European Union (Referendum) Bill

Debate between Lord Gardiner of Kimble and Lord Greaves

Friday 24th January 2014 Lords Chamber

[Lord Gardiner of Kimble]

My Lords, I apologise but my understanding is that the relevant text in the Bill has been removed. Amendments 31 to 39 have fallen, as it were, because of the pre-emption. That provision has gone.

[Lord Greaves]

Perhaps I can help the noble Lord, Lord Anderson, and the House. This is getting into such a mess that I think we should adjourn now, but that is a different issue. The amendment that has been carried removes subsection (4). All these other amendments seek to insert text on completely different issues after subsection (4). I do not think that the removal of subsection (4) pre-empts text on completely different issues that is sought to be inserted after that subsection. I hesitate to say this when the Clerk is jumping up and down, but just because the relevant measure refers to line 9, and line 9 has been removed, it clearly now refers to where line 9 would have been previously.

Energy Bill

Debate between Lord Gardiner of Kimble and Lord Greaves

Tuesday 9th July 2013 Grand Committee

[Lord Gardiner of Kimble]

My Lords, from the outset I acknowledge the long-standing interest that the noble Lord, Lord Judd, has in the countryside and the impact of energy infrastructure on the landscape. The noble Lord referred to this matter at Second Reading. I know that my noble friend Lord Greaves also has a lasting interest in wild places.

As a countryman who cares about all these things very strongly, I understand where noble Lords are coming from. This is an important issue, and one that the Government recognise, which is why we have already put in place various safeguards within the planning and regulatory system to ensure that visual amenity and other sustainability issues are taken into account before decisions on infrastructure are made. Ofgem has a clear duty to contribute to the achievement of sustainable development; it must have regard to the effect on the environment of activities connected with the conveyance of gas through pipes and the generation, transmission, distribution and supply of electricity. It is also required to carry out impact assessments for important decisions, which would include consideration of sustainability implications, including local environmental impacts.

Amendments 41 and 46 would require the Government to undertake sustainability assessments of the policy set out in the strategy and policy statement before it is either designated or amended. Of course, it is important that the impact of regulatory decisions is assessed, but the intention of the strategy and policy statement is to reflect existing policy; it will not be a vehicle for the introduction of new policy or duties, nor will it contain any regulatory or planning decisions. The more appropriate time for consideration of the potential environmental impact of energy policy proposals is when they are being considered by the planning authorities—and I entirely understand what my noble friend Lord Greaves says about balance. Existing legislation, including in relation to the energy national policy statements, already provides the framework to ensure that this is done.

Amendments 42 and 50 would require Ofgem to show how it has complied with its general environmental duties to some extent in its forward programme work. Of course, I understand the noble Lord’s concern that Ofgem should take full and proper account of all its duties in drawing up its work plans.

The strategy and policy statement does not override Ofgem’s existing duties to contribute to sustainable development and, because of the requirement for Ofgem to set out its strategy for implementing the strategy and policy statement in its forward work programme, we believe that it will increase the accountability of the regulator. That is also reflected in the requirement to report annually on its contribution to meeting the strategy and policy statement’s policy outcomes. Indeed, the noble Lord, Lord Judd, referred to the question of the requirement to demonstrate compliance with Ofgem’s environmental duties. Ofgem will be required to report on how it contributes to meeting the policy outcomes in the statement. Existing duties will still apply and we would expect Ofgem’s report to take account of those and how they impact on relevant regulatory actions. I would also expect both the work plan and the annual report to cover the relationship between the strategy and policy statement, as well as Ofgem’s remit.

Amendment 42A would require Ofgem to have regard to the effect on the environment of activities connected with the conveyance of gas through pipes and with the generation, transmission, distribution and supply of electricity. Under the existing regulatory framework, Ofgem already has duties that require it to have such regard. Again, I refer to the point that the noble Lord, Lord Judd, made. That duty is imposed by the Gas Act and the Electricity Act and will still apply even if the guidance were to be repealed. As I have pointed out, nothing in the strategy and policy statement overrides those duties, which would continue to apply. Indeed, it is a reasonable expectation that the SPS will pick up on important parts of the guidance. In my view, Amendment 42A would therefore not be necessary.

The noble Lord, Lord Greaves, asked whether the statement covers oil and gas exploration. No, it would not. It applies only to Ofgem’s existing regulatory duties. Ofgem does not regulate oil and gas exploration and no changes to that are proposed.

Amendments 43, 44, 45, 47 and 48 would introduce formal requirements for the Government to consult specified interest groups in relation to the SPS. As has been referred to, the Bill already makes provision for wide public consultation as we develop the contents of the SPS. I reassure the noble Lord that we intend to engage fully with all relevant stakeholders, including, where relevant, those who represent an environmental perspective. Furthermore, Ofgem will consult on its forward work plan, which will include its strategy for meeting the SPS policy outcomes. That will provide another opportunity for stakeholders to express their views. In the light of that, we do not consider it necessary to name particular interest groups in the legislation.

Amendment 49 would require that, when the strategy and policy statement is laid before Parliament, it is accompanied by a statement explaining how it relates to other government statements on energy policy. The legislation already requires that the strategy and policy statement sets out the Government’s strategic priorities and other main considerations of its energy policy. It will therefore have to reflect existing policy and explain the context in which it is made.

To refer to a point that my noble friend Lord Greaves made about how the strategy and policy statement relates to national policy statements for energy, the SPS will set out the Government’s strategic priorities and policy statements in relation to issues where the Government consider that Ofgem regulation has a significant role, whereas the national policy statements deal with the development of nationally significant infrastructure in particular sectors—for example, energy and transport. They are the framework for decisions by the Secretary of State on applications for development consent orders for nationally significant infrastructure projects and may be a material consideration for local planning authorities when determining other infrastructure proposals. It is for these reasons that this amendment is unnecessary.

I hope that the reasons I have outlined have reassured noble Lords about why the Government do not think that this amendment, the intention of which is entirely laudable, is necessary. I hope that I have been sufficiently reassuring for the noble Lord to feel able to withdraw his amendment.

[Lord Greaves]

The noble Lord, Lord Judd, other noble Lords and I will read the Minister’s speech very carefully. There was some helpful stuff in it. I have two questions. First, given that we will have the whole summer before we return for Report, might it be possible to firm up the kind of thing that might be in the SPS referring specifically to social and environmental issues as the replacement, which it says that it is going to be, for the stuff repealed by Clause 126? Secondly, does the Minister accept that, despite the fact that the NPS and SPS have different roles and therefore different purposes, if they were in conflict in any way, even in quite detailed ways, that might cause problems because people would pick up one and quote it against the other? If the SPS is to reflect existing policy, in those areas where it covers the same areas as the NPS on energy—and it clearly will in some areas—does it mean that it will follow the NPS, that the NPS will be the superior document and that the SPS will simply reflect the NPS or is it more complex than that? If it is more complex than that, we might want to come back on this.

--- Later in debate ---

[Lord Greaves]

Before the noble Lord withdraws the amendment, will the Minister comment briefly on the two supplementary questions I asked him?

[Lord Gardiner of Kimble]

My Lords, if the guidance is repealed, an environmental duty in the electricity Acts and the SPS will cover the same ground as is currently the case. However, I will reflect on what the noble Lord has said and will write to him if there is anything more constructive on which I can report.

Localism Bill

Debate between Lord Gardiner of Kimble and Lord Greaves

Monday 10th October 2011 Lords Chamber

[Lord Gardiner of Kimble]

My Lords, concerns about the unintended consequences of the assets of community value provisions were raised at Second Reading and in Committee. Indeed, my noble friend Lord Cathcart and I tabled amendments because of our concern. Therefore, I thank the Minister very much for her understanding and determination to ensure that the Bill hit the right target in bringing forward the Government’s amendments tonight.

I also include in my acknowledgement and appreciation of the work undertaken the Bill team and, indeed, outside bodies such as the Country Land and Business Association for securing practical solutions. The common objective that we all share is vibrant communities for the future and I hope that the Bill as amended will help to fulfil that aspiration.

[Lord Greaves]

My Lords, I thank the Government for listening to the debate on this matter in Committee and for coming forward with amendments which, by and large, are very sensible. I particularly appreciate their picking up the ancillary use point that I raised in an amendment, a great deal of which makes sense. Furthermore, I think that we all owe a debt to the noble Lord, Lord Cameron of Dillington, for the hard work that he put into this part of the Bill—not least because it meant that we could leave it to him and concentrate on other parts of the Bill.