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Planning and Energy Bill

I think it was a slip. We all like to dot the i's and cross the t's, and if we provide clarity, lawyers are used less to try to interpret legislation. I know that the hon. Gentleman is in favour of plain English. If we can clarify things on their return from the other place, it is only right to do so. The intention was to refer to regulation-making powers in other legislation, but that was overlooked in the final drafting of the clause. Appropriate regulation-making powers already exist in other legislation and there was no need for the hon. Member for Sevenoaks to introduce new powers. That would have been unnecessary duplication. The intention was for local authorities, in setting energy efficiency standards, to choose only those standards that have been set out or referred to in regulations made by the Secretary of State, or which are set out or endorsed in national policies or guidance issued by the Secretary of State. That approach was taken with a view to avoiding the fragmentation of building standards, which could lead to different standards applying in different areas of the country. Although supportive of the hon. Gentleman's Bill, that was not an outcome that we wanted to achieve. After consulting the hon. Gentleman and writing to the Chairman of the Delegated Powers and Regulatory Reform Committee in the other place, my noble Friend Baroness Andrews aimed to clarify the intentions behind the reference to regulation-making powers. Her memorandum said:"““The Committee Clerk has advised that Clause 1(2)(a) creates a delegated power to make regulations but because of the way it plays with Clause 1(1)(c) and 1(3)(a) does not do so correctly. Our intention here was not to create a new power but to refer to regulation-making powers contained in other legislation. The drafting of the reference is unfortunately not clear enough, and we intend to explain at Lords Second Reading how we will put this right. We will ensure that an amendment which addresses your Committee's concerns is laid for consideration at the Bill's Committee stage.""We have discussed with Parliamentary Counsel, and although we do not yet have final drafting for the amendment, we expect that it will involve the insertion of the words 'by or under any other enactment' or similar, after 'regulations made by the appropriate national authority'. We will write to you again when we have the final draft.””" My noble Friend subsequently wrote to the Committee enclosing a draft of the appropriate amendment. That successfully dealt with the concerns of the Delegated Powers and Regulatory Reform Committee in the other place, and the amendment was subsequently laid in the other place. The amendment the Government tabled, which we are discussing today, inserts in clause 1(2)(a) the words"““under or by virtue of any other enactment (including an enactment passed after the day on which this Act is passed)””." That, in our view, clarified the fact that the intention was to refer to regulation-making powers contained in other legislation. I am pleased to report that the amendment was accepted by the other place. As you may be aware, Madam Deputy Speaker, the Delegated Powers and Regulatory Reform Committee in the other place performs a very important role. The Committee is appointed by the other place each Session, with the orders of reference"““to report whether the provisions of any Bill inappropriately delegate legislative power, or whether they subject the exercise of legislative power to an inappropriate level of parliamentary scrutiny””." It is fortunate that the Committee exists and ensures that the legislation we produce is workable and does not contain the kind of error that has led to the debate today.