Infrastructure Bill [HL]

Debate between Lord Whitty and Lord Davies of Oldham

Monday 9th February 2015 Lords Chamber

[Lord Whitty (Lab)]

My Lords, I echo quite a lot of what my noble friend said. We have moved in the direction of a report to Parliament and the role of the Secretary of State vis-à-vis the strategic highways company. I accept, I think, although like my noble friend I find the wording a bit peculiar, that that reinforces the application of the equivalent TUPE in relation to the staff of the Highways Agency.

The one point I am disappointed by, which my noble friend also mentioned, was that neither the Commons nor the Government have seen fit to strengthen the reference to road safety in the terms of the duties of the new company. It is a very weak form of obligation. It is slightly stronger than it was originally. The road investment strategy says that the Secretary of State must “have regard in particular” to the effect of the strategy on the safety of users. Later on it says that the company should “have regard”—no longer “in particular” —to the effect of the exercise of those functions on the safety of users. The phrase “have regard to” is the weakest form of legislative obligation. I had hoped that during the passage of the Bill we would strengthen that wording so that it would be an objective of the company and of the investment strategy to improve the performance on road safety. We have not got that and we are now at quite a late stage during the passage of the Bill but I hope that the Government will keep that under review as we go forward and the company is created. I do need to point out that I am a chair of the Road Safety Foundation. The anxiety that safety should be part of the DNA of the new body is broader than just among those who have any vested interests and certainly I would have thought that the Government could have moved further. However, on the rest of it, I thank the Minister for having moved a bit in our direction.

[Lord Davies of Oldham (Lab)]

I do not need to add much because my noble friends have emphasised certain weaknesses in the Bill as we are considering it today. That is not for want of trying. Both my noble friends—and I, from the Front Bench—were concerned about the issues that they have just emphasised. My noble friend Lord Whitty was concerned that road safety will not get the prominence in the Bill it surely deserves while my noble friend Lord Berkeley emphasised the significance of the Office of Rail Regulation. We all welcome the fact that there will be the possibility of a change of name as we could not see how the Office of Rail Regulation could intelligently deal with the road sector and operate under its present name. It is going to do so for a while, but at least the Minister has now ensured that there is provision for change at a later stage.

We support the thrust of Amendments 1 to 5, which we were pressing on the Government not so very long ago. We are still concerned that the Bill does not improve significantly the overall British performance with regard to roads, which clearly are a very important part of the national infrastructure. We know that other countries are more successful in establishing infrastructure. Those of us who from time to time are privileged to drive on the continent often appreciate the difference that obtains there. Even the French have begun at last to approximate to British standards of road safety. There was certainly a deficiency in the past. We support the five-year roads investment strategy that is underpinned by the Bill. It sets a long-term transport planning strategy to give the road sector the same certainty that the railways have. However, we have no evidence that justifies the main thrust of the Bill, which is unamended by these amendments, and the Bill is still overwhelmingly concerned to move the roads authority to an arm’s-length position. We were not persuaded of that argument through all the days of Committee and Report and I am not sure that those in the other place were persuaded about that fundamental part.

We are broadly in favour of Amendments 1 to 5. The Minister took a very serious and empathetic approach to explaining how TUPE was to be fulfilled with regard to the Bill. I understand Amendment 44 and could not endorse it more whole-heartedly. However, I am not quite sure what Amendment 45 is doing there and I therefore ask the Minister to spell that out in greater detail.

We are pleased at the progress that has been made. We think it was a long time coming, because we were debating this Bill several months ago and there is not much in these amendments that we had not articulated or advanced in argument at that time without winning too much support. We are pleased with the amendments that are before us and will be supporting them.

Infrastructure Bill [HL]

Debate between Lord Whitty and Lord Davies of Oldham

Monday 3rd November 2014 Lords Chamber

[Lord Whitty]

My Lords, Amendment 16 is about the relationship between the new company and the other highways authorities—essentially the local authorities. It is clear that for the effective operation of the new strategic highways company there will need to be close co-operation with those authorities. I should declare an interest, again non-pecuniary, as a vice-president of the LGA, which supports this amendment. Highways authorities feel that they have not been effectively consulted hitherto. Although they do not oppose the Government’s proposal in the Bill, they consider that Ministers should discuss with them how the company will operate as there will need to be co-operation between the strategic highways company and highways authorities on traffic management and new road schemes. The structure of the new organisation needs to be broadly agreed. There also needs to be some representation on the board of the new structure of those authorities that manage and oversee the other roads in England.

The amendment provides for consultation on the structure of the new company and the appointment of a local authority non-executive director on the board. That would be the minimum that we would need to see for a good and effective co-operative arrangement between the new company and the other highways and traffic authorities. I hope that the Government will accept the amendment. I beg to move.

[Lord Davies of Oldham]

My Lords, I should like to speak briefly in support of this amendment, to which I have lent my name. The Government list the “major challenges” facing the strategic road network: stop-start funding, underinvestment, inefficiencies and growing pressure from congestion. If these challenges are so severe, why are more than 90% of our people fairly happy with the condition of the strategic road network and only 30% happy with the condition of local roads?

On the evidence that the DfT is citing to justify its obsession with strategic roads, figure 1 in the summary of reform states that spending on major projects fell sharply in the 1990s and has remained low since, while overall traffic has risen. The figure completely ignores the previous Labour Government’s investment in local roads and tackling traffic in our towns and cities. That is where congestion is obviously most frequently experienced. We spent more than £4.5 billion annually on local roads between 2005 and 2010. That was cut by one-third for 2011-12 by the present coalition Administration. If the DfT wants to talk only about strategic roads, we suggest that it compares the spending on strategic roads with the amount of traffic on them.

Ministers continue to stress that their reforms will deliver a world-class roads network, but throughout the extensive documents that they have published there remains scant mention of the major challenges for local roads, which face a pothole epidemic. Any Member of Parliament will tell you that the transport problem in his area is bound to be represented by potholes in roads. The potholes do not just cause damage to vehicles but affect the pace at which they can travel.

The Government claim that they will deliver more reliable journeys, reduced congestion and less delay and disruption. However, they cannot be listening to local government, which is warning that the new two-tier road system threatens to speed up vehicles travelling significant distances but will lead to greater delays on local roads. I have no doubt that the Minister will say that the department has committed unprecedented funding for local road maintenance—£9.8 billion over the next Parliament and £975 million a year to councils. However, both those figures represent a real decline and more than one-third of the money will be topsliced for the Challenge Fund dreamt up by the department, which means that local authorities spend time and, of course, scarce money on bidding rather than actually fixing the roads.

There is no point in building a world-class strategic road network if 98% of local roads that people use every day are clogged with congestion or are falling apart. That is why this amendment seeks to ensure that the Bill gets the strategic and local road networks working better together and makes a real and tangible difference to tackling congestion. That is why we want to see local representation on the strategic highways company board, which will ensure that the company delivers and complies with its obligations. Local authorities must be actively involved in the creation of the strategic road network.

This issue is of the greatest importance. I understand entirely, of course, why the Bill concentrates on the strategic network but it must not ignore the needs of local road networks. They have to be recognised in the Bill as partners in ensuring that journeys are carried out in the most effective way.

Infrastructure Bill [HL]

Debate between Lord Whitty and Lord Davies of Oldham

Tuesday 14th October 2014 Grand Committee

[Lord Whitty]

My Lords, as a former consumer champion, I am fully in support of what the noble Lord, Lord Jenkin, is trying to do here and, in particular, I see the sense in putting it in the hands of the Treasury. The Treasury is the only government department, with the occasional exception of No. 10, which can ensure that individual departments do not go off at a tangent. The problem is not only the multiplicity of regulators but that each of them rests within a culture of a different department. The consumer function, insofar as it is reflected in Whitehall, is a very minor function of the business department’s responsibilities. It is only the Treasury that can insist that regulators and departments really look after the interests of consumers.

Whether the Government follow through the amendment of the noble Lord, Lord Jenkin, or the NAO’s report, this is something that needs doing, and therefore I hope that we get a positive response.

[Lord Davies of Oldham]

My Lords, I, too, congratulate the noble Lord, Lord Jenkin, on putting forward a very useful amendment. However, as he indicated, in terms of the level of expertise available among staff currently devoted to aspects of this kind of work in the Treasury and the fact that we would also need some legislation, the whole proposal will produce enormously beneficial results but not next year, nor probably after that. It would take some time before we had the full range of expertise indicated in the noble Lord’s amendment.

He is absolutely right on one thing: of course the country is not prepared to take time over these issues because the consumer is all too well aware that they are bearing the costs of a great deal of interest by the companies. What the companies reflect is what they classically reflect in the private sector—the massive increases in pay for their directors and chief executives since they became independent operators, a significant increase in profit and a whopping price rise for the consumer, who has very little capacity to avoid such price rises.

We know that consumers are meant to move around among the energy companies—we know how easy that is with regard to water, for example, and other areas where the natural monopolies obtain. The noble Lord, Lord Jenkin, has identified what we on this side of the House have emphasised for several years: that the operation of a great deal of these services to the public through such private companies, some of which are natural monopolies, has produced a most distressing situation for people who we all know are seeing nothing in the way of increase in their own resources, with low wage levels, and are meeting ever increasing costs. I therefore strongly support the amendment and congratulate the noble Lord, Lord Jenkin, on making this great effort to produce an outline of what is necessary. However, we will expect the next Government to move more directly even than this proposal.

Infrastructure Bill [HL]

Debate between Lord Whitty and Lord Davies of Oldham

Tuesday 8th July 2014 Grand Committee

[Lord Whitty]

My Lords, I shall speak also to Amendment 58 in this group.

The first amendment is to make clear that the ORR, or whatever we end up calling it, will be a regulator as well as simply a monitor. I said earlier that we needed something equivalent to the ORR, which monitors the rail network, to be applied to the road system. There are areas of a strategic road system that need to be regulated. They include safety records—I declare my interest as chair of the Road Safety Foundation. They also include environmental performance in relation to all sorts of things such as carbon emissions, air pollution, water runoff and so on. Someone needs to be regulating specifically the strategic network, which is seen increasingly as a system. It has hitherto been subject to either general regulation or specific regulation by the Department for Transport.

It is important that the new body, as it extends its role into roads, is seen to have as powerful a leverage in that area as the ORR does in rail, to achieve the excellent levels of safety that we have achieved in the railway system in recent years and to ensure that the strategic network continues to make substantial improvements in the safety record on the highways network. If the Government maintain their line that the monitor is not a regulator, then it is not just a question of symmetry between the different modes but a question of the effectiveness of the Government’s role in relation to the strategic transportation system within England. The ORR-plus needs to be given that clear role.

As to my second amendment, I suspect that I shall get from the Minister the same answer that I received in relation to the Passengers’ Council’s funding. It is important, though, to recognise that this situation is unusual. In energy, water and telecoms the money comes from the regulated industry. In her response on the issue of funding for the Passengers’ Council-plus, the Minister said that it would come from the Government. I assume that I am going to get the same answer in relation to the regulator/monitor.

It is important for the Government to recognise that this is unusual, and someone sitting in the Treasury probably realises that. On reflection, I still think that this should probably be a matter for the user organisation, the watchdog, if such a provision were to be written into the legislation. Some future Chancellor, of whatever party, may ask: “Why are we, the taxpayer, paying for this in relation to transport, when in all the other regulated sectors it is the industry that pays for it?”. In the great scheme of things, the Treasury, wearing another hat, regards all this as taxation because it is a mandated levy on the industry, but in terms of the impact on the general expenditure of the Government it is in a different category. It would therefore be useful not only to have on the record the Minister saying that that is how this body will be funded but, for added certainty, to put something like that in the Bill. I beg to move.

[Lord Davies of Oldham]

My Lords, I have amendments grouped with those of my noble friend Lord Whitty, and I agree with a great deal of what he has just said.

Amendment 54 is my chief amendment and is designed to ensure that the monitor focuses not simply on the financial cost of the strategic highways company’s activities—that is, the bill to the taxpayer for the SHC—but on its wider non-monetisation impacts such as landscape, biodiversity and social distribution. We need breadth to the monitor’s analysis of the performance of the company. The text is based on guidance in the Treasury Green Book on appraisal, so I am merely suggesting that where the Treasury thinks that the proper appraisal of an activity should include these features, I want them to be included when considering the SHC.

The other amendment in the group is a minor one about removing all exemptions in documents. We do not see why these powers should be restricted in the documents that are made available, but that is a relatively minor aspect. Amendment 54, however, is of considerable import.

Infrastructure Bill [HL]

Debate between Lord Whitty and Lord Davies of Oldham

Thursday 3rd July 2014 Grand Committee

[Lord Whitty]

My Lords, I am sorry, but this is something else that I think should be in the Bill. It does sort of follow from the clear statement by the Government that we will have only one strategic highways company, in which case it should surely be made clear that the scope of its activities covers what are currently Highways Agency roads in England. At the moment, that is not clear—and I think that I am right in saying that it is also not necessarily the case. Tolled roads will remain the responsibility of the Secretary of State, and some of those tolled roads, such as the road that I still call the Birmingham North Relief Road—the tolled M6—come under the general jurisdiction of the Highways Agency, although the company that runs the tolled M6 operates it and, of course, collects the tolls for it. So the exact jurisdiction of the company needs to be made clear. That is not to say that all the roads that are currently under the remit of the Highways Agency should always remain so. One can alter that later.

There may be some local roads that should be transferred into the company and there may be some roads in the margins of the Highways Agency’s slightly odd portfolio that should really be local roads, in the general demarcation between the two. Ministers and the Secretary of State would still have the possibility of changing those roads but it should be clear that this Act is shifting what are currently Highways Agency roads into the new company—full stop. That is what my amendments in this group provide for, with Amendment 9 saying that it is “the whole of England” and Amendment 10 saying that, in the first instance, they will be Highways Agency roads. I beg to move.

[Lord Davies of Oldham]

My Lords, I support my noble friend’s amendments, and shall speak to the two amendments in my name. Amendment 11 is a probing amendment; I want to know where Wales fits in. It is the only reference to Wales that I have seen in the Bill and I would be grateful if the Minister could make it clear where Wales fits into any possible consultation process with regard to the authority.

Amendment 12 is pretty self-explanatory on the necessity of consulting with local highways authorities in the areas that they cover on the structure of the organisation, the appointment of a representative of local highways authorities as a non-executive director of the board, and other matters decided by the Secretary of State. It is clear that for consultation to be remotely effective there has to be some representation of the local highways authorities.

As the Minister is all too well aware—the Committee need not dwell on this point for any length of time—important though the motorways and trunk roads of England are, local authorities still carry most of the traffic and, of course, are responsible for the majority of the roads. It is not conceivable for a scheme for a road of such significance to be developed and work to be done on it without the local highways authorities being involved. We are all well aware that if there is the most minor interruption on some of our motorways and other major roads, cascades of traffic fall upon the local roads. Those local roads bear the brunt not just of the difficulties of that day but of the ongoing costs as a consequence of excessive use of them; they are often not designed for the volume of traffic that is diverted on to them.

I am sure that the Minister will be at pains to emphasise that nothing will be done without consultation with the local highways authorities. My amendments seek to make that explicit in the Bill.

--- Later in debate ---

[Lord Whitty]

My Lords, I have tabled Amendment 40 in this group on precisely the subject of the duty to co-operate. This very much builds on the Localism Act, under which local authorities have a duty to co-operate with each other. I understand that part of the department’s argument on this will be that the new company—the present Highways Agency—is already a traffic authority and a highway authority and is therefore covered by the Localism Act’s provisions. I am not sure whether that is entirely clear. If it is, then some of the objections that the noble Baroness, Lady Neville-Rolfe, referred to would have to apply to the Localism Act as well. If that is the case, can we somehow cross-refer to it?

The Highways Agency has only 2.4% of the road mileage of the country. All of its roads create traffic for the local network and all of the local network piles out on to the motorway at various points. Sometimes the most congested areas of the motorway are congested largely because it is being used as a local road by people for just two exits. There is an important need for the Highways Agency and the traffic authorities to co-operate and that needs to be reflected in the Bill.

However, in view of the environmental and safety aspects, there is also a need to co-operate with the safety authorities and with the Environment Agency, which is concerned with emissions, air pollution, water run-off and so forth. The HSE’s duties on the roads will relate only to employee drivers, but it does have some, and there must therefore be a cross-over.

We have briefly mentioned the interface with Wales. Obviously, at the far end of the network there is interface with Scotland as well, and there needs to be some co-operation with the devolved Administrations. I also referred to the police and traffic commissioners because, in practice, a lot of the traffic management of the Highways Agency is conducted by the police. Therefore, the police should have at least some mention here, although I am not entirely clear whether the duty to co-operate under the Localism Act actually covers police authorities as well. In one sense, even if it does, we should cross-refer to it.

[Lord Davies of Oldham]

My Lords, I want to reinforce the points that have already been made in terms of some definitions of obligations and duties as far as the company is concerned. Amendment 15 would ensure that the road investment strategy outlines its social, economic and environmental objectives. The Government’s draft national policy statement, published recently, sets out the policy against which the Secretary of State will make decisions on applications for development consent for nationally significant infrastructure projects. The application should include guidance on mitigating environmental and social impacts and plans to enhance environmental benefits—objectives to which I am sure we would all subscribe.

However, the Bill references merely the strategic highways company’s “objectives”, without giving the new company a clear direction on how the road investment strategy will aim to ensure that its activities are carried out with the intention to provide benefits to society, the economy and the environment. For example, the strategy should incorporate an estimate of the impact on UK carbon emissions of building more roads infrastructure. It is inconceivable that we would have a perspective on such construction without having some assessment of the issue of emissions. It surrounds all aspects of aviation at present and it cannot be anything but an important issue, as far as the public are concerned, for roads.

--- Later in debate ---

[Lord Davies of Oldham]

My Lords, Amendments 20 and 21 in my name are designed to encourage proper scrutiny of the road investment strategy that will be set by the Government. The impact assessment makes clear the potential effect of the operation of the new organisation on the public:

“Corporatising the HA will provide it with a greater commercial focus, but there is a risk that it might take decisions that have negative consequences for the public. We would not expect a company at arm’s length to make identical decisions to a minister, who is expected to take into account a wider range of impacts and views and is then held democratically accountable for them”.

Exactly. That is why it is enormously important that this body, which is to be established with increased powers, is made fully accountable.

The road investment strategy is likely to last five years and will involve the spending of a huge amount of public money. As the Minister said at Second Reading, the Government committed more than £24 billion to upgrade Britain’s strategic road network between 2011 and 2021. The strategic road network, as the Committee knows, carries a third of all car and van traffic and 65% of heavy goods traffic. It is therefore vital that business, trade bodies and campaigning organisations can make their views known during the consultation process. It is also vital that the public can make their views known, both directly through the consultation and indirectly through their elected representatives. If it is a vital part of the Government’s plans to secure stability and enable long-term planning, then it is also essential that this process is transparent, open and accountable. Otherwise, it will never gain the public confidence that it needs to operate successfully. I beg to move.

[Lord Whitty]

My Lords, I have an amendment in this group. I agree entirely with my noble friend Lord Davies on how we get to the investment strategy. My amendment is at the end of this group, and it is about Parliament’s oversight of the process. We always ought to consider how Parliament both approves and monitors bodies and documents which are referred to in legislation.

I am proposing that, before the first strategy is implemented, it should be subject to a report of a Joint Committee of both Houses. I suspect that our colleagues in the House of Commons will say that it should be a DfT Select Committee. Nevertheless, some form of parliamentary accountability is necessary. It is nowhere in the Bill, and it should be. It should be a regular process; I am saying every five years because that is the period to which the money and strategy initially relate. Certainly, a regular review of the roads investment strategy ought to be built in at parliamentary level. That will complement the consultations that are required at the beginning of the process in my noble friend Lord Davies’s amendments.

Energy Bill [HL]

Debate between Lord Whitty and Lord Davies of Oldham

Wednesday 2nd March 2011 Lords Chamber

[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.

Energy Bill [HL]

Debate between Lord Whitty and Lord Davies of Oldham

Monday 31st January 2011 Grand Committee

[Lord Whitty]

My Lords, the noble Lord, Lord Teverson, is to be congratulated: he has really put his finger on what is utterly wrong with the whole structure of tariffs in the energy market. It is an object of public policy to reduce fuel poverty, and it is an object of public policy to reduce consumption of energy, yet we have a structure of hugely complicated tariffs for households—2,500 tariffs, or whatever it is—the net result of which is that the poor pay more, and that the more you use the less you pay. That is an absurdity arising from a combination of an oligopolistic market, a history of the standing charge, and a sort-of ideology behind the Ofgem intervention about cost reflectivity. If you were really trying to achieve the outcomes that successive Governments have declared, you would restructure and regulate the market in the direction proposed by the noble Lord, Lord Teverson.

Obviously, there are complications. There will be winners and losers. I disagree with the climate change committee and, to some extent, with my noble friend Lord O’Neill—the bulk of the fuel poor are fuel poor because of the price that they pay for electricity, not because they have to use more of it, even though it is true that a programme of improving the energy efficiency of buildings would ideally predate any change in the tariff structure. A sub-group of the fuel poor have to spend to use an enormous amount of energy to meet minimum comfort levels, but the majority are hit because of the prices that they have to pay within the properties that they occupy.

There would have to be some sophistication of the proposition made by the noble Lord, Lord Teverson. The crude definition is a rising block tariff, but it is not necessarily the only way in which to act. The Government would be well advised to ask Ofgem, the energy companies and everybody else in the field to look at the whole concept. Until we effectively reverse the structure of tariffs, we will not achieve those two objectives and—via the objective of using less energy—the energy-security objective of energy policy. The noble Lord, Lord Teverson, has a big idea here. I suspect that the noble Earl is correct that the Minister will not leap overboard and grab this amendment, but we need to think radically here and ensure a proper analysis of how the restructuring could be done effectively with minimum collateral damage.

[Lord Davies of Oldham]

My Lords, I am going to offer a word of solace to the Minister: I recommend that he suggests that the noble Lord withdraws his amendment, not that the Government should accept it. I doubt whether the Government will accept it, not least because although this has been an interesting and informed debate, the cross-currents have been very sharp and very obvious. In seeking the objectives that we all seek, the question of strategy is difficult. I doubt whether this Bill can stand the strain of carrying an amendment which indicates that the whole of the tariff position should be restructured as far as the electricity companies are concerned, particularly given that we are short of information.

First of all, the companies are short of information about which households ought to have preferential treatment. I very much enjoyed the thoughtful and considered speech of the noble Earl, Lord Cathcart. He took us with him in terms of the objectives, but council tax will not do as a measure of the relative strength or weakness of household economies. We are in the historic position—as the noble Lord, Lord Oxburgh, identified—that this initial tariff is the old standing charge written into a new pricing framework. Now there are elements of a standing charge which companies have to meet.

However, our consideration with this Bill is, how do we make the Green Deal effective? I listened very carefully to my noble friend Lord O’Neill, who indicated the difficulties of both ends of the spectrum in this argument. In terms of making the Green Deal effective, it would complicate matters enormously if we were also saying that in a short period of time, we would be changing the nature of the pricing policy. There is enough of a problem with pricing anyway. We all know that we have a terrifying situation at the moment with world energy prices and the issues faced by consumers. None of us knows what lies ahead, but it is unlikely that energy will become significantly cheaper in the foreseeable future. Therefore households treat energy bills with great seriousness.

Can this be solved along the lines of this amendment? In due course, I think it would probably need to be. We have to get away from the issue of why the pricing policy is as it is. The Bill has to deliver the drive towards the Green Deal. The priority has to be to emphasise to households that they must pursue strategies to reduce the consumption of electricity. It is consumption that we have got to reduce or, more accurately in many cases, we have got to reduce waste, given that our houses are so ill-equipped for the circumstances.

We have to deliver the Bill’s objectives before we move, and expect the industry to move, to that dimension identified by the amendment of the noble Lord, Lord Teverson. This has been a very useful debate, but I fear that if the concept in that amendment was put into the Bill, we would complicate matters enormously in terms of the impact on households. We would therefore fail with the main strategy to which we are all committed under the Bill. I hope the Minister will take a similar view.

Energy Bill [HL]

Debate between Lord Whitty and Lord Davies of Oldham

Wednesday 19th January 2011 Grand Committee

[Lord Whitty]

It would probably be helpful to us to have that legal advice—or the gist of it—in writing, otherwise we may return to this.

The issue in Clause 13, equity between the original occupier signing up for the Green Deal and a subsequent occupier, is still important. I agree that aspects can be covered by secondary legislation or the code of conduct, but it is obviously key that any potential payment needs to be spelt out—this is where it links to Amendment 16 with relation, for example, to an exit fee. If you sign up for an agreement, and there is an exit fee included, you are going in with your eyes open—or you should be if everything is transparent and spelt out. However, the agreement is not with the person who may subsequently pay the exit fee; other things being equal, on acquiring the property, a subsequent owner will have calculated that it is better to pay off the debt early. If there is a fee attached that is not included in the deal, it is important that contingency is covered. Transparency, caveat emptor and a search on acquiring the property or taking up the tenancy or lease must all be taken into consideration, but if a subsequent owner is to be liable for such fees down the line this must be spelt out.

To some extent, I accept the view that Amendment 15 is not appropriate in that it would prescribe a fixed rate of interest. On the other hand, it is difficult to calculate, even within the range of outcomes we discussed on the earlier amendment, whether the golden rule works unless you have some understanding of the interest implied in the total package. Some will be marginal, and a fixed rate will give you at least the minimum rate of return and benefit, whereas with a variable rate it will be difficult to assess whether the golden rule has been met. We will have to assume certain things about energy use. As the noble Lord, Lord Jenkin, said, some people will use more energy because it is cheaper, for obvious reasons. However, on the basis of equal use and equal interest rates, you can make a reasonable stab at a calculation on the golden rule. If both of those are variable, it is more difficult to say how it applies.

I realise that we have to have flexibility, and therefore Amendment 15 in its absolutist sense is probably not appropriate. The previous amendment, with the clarification on compensation and Consumer Credit Act provisions, is needed. We need to protect consumers from the possibility that the whole structure of repayment is either to their detriment or unclear when they sign up.

Although I will withdraw the amendment at this stage—

[Lord Davies of Oldham]

My noble friend will have recognised from the contributions of Members of the Committee the anxiety about the concept of the fee. I wonder whether he will withdraw his amendment before we have made a great deal of progress, as I heard from the Minister’s reply, on how that issue is to be resolved. We have expressed anxieties on it.

I apologise to the Minister if, in the disturbance caused by the Divisions, I lost track of his replies. He may have covered the matter. I know that my noble friend was exercised about this, but so were other Members of the Committee and we all gave voice to it. We certainly have anxieties, and I wonder whether, before withdrawing the amendment, my noble friend will press the Minister on the matter.

[Lord Whitty]

I will press the Minister for communication with Members of the Committee who have taken an interest in the matter, on both the legal point and on any fee that applies.