Energy Bill [HL]

Duke of Montrose Excerpts

Tuesday 8th February 2011 Grand Committee

[Baroness Northover]

My Lords, I am delighted to have been assigned this clause stand part debate, because therefore I am by proxy receiving congratulations that are not deserved, which is a great pleasure. My noble friend has raised another issue on the substance of the clause, so I shall spell out what it seeks to do.

This simple clause extends the Coal Authority’s powers in England and Wales, which would enable the Coal Authority to use, and charge for, its existing expertise in remediating coal-related environmental and safety liabilities in non-coal related contexts. For example, it could assist other public bodies and private landowners in dealing with mine-water treatment and subsidence or surface hazard remediation outside the coal-mining sphere, but that would not take precedence over the authority’s existing statutory duties.

On whether we are talking here about non-flat playing fields again, I assure my noble friend Lord Jenkin that the clause enables the Coal Authority to work in the area without cutting across its statutory duties, but it does not give it precedence in the area. It does not even place an obligation on the Coal Authority to act in this way or on others to use it; it is just an enabling power. I hope that that reassures him. We will return to the Public Bodies Bill—maybe not, depending on what happens with the AV Bill—and no doubt we will get into further discussions on what it says. In the mean time, I hope that the noble Baroness will be happy not to oppose the Question that the clause stand part.

[The Duke of Montrose]

It is nice to have an explanation given as to how the powers will affect England and Wales. It will be reassuring to the Scots on the next clause, as I am sure that the same arguments will apply there.

[Baroness Northover]

I confirm that Clause 101 mirrors the clause and extends the powers to Scotland, so I hope that it is not room 101.