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Energy Bill

I shall speak also to the other eight amendments in this group. I acknowledge the consensual way in which agreement has been reached between the various parties concerned on the way forward for the Bill. I thank the noble Lord, Lord Jenkin, for withdrawing his amendments; it is much appreciated. In its eighth report in this parliamentary Session, the Delegated Powers and Regulatory Reform Committee recommended several changes be made to the Energy Bill. It highlighted two areas in Part 2 where the level of parliamentary scrutiny could be increased: Clause 10(6) in relation to the power to disapply or apply with modification any requirement of a scheme to reduce fuel poverty; and Clause 15(2) in relation to changes to the fuel poverty definition. Amendments 1 to 8 address these areas. The committee expressed concern about the breadth of the powers in Clause 10(6), which allow the Secretary of State to disapply or modify any requirement of a scheme. In response to this, Amendments 1 and 2 will constrain the circumstances under which this power may be used. This is done by requiring the circumstances in which the Secretary of State can use the power in Clause 10(6) to be detailed in the scheme regulations made under Clause 9. Regulations made under Clause 9 are subject to the affirmative procedure. Through Amendment 3, the Secretary of State would also be required to inform Parliament of any changes made under the power in Clause 10(6). This will be done by laying a memorandum before Parliament detailing any such modifications. The committee also recommended that any regulations that seek to redefine or determine the scope of fuel poverty or its extent for the purposes of the Bill should be subject to the affirmative procedure. In order to meet this recommendation, we propose several amendments. First, where the existing Bill points back to the definition of fuel poverty in the Warm Homes and Energy Conservation Act 2000, Amendments 5 and 6 propose replicating the definition in that Act in this Energy Bill. Amendments 7 and 8 then make any regulations that seek to change the definition of fuel poverty or its extent in this part of the Bill subject to the affirmative procedure, as recommended by the committee. Amendment 4 ensures that any change to the definition of fuel poverty or its extent are subject to consultation in the same way that the schemes for reducing fuel poverty are subject to consultation. The committee also recommended a change to Part 4 of the Bill, which covers general provisions. Amendment 9 is tabled to remove the discretion contained within Clause 31(4) that the Secretary of State has in certain cases to choose the parliamentary procedure to which a statutory instrument is subject. We now consider that we no longer require this discretion and therefore we are happy to accept the committee’s recommendation in full. We have accepted and taken action on all the recommendations made by the committee. The amendments are a valuable addition to the Bill. They increase the level of parliamentary scrutiny and I hope that the House will support them. I beg to move.