Energy Bill [HL]

Duke of Montrose Excerpts

Monday 24th January 2011 Grand Committee

[Lord Marland]

My Lords, I am very grateful to the noble Lord, Lord Deben, for his remarks and to others for the remarks that they have made. Before we start, to get us on the right footing, I would like to say that his excellent remarks about Amendment 20PA and subsection (1)(b)(ii) are very well made. Of course we will consider his comments, take them away and see how best we can improve matters. I am very grateful that he and the noble Baroness have drawn our attention to that particular issue, because these things do need tightening up.

On Amendment 20Q—some of this was answered by my noble friend Lord Deben—I agree with my noble friend Lady Noakes that it is an admission of failure for Government to regulate. That is a primary tenet of this Government, as my noble friend Lord Deben has said. If we cannot encourage people through these actions to participate in this opportunity—this great opportunity—then we will have failed and we will, therefore, have to regulate accordingly. However, as I said earlier, regulation is made on the basis that we have a “one in, one out”, arrangement, so we will have to look at the matter very carefully. I am not into “what if” scenarios about ideology, but I think that Government have quite a strong track record of choosing someone to do a review. That individual has to withstand the brickbats and the challenges of both Houses as to whether they are competent or going to give fair reason. Of course we must remind ourselves, as we do periodically, that the Green Deal will be a market-led product. We have to have confidence in the market without imposing too much regulation if the people involved are to be the proponents of the market. On that basis, I ask the noble Baroness, Lady Noakes, to consider withdrawing her amendment.

Amendments 20PA, 20P and 20Q would impact on the preconditions ahead of a Secretary of State being able to make these regulations. The Secretary of State will be able to make regulations only following publication of the review and only if he considers that the regulations are necessary to improve the energy efficiency of domestic private rented properties and would not decrease the number of properties available for rent. That is the framework that I mentioned earlier.

I hope that that largely covers the questions that have been asked. I invite noble Lords to withdraw their amendments.

[The Duke of Montrose]

My Lords, although I have not participated greatly, I have attended quite a few of the Committee’s meetings. The Minister says that he will take away and consider issues such as those raised by my noble friend Lord Deben. With the great efficiency of this Committee, we are presently discussing the clauses to do with England and Wales, but exactly mirroring clauses, which are word for word the same, later extend the provisions to Scotland. However, nobody has thought to extend their amendments into that same text, but no doubt the Minister will consider—

[Baroness Noakes]

Boring.

[The Duke of Montrose]

Well, I have said that it is highly efficient to consider these matters at the same time.

[Lord Marland]

Perhaps I should clarify that the authorities in Scotland will and can do whatever they want with their own powers. We are acting only as a facilitator for them to consider enacting those powers. I hope that that clarifies the matter for the noble Duke.