek to ensure that consumers are offered the best possible energy efficiency solution for their property.
Lord Whitty
My Lords, whether or not the Minister accepts the amendment, it is clearly an issue because there are curmudgeonly tenants and curmudgeonly landlords. The Minister’s understanding of the amendment in Committee and the way in which my noble friend Lord Davies has explained it today will arise. Whether or not she accepts that this provision should be in the Bill, the reality is that the basic concept of the Green Deal is that you pay back through the energy bill, yet the person actually making the improvements, or paying for the improvements in the first place in the normal sense of the word, might do so as part of a general improvement plan. It might be the landlord when the tenant pays the bill, or it might well be the tenant who wants to see these improvements and the landlord pays the bill, whether or not that bill is then re-charged to the tenant. So you have some complicated arrangements here.
One of the reasons why this matter is important is that the private rented sector has the least energy-efficient building structurally and has the highest incidence of fuel poverty proportionately. Therefore—I go back to my earlier point—before we launch this we need to have these things sorted out. I accept what the noble Lord, Lord Deben, says: that in a sense we do not want to appear to be holding a dagger to the throat of whoever is taking these decisions, or whoever is being curmudgeonly in his terms, but we need a way around this problem. I am not sure I have heard from the Minister yet that we have a way around this problem. Hopefully by the time she produces regulations, we will at least have the outline of a way around this problem, and, as I say, if it is not solved in the private rented sector, then a whole part of the potential benefits of this Bill will be lost.
Baroness Northover
My Lords, I am grateful for the amendment, which raises an important issue about human nature, if nothing else.
Removing consent barriers from the Green Deal journey is of course crucial to the success of the initiative. We agree with the sentiment behind the amendment. We want as many people as possible to take out a Green Deal, and the consent process must therefore be as straightforward as possible. However, we also need to be aware of the rights of property owners and tenants to object to works on their property or the addition of a Green Deal charge to their energy bill. Given this, we need to ensure that any options to overcome consent barriers achieve a balance between respect for these existing rights and unblocking barriers, which could hinder people’s ability to take out the Green Deal.
The noble Lord has just flagged up a very important and very complex issue. I assure him that officials clearly fully understood what the noble Lord said in Committee and are actively working to address the barriers. We will continue dialogue across government to identify solutions. The work is ongoing. I hope that that reassures him. He flagged up a very important area that is now being worked on. Because of that we are not yet in a position to accept the amendment.
I am certainly struck by what my noble friend Lord Deben says in regard to this and hope that he will continue to lead in this area as he always has. I like the notion of the missionary as opposed to the mercenary, but it is worth bearing in mind that some people are not too keen on missionaries either. I hope that at this stage the noble Lord will be willing to withdraw his amendment.