---

Energy Bill

I was interested in the opening comment that the hon. Member for Wealden (Charles Hendry) made about the vote moving his way. I look at the assembled ranks behind him and wonder whether that would continue—mind you, Mr. Deputy Speaker, I look at the similarly empty Benches behind me and wonder what our majority would be. I join the hon. Gentleman in praising the work of Dr. Tim Stone and welcome the establishment of the office of nuclear development, which was set up by my predecessor, my right hon. Friend the Member for Croydon, North (Malcolm Wicks), who was with us earlier, and our predecessors in the Department for Business, Enterprise and Regulatory Reform, including the then Secretary of State. Let me deal with the points that have been raised. On the target of two years plus 10 years, we are undertaking a massive project and we need the time to do it properly. New build provides us with the opportunity to make sensible provisions early on. We would like to consult the building industry on how quickly we can introduce the scheme, but it makes sense that new buildings should have the new smart meters as soon as possible. The hon. Member for Cheltenham (Martin Horwood) raised a couple of issues, including one about clause 57 and the need for materiality before a prosecution is undertaken. If somebody knowingly or recklessly gave information that was utterly immaterial to the decommissioning process, it would be a bit onerous for us even to give them a small fine. People do things frivolously, and that can be taken as reckless; therefore, we need some element of materiality in a criminal prosecution. That is why we have decided to accept the proposal made in the other place that there would need to be some issue about the release that was deserving of prosecution. The hon. Gentleman also asked about the public becoming responsible for decommissioning. I remind him that nuclear power was initially public, which meant that there was an obvious public liability in relation to decommissioning. However, in respect of the introduction of nuclear power in the future, we have said that we are putting in place robust mechanisms to ensure that the taxpayer is protected, through ensuring that the operator securely pays sufficient funds to cover the costs of decommissioning and waste management. We have no intention of subsidising new nuclear, and that will include the costs of constructing the stations. Keeping the costs of construction under control is a matter for energy companies, not the Government. The strength of the regime lies in the wide range of powers that we have taken. They include the power for the Secretary of State to modify a programme, issue a direction, request information, undertake reviews and, if appropriate, bring criminal proceedings to ensure compliance. The power to place bodies corporate associated with the operator under certain obligations—for example, if the Secretary of State considers that there is a risk to taxpayer protection—adds further strength to that regime. The regime is fairly robust and will ensure that we can protect the taxpayer. Having responded to those points, I hope that the House will be able to support the amendment. Lords amendment agreed to. Lords amendments Nos. 47 to 53 agreed to.