Lord Marland
Main Page: Lord Marland (Conservative - Life peer)
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.
The Parliamentary Under-Secretary of State, Department of Energy and Climate Change (Lord Marland)
My Lords, I thank all noble Lords who have spoken and want to tell everyone that I am on my best behaviour because my boss is watching, so I will not say anything too controversial or concede too much.
It is a great opportunity for me to thank all noble Lords for the time and effort that they put into Committee to identify issues and work together to make this a much more valuable Bill. That is the expertise of the House. We can contribute, and we have done magnificently. We have given the Bill a thorough road test with great cross-party agreement, and I pay my personal thanks to those on the Opposition Benches for all the work that they have done—through very difficult physical circumstances in the noble Baroness’s case. I am delighted to see her able to get to her feet. She can always have assistance from our side, particularly when going into the right Lobby.
We have sought where possible to accommodate suggestions, but some cannot be achieved within the timeframe available on Report. However, we will endeavour to do so by Third Reading, and then further changes will be made in the other place. Of course, some amendments would not provide the functionality that is required, and even though we have listened very hard to them, unsurprisingly we will not accept them. I hope noble Lords will take that into account when they make their contributions. We have listened and we have all ridden together to make this a constructive document, and again I thank everyone for their support. I do not believe that it is necessary to set statutory powers, as referred to in Amendments 102 and 121, but I agree that there should be an aim for our energy efficiency policies. We will come back with proposals on that for consideration in the other place, which I hope will satisfy the noble Baroness. We cannot achieve that now, but we will be looking to achieve it as we go forward.
I am grateful for the contribution from the noble Lord, Lord Whitty. I was pleased to see that he had a playful smile when he referred to fuel poverty, which is fundamental to what we are trying to achieve. Fuel poverty has increased exponentially and we must put the brakes on that. Much of what we are trying to do with the Green Deal addresses that. My noble friend Lord Dixon-Smith rightly points, as he often does, to the issue of whether we should have continuing annual reports, and so on. Clearly the Government are committed to openness and transparency, and we have an annual report on progress towards our energy efficiency goals. We will consider the operation and performance of our energy efficiency policies, not least the Green Deal and the ECO, which will prominently feature in our reports published under the department’s annual energy statements. Such documents will provide all the information required on the activity of the department, including the Green Deal and ECOs. I hope that that reassurance will allow the noble Baroness to withdraw her amendment.
Baroness Smith of Basildon
I thank the noble Lord for the way in which he has engaged with the Opposition during the Bill’s proceedings. He says that he will take things away and look at them again, which has been a theme throughout the Bill. All the amendments today are within that spirit of co-operation. I feel strongly about them, so I shall press the Minister for clarification. I think that what he is saying might satisfy our requirements, but we will test the will of the House unless I am clear about that.
There are two issues here. One is the annual report on ECOs and the Green Deal; the other is the purpose. Does the Minister intend to bring forward a purpose or aim clause which will specify what the Bill is to achieve in the context of government policy on emissions and other legislation? Will an annual report from the department include information about the Green Deal, such as how many homes have had Green Deal measures installed and what the emissions savings have been? If so, he has gone a long way to meet our concerns. If he is saying that those measures will be brought back either at Third Reading here or in the Commons, I will happily withdraw the amendment, but some clarification would be helpful.
Lord Marland
Forgive me; I thought that I was quite clear on the subject. The department’s annual energy statement will provide details of the progress of the Green Deal and ECOs, which will answer the noble Baroness’s question. Obviously, in providing information about the Green Deal, it will provide information on the amount of activity that we are able to create with it. We are committed to that.
As for the aims, I state clearly that we will look at them, refine them and come back with proposals in the other place, if we can in the timescale available for further debate. It should be very encouraging for the noble Baroness that that will carry on through the passage of the Bill.
Baroness Smith of Basildon
I think that the noble Lord realises the effort it takes me to get my feet, but I will continue to do so throughout the evening. I am very grateful for that explanation; on that basis I am happy to withdraw the amendment.
Earl Cathcart
My Lords, I should like to speak to Amendment 6, tabled by the noble Lord, Lord Whitty, which deals with making,
“specific provision for the green deal to address situations of fuel poverty”.
With this in mind, will householders in fuel poverty be able to afford the cost of the assessor? I believe that this cost, which might be £80, £100 or £120—I do not know—could be a barrier to the take-up of the Green Deal. £100 may be the entire weekly income of some householders in poverty, so rather than spend £100 on the assessor, they will choose to buy food or whatever. I suggested in Committee that this cost could be rolled up into the Green Deal so that no one has any up-front costs. The Minister’s response then was:
“As for rolling up the costs of the assessor, we would not encourage that, but there may be a framework in which it could happen. We will need to look into that further”.—[Official Report, 19/1/11; col. GC69.]
I wonder whether my noble friend has been able to look into it further and whether he can give me any comfort on the matter.
Lord Marland
I thank noble Lords for their contributions. The noble Lord, Lord Whitty, has made a valuable point in asking whether the Bill should state “must” or “shall”—shall we or shan’t we?—so there are many imponderables. I am also grateful for the contributions made by my noble friends Lord Deben and Lord Jenkin of Roding, both of whom speak with great authority on these subjects.
The most important thing is that, as we take this Bill through its meandering course, we have the flexibility and the opportunity, as Ministers, to consult industry and all bodies that have an idea on this, and eventually to tighten the code of practice. At this point, however, it would not be appropriate for us unilaterally to change these words, which currently give the Government flexibility. I am heartened by and grateful for the words of the noble Lord, Lord Deben, that for the authority of Ministers it is imperative to have that flexibility. In the spirit in which we have conducted this Bill, I am happy to consider Amendment 3 in principle, as it is very important that the Secretary of State establishes a scheme through regulation. In considering the matter, it is rather important that we remove any doubts about the issue. That is why we are prepared to consider this amendment, but as the noble Lord, Lord Whitty, would suggest, we need flexibility in the other areas as we continue to go forward.
As to the cost of assessors, further consultation has taken place with industry. We strongly believe, as I said in Committee, that many of the suppliers will pay for the assessment, because it is to their benefit. Typically, I would imagine, if one went to B&Q, as one does when buying a home, one might be provided with a list of approved assessors and an assessor would then go in and make the assessment, which would be paid for by the provider. Our research with industry and with the potential providers suggests that that will, we hope, answer the important question of my noble friend Lord Cathcart.
In the spirit of what I have just said, I hope that my comments on these amendments find favour, and that the amendment will be withdrawn.
Lord Davies of Oldham
My Lords, I am grateful for the tone which the Minister has taken, as he did throughout the Committee stage, indicating that he will further consider our proposals. He will forgive me if I indicate that “considering” is not quite a promise of change, and he has had one further look at it as a result of our deliberations in Committee. I want to pay due credit for that deliberation.
I think that the noble Lord has an amendment on the code of conduct in the next group that would greatly strengthen his case and his position, and if he had prayed that in aid in relation to why “may” should remain rather than be replaced with “must”, I would certainly have been floored. Possibly, however, he wants to make the case for the next group of amendments in his own good time, and I recognise that. What I am indicating is that it is an indication of the Government’s approach to these issues. Our approach is as one. The reason why we are concerned to have concepts like “must” in the Bill, at certain crucial structural points, is obvious. I accept entirely my noble friend Lord Whitty’s point about an additional feature that should be taken into consideration, to which he would not necessarily want to attribute the concept of obligation.
On the structural issue, the reason why we think an obligation should be present is simply that we have got to communicate a message to many of our citizens who, as the noble Lord, Lord Deben, indicated, comprise an enormous variety. The enormous numbers of people in the nation who have to respond to this legislation, hopefully in a constructive way, are such that the legislation needs to be as clear as possible, so that the message that is sent out is sufficiently clear to be readily understood.
As I indicated, because of the Minister’s response to these amendments and even more in his actions with regard to future intentions—I refer to the next group of amendments, which are government amendments that are constructively expressed—I am happy to withdraw my amendment at this stage.
Lord Marland
Lord Marland
My Lords, as the noble Lord, Lord Davies of Oldham, has telegraphed, this group of amendments respond to the excellent comments made by my noble friend Lady Noakes—such is the harmony that flows between the parties at the moment I was going to say his noble friend Lady Noakes—and my noble friend Lord Jenkin of Roding. The Delegated Powers Committee also prompted a number of these amendments. I hope they are self-explanatory and respond wholeheartedly to suggestions by my noble friend Lord Jenkin of Roding, to whom we are, as always, extremely grateful. I hope that the amendments satisfy his requirements and those of the Delegated Powers Committee. I beg to move.
Lord Jenkin of Roding
My Lords, I am indeed entirely satisfied with this group of amendments. This gives me an opportunity to say that the Government tabled no fewer than 145 amendments to the Bill. I assure the noble Lord that I did not have to count them. He was kind enough to send them to those of us who are active on the Bill numbered one to 145. It was a little difficult sometimes to match them up with the numbers of the amendments that finally appeared officially on the list.
Lord Jenkin of Roding
Of course. I am not blaming my noble friend for that in the least. On the contrary, I found it all extremely helpful, accompanied as they were with helpful notes to explain the amendments. He has met our case splendidly with this group.
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 Marland
“( ) In this Chapter references to a code of practice include references to a code of practice which has been revised by virtue of subsection (3)(d).”
Lord Marland
My Lords, as always, there have been some valuable contributions for which I am extremely grateful. To deal first with the amendments tabled by the noble Baroness, Lady Smith of Basildon, it is clearly fundamental that there is transparency and independence, that the reputation of assessors is impeccable, and that we avoid the cowboy culture that could exist, and in certain parts of industry has existed, in the assessment work. That is fundamental to the confidence that consumers must have in the Green Deal. Therefore, we will set out in secondary legislation more detail of the standardised methodology, which will protect the consumer from the cowboy culture and any further abuse.
I thank the noble Lord, Lord Berkeley, whose thoughts on energy efficiency are extremely well known. We are extremely sympathetic to them. Unless we educate people to use less electricity, we will end up using more, and the quickest way to reduce consumption is by using less energy. A lot of the work that we are doing on smart meters in homes will give people an everyday assessment of what electricity they use in their homes. At times, they will find it quite frightening, as I do with my children, whom I have referenced before, when I point to the excellent device we have that is also extremely frightening. The noble Lord, and the noble Baroness, Lady Maddock, rightly referred to the work that ACE has done, which we applaud and listen to in detail. It is fundamental that we develop a pattern of education so that energy use is reduced.
We can readily identify that with the levers that we have available. In October of this year, we will produce our fourth carbon budget report, which will provide evidence of the cost-effectiveness of economy-wide packages under consideration. That report will continue. The costs and benefits to society of particular technologies are assessed through extensive consultation within industry, so a lot of information is provided to us from industry groups. In addition, we provide publications on carbon budgets, energy market reform, feed-in tariffs, CERTs and green deals, so a huge amount of information is provided, which helps us readily to assess the extent to which carbon production and energy use are being reduced.
Baroness Smith of Basildon
I am grateful to the Minister, who has sought to be very co-operative and helpful in his comments. However, two things stand out for me. One is that he is right that there is a great deal of information out there for the consumer. In fact, there is so much that it is totally confusing for most people. The simple cost-benefit assessment that is referred to in the amendment tabled by the noble Lord, Lord Berkeley, would not only help the Government in developing policy but would be helpful to the consumer. Having information readily available is something that we all require.
The Minister welcomed both our amendments, but he did not pick up on one point. If he is able to assure me that he will come back on it later, it would be helpful. The issue relates to information being provided to the improver and the bill payer about the relationship between the assessor and the installer. That is necessary for transparency and openness. If that relationship is open, there can be no suggestion that there is anything underhand or against the interests of the consumer. If there is a doubt in the consumer’s mind, people will not have confidence in the Green Deal. I can see the noble Lord nodding at me, which is always a welcome sign, so I hope that he will look at these issues—he is now making extremely strange faces; I preferred the nod—and addresses these issues to take that point into account. Openness about that relationship is crucial.
On the basis of what he said, and on the basis that he will look again at the matter on which he nodded to me, I beg leave to withdraw the amendment.
Lord Marland
Lord Marland
My Lords, Amendment 21 is in an extensive group of amendments that relate to the energy performance certificate. As I have said on a number of occasions, we are extensively reviewing the energy performance certificate to ensure that it is fit for purpose for the Green Deal and that there is no confusion between the certificate’s relationship with buying and selling a home and achieving energy performance under the Green Deal.
As currently drafted, the Bill would apply the energy performance of buildings regulations, with modifications, where a Green Deal plan is present. This would enable Green Deal information to be added to an EPC and kept up-to-date. In this way, we will be able to monitor the progress referred to earlier by other noble Lords and thereby measure the success of the Green Deal’s energy-saving benefits.
Amendments 58, 170, 172 and 174 make consequential amendments relating to parliamentary procedure, extent and commencement. I hope that noble Lords will recognise that these are effective and transparent ways of fulfilling our criteria for disclosure in the Green Deal. I beg to move.
Baroness Smith of Basildon
When we were discussing the number of government amendments earlier, the noble Lord, Lord Jenkin of Roding, made an appropriate comment about how we are all grateful to the Minister for tabling the amendments early. To have early sight of them was indeed helpful as, in the true spirit of the complications of energy legislation, it is sometimes difficult to trace them back and follow them through—that is more of a problem with the following group of amendments—although I am sure that all noble Lord have been able to do so.
The noble Lord has taken on board comments that we made throughout Committee stage about monitoring and having information and transparency. With this group of amendments the Minister has responded to issues raised by the Committee and I am grateful to him for doing so.
Lord Marland
“( ) The reference in this section to securing that a document is updated includes a reference to securing that a document is replaced by a document of the same description.”
Lord Marland
Lord Marland
Lord Marland
Lord Marland
“Acknowledgment of green deal plan in connection with other transactions etc
(1) This section applies where—
(a) there is to be a transaction or other arrangement in respect of a green deal property (not falling within section 13(1)), and(b) the transaction or arrangement is of a description specified in regulations made under this subsection by the Secretary of State.(2) Regulations under subsection (1) may require a person of a description specified in the regulations to secure, at a time and in a document so specified, that an acknowledgment is made by a person of a description so specified that—
(a) the bill payer at the property is liable to make payments under the green deal plan, and(b) certain terms of that plan are binding on the bill payer.(3) Where the green deal property is in England or Wales, regulations made by the Secretary of State under this subsection may provide for any acknowledgment required by virtue of subsection (2) to be in the form prescribed in the regulations under this subsection.
(4) Where the green deal property is in Scotland, regulations made by the Scottish Ministers under this subsection may provide for any acknowledgment required by virtue of subsection (2) to be in the form prescribed in the regulations under this subsection.
(5) In this section references to a green deal property are to be read in accordance with section 12(5)(b).”
Lord Marland
Lord Davies of Oldham
My Lords, while it is for the Minister to respond to the eloquent identification of the issue by the noble Lord, Lord Jenkin, in his concluding remarks the noble Lord identified a dimension of that issue for which I do not think I have seen the answer in any of his earlier speeches on it—that is, as he says, that someone has to pay. I imagine that if this paragraph is taken out of the Bill, the question of who has to pay will have deleterious consequences for the success of the whole concept behind the Bill, but I imagine it is for the Minister to identify those issues.
Lord Marland
I am grateful to the noble Lord, Lord Davies, for helpfully answering this question for me because it is absolutely fundamental that if we withdraw the liability from one party, we have to establish where it is going to fall. No one knows more about the industry than my noble friend Lord Jenkin of Roding. He is very close to it indeed and, as he said, this is a complex accounting issue on companies’ balance sheets. These implications need to be looked at carefully and that needs to be done in consultation with businesses. I refer to what the noble Lord, Lord Davies, said earlier: if we withdraw from one, we have to work out who is going to pick up the bill at the end.
I make a strong commitment to my noble friend Lord Jenkin of Roding—he knows that when I make these commitments, I mean them—that we will be liaising with the energy suppliers and the finance providers over the next few months as we put together the important financing of the Green Deal which, as we all know, we have not as yet structured. It will, however, be an important structure and through that we will develop a policy and provide absolute clarity on this issue for, we hope, all parties. It is fundamental that all parties go into this Green Deal approach unified and clear of their position and, indeed, that the customer is clear of his recourse in that position. That is a commitment that the Government will make to this process and I hope that the noble Lord will be satisfied to withdraw his amendment.
Lord Jenkin of Roding
My Lords, in reply to the noble Lord, Lord Davies of Oldham, I say that if the supply companies are not going to be made liable then it will of course be the providers. They put up the money and if there is a default then, like any lender, they have to bear its cost. The risk of default could mean a marginal increase in the rate of interest that they would have to charge in order to cover that risk. They do not face the same problem as the supply companies, which have the problem of having the whole thing landed on their balance sheets. As I have said, that could amount to billions of pounds.
I am extremely grateful to my noble friend for his promise to consider this. He has of course been as good as his word on so many of the other undertakings that he has given. While he will be discussing this with the industry and with the providers, I simply find it difficult to believe that it could be right in the present circumstances to leave the whole of the debt outstanding, in the case of a default, on the balance sheet of the supply companies. I want to make my own views on that clear. Having said that, my noble friend has made a fair offer and I beg leave to withdraw the amendment.
Lord Marland
Lord Marland
My Lords, these are further government amendments. I have written to noble Lords who have been interested during Committee and our various debates about these amendments. Again, I apologise for their exhaustive extent but all noble Lords are, I think, in agreement that this variety of amendments improves the Bill and that we have taken on board the excellent work that various noble Lords have done in Committee.
These amendments make small technical changes to Clauses 20 and 92, and a consequential amendment to Clause 73. Amendment 48 makes a small amendment to Sections 33(1) and 81(2) of the Utilities Act 2000, if your Lordships are still following me, and would insert into those sections a reference to the modifications made under Clauses 15 to 18 of the Bill. Section 33 of the Utilities Act lists the provisions which form the standard conditions of electricity licences and Section 81 of that Act lists the provisions which form the standard conditions of gas licences. Amendment 163 makes this amendment to Section 33(1) of the Utilities Act in respect of modifications made under Clause 92 of the Bill.
Amendment 49 provides that the,
“principal objective and general duties”,
as set out in Sections 4AA to 4B of the Gas Act 1986 and Sections 3A to 3D of the Electricity Act 1989 apply in respect of the Secretary of State’s exercise of the licence modification powers contained in Clauses 15 to 18, as they would apply in relation to functions of the Secretary of State under Part I of the 1986 and 1989 Acts. Amendment 164 does the same thing in relation to Clause 92, while Amendment 165 is made in consequence of Amendment 164. I am already looking forward to the response by the opposition Benches to these excellent amendments, which I hope will be supported.
Lord Marland
“(7) In section 33(1) of the Utilities Act 2000 (standard conditions of electricity licences)—
(a) after paragraph (d) omit “or”;(b) after paragraph (e) insert “or(f) under Chapter 1 of Part 1 of the Energy Act 2011.”(8) In section 81(2) of the Utilities Act 2000 (standard conditions of gas licences)—
(a) for “2008 or” substitute “2008,”;(b) after “2010” insert “or under Chapter 1 of Part 1 of the Energy Act 2011”.”
Lord Marland
Lord Marland
My Lords, this is a valuable amendment. It is clear that we have to have a course of action if things do not go correctly. At this point in the process, though, it is fundamental that we work out what the sanctions are before we establish the process. Because at this point we have not established the sanctions, we cannot yet establish the process. It will take us some time to work this through; noble Lords in the Opposition know that we are at an embryonic stage with this. It is fundamental and we are committed to making sure that there is a right of recourse and there are sanctions. As the Bill progresses and we get into secondary legislation, I know that the picture will be much clearer, and I agree that that is important. I hope that that answer gives noble Lords confidence that we acknowledge where they are coming from and that we are taking steps to deal with it, and I hope that the noble Lord feels able to withdraw his amendment.
Lord Grantchester
I am grateful to the Minister for his recognition and acknowledgment that this is an important area that still has to be filled in with greater clarity. We know that there are many opportunities yet for the Bill to be so amended, and even for part of it to come forward in the regulations. On that basis, I beg leave to withdraw the amendment.
Lord Marland
“Parliamentary procedure in relation to code of practice
(1) This section makes further provision in relation to the issuing of any code of practice for the purposes of the scheme established by the framework regulations.
(2) Before the code is issued the Secretary of State must lay a draft of the code before Parliament.
(3) If, within the 40-day period, either House of Parliament resolves not to approve the draft, the code may not be issued.
(4) If no such resolution is made within that period, the code may be issued.
(5) The “40-day period”, in relation to a draft of a code, means the period of 40 days beginning with the day on which the draft is laid before Parliament (or, if it is not laid before each House of Parliament on the same day, the later of the 2 days on which it is laid).
(6) For the purposes of calculating the 40-day period, no account is to be taken of any period during which—
(a) Parliament is dissolved or prorogued, or(b) both Houses are adjourned for more than 4 days.”
Lord Marland
Lord Teverson
My Lords, I do not think that the amendment is appropriate to go into the Bill. That said, everything that the noble Lord, Lord Davies, has said is right; this is a really important opportunity to upskill and to find ways to create important apprenticeships in a growing, expanding and increasingly important sector of the economy. One of the things that the Bill does is to open up a lot of employment opportunities in that sector. I agree that there is a challenge; in some ways this area could become almost a deskilled tick-box process that did not require a great deal of skill. That would be wrong in terms of both employment and the long-term viability and credibility of the scheme. I hope that it will be an area where the Government encourage apprenticeships with a good standard of learning. This programme is particularly good at stimulating such apprenticeships as it is long term. The Green Deal will last for a number of years and there will be time to train people properly. That is one of the reasons why we are not jumping up and down and saying that all this needs to start tomorrow.
We accept the Government’s timetable for implementing the programme. It has to be drawn up in the right way not just in terms of formulating codes of practice, its administration and the way it works but in order to ensure that we have a sufficient number of people with appropriate skills in the marketplace to enable the programme to be delivered effectively. Therefore, although I agree absolutely with the spirit of the amendment, I do not think that it is necessary to include it in the Bill. However, I hope that the Minister will agree that apprenticeships will be an important part of the scheme.
Lord Marland
I am extremely grateful that this amendment has been put forward as it goes to the very heart of how we are going to develop as a nation over a rocky period—the noble Lord, Lord Davies of Oldham, and my noble friend Lord Teverson mentioned this—when growth, enterprise and opportunity will be fundamental to restoring the country’s financial viability. That is why the Government have committed to spending £250 million on apprenticeships over the spending review period. Some 75,000 apprentices will be created between now and 2014-15, leading to more than 200,000 people starting an apprenticeship each year. This is a fundamental commitment which I am sure the whole House applauds as very good news.
I was hoping to make an announcement on apprenticeships and the Green Deal. However, as noble Lords will understand, I am a very junior Minister and more senior Ministers will want the glory of making that great announcement, which, in fairness, would be more appropriately made next week in Green Growth Week. On a serious note, I hope that that announcement is satisfactory news for all concerned, particularly those on the opposition Benches who have tabled this amendment, as it will demonstrate our commitment to Green Growth apprentices and the Green Deal. As I said, I fully concur with the two noble Lords who have spoken on this subject. On that basis, I hope that the noble Lord will withdraw the amendment.
Lord Davies of Oldham
My Lords, I am grateful to both noble Lords who have contributed to the debate. I extend my sympathy to the Minister for the fact that he is not able to make these great announcements. However, we welcome any advance that the Government make in this very important area.
I thought that I had achieved enough leverage to get this amendment included in the Bill. I realised that the Minister might take a little persuading but I had strong hopes that I could appeal to other sections of the coalition. Nevertheless, when the noble Lord, Lord Teverson, complimented me on my remarks but said that he did not support the amendment, my heart sank. However, I beg leave to withdraw the amendment.