Debate on bill and Committee proceeding on Wednesday, 19 January 2011, in the House of Lords.
Energy Bill [HL]
Energy Bill (HL). Lords committee stage (second day). Amendments and new clauses considered. Clauses 4-32 agreed. Grand Committee held in the Moses room.
Secondary information
- Type
- Parliamentary proceeding
- Reference
- 724 c61-114GC
- Session
- 2010-12
- Department
- Department of Energy and Climate Change
- Committee of the Whole House (HL)
- Legislative stage
- Committee stage
- Procedure
- New clauses
- Chamber / Committee
- House of Lords Grand Committee
- Related items
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Energy Bill (HL). Explanatory notes also published (HL Bill 33-EN).
Wednesday, 8 December 2010
Bills
House of Lords
- Proceeding contributions
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Lord Marland | 724 c103GC (Link to this contribution) The noble Lord asks a very good question, which I will seek to clarify. This clause gives the Secret...
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Lord O'Neill of Clackmannan | 724 c100GC (Link to this contribution) My Lords, will the noble Lord bear in mind that these same electricity and gas companies have the po...
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Lord Grantchester | 724 c98-9GC (Link to this contribution) Amendment 16E concerns prepayment meters. We wish to highlight the fact that there should be transpa...
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Lord Davies of Oldham | 724 c90GC (Link to this contribution) My Lords, the amendment seeks to clarify some important aspects of the clause and identifies just wh...
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Lord Moynihan | 724 c72GC (Link to this contribution) My noble friend is speaking with characteristic eloquence and expertise on this subject, but I wonde...
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Lord Jenkin of Roding | 724 c68GC (Link to this contribution) Another difficulty, which I referred to in our previous sitting, is that the householder faces a cho...
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Baroness Harris of Richmond | 724 c61GC (Link to this contribution) My Lords, if there is a Division in the Chamber while we are sitting, the Committee will adjourn as ...
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Lord Davies of Oldham | 724 c61GC (Link to this contribution) 10A: Clause 4, page 5, line 22, at beginning insert— ““( ) An assessment made and provided under thi...
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Lord Jenkin of Roding | 724 c62GC (Link to this contribution) I had hoped that the noble Lord would have given some indication of the range of improvements and be...
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Lord Davies of Oldham | 724 c61-2GC (Link to this contribution) My Lords, I apologise to the Committee for my late arrival. The Chair will have saved me by indicati...
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Earl Cathcart | 724 c65GC (Link to this contribution) My Lords, this is the first time that I have spoken in Committee, so I should declare that I am a la...
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Lord Whitty | 724 c64-5GC (Link to this contribution) Prompted by the noble Lord, Lord Teverson, I rise to speak to the amendment in my name. Amendment 11...
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Lord Oxburgh | 724 c65GC (Link to this contribution) My Lords, in view of the concern that some noble Lords have expressed over the difficulty of achievi...
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Lord Moynihan | 724 c63-4GC (Link to this contribution) My Lords, as one who enjoyed spending Monday night in your Lordships’ House reading through every cl...
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Lord Teverson | 724 c64GC (Link to this contribution) My Lords, although I do not entirely agree with this amendment, or the way in which it is written, I...
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Lord Dixon-Smith | 724 c62GC (Link to this contribution) Following a slightly similar line of thought, but not exactly the same one, I think that, if you are...
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Lord O'Neill of Clackmannan | 724 c62-3GC (Link to this contribution) The attraction of this amendment is that it affords flexibility. A range of options will be availabl...
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Baroness Northover | 724 c111GC (Link to this contribution) Perhaps I may reassure the noble Lord that what is being sought here is a balance between bringing p...
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Lord Teverson | 724 c111GC (Link to this contribution) Clearly, one of the points where someone might want to repay is when there is a transfer of the debt...
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Baroness Northover | 724 c109-10GC (Link to this contribution) My Lords, Clause 30 allows regulations to be made that set out when and how a bill payer’s liability...
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Lord Whitty | 724 c110-1GC (Link to this contribution) My Lords, I understand and accept part of that argument. These regulations are going to be subject t...
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Lord Whitty | 724 c108-9GC (Link to this contribution) I return now to the issue of fees and how they are referred to in a rather different context. Both t...
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Lord Grantchester | 724 c109GC (Link to this contribution) I support my noble friend in his Amendment 18 and his proposal regarding early repayment penalties u...
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Baroness Parminter | 724 c108GC (Link to this contribution) I thank my noble friend for that very positive and reassuring reply, in terms of understanding both ...
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Lord Whitty | 724 c108GC (Link to this contribution) 18: Clause 30, page 19, line 32, leave out paragraph (a)
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Lord Whitty | 724 c111GC (Link to this contribution) In view of the hour and the fact that we will be returning to this, I beg to withdraw. Amendment 18...
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Baroness Northover | 724 c111GC (Link to this contribution) I may need to come back to noble Lords on that but, as I understand it, if people choose to repay ea...
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Lord Grantchester | 724 c111-2GC (Link to this contribution) Amendment 19A draws attention to the lack of detail in this clause in respect of appeals. While we a...
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Lord Marland | 724 c112GC (Link to this contribution) I thank the noble Lord for his suggested amendment to Clause 31. This clause requires the Government...
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Lord Grantchester | 724 c112GC (Link to this contribution) I thank the Minister for his reply but, with respect, he has not addressed my point. We do not feel ...
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Lord Marland | 724 c112GC (Link to this contribution) We have consulted the Ministry of Justice. We would not get to this point without having done so.
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Lord Grantchester | 724 c113GC (Link to this contribution) I thank the Minister for clarifying that. In his answer he referred to subsection (5), which is that...
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Lord Marland | 724 c113GC (Link to this contribution) There is no greater authority on these things than the Secretary of State. He is responsible for del...
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Lord Grantchester | 724 c113GC (Link to this contribution) I thank the Minister for his consideration. He no doubt understands that we take this matter extreme...
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Lord Whitty | 724 c113GC (Link to this contribution) 20: Clause 31, page 20, line 22, leave out ““(including any fee which may be payable)””
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Lord Grantchester | 724 c111GC (Link to this contribution) 19A: Clause 31, page 20, line 17, leave out subsection (3)
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Lord Whitty | 724 c114GC (Link to this contribution) My Lords, since I packed my bag before we gave up, I will be brief. This group of amendments relates...
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Lord Marland | 724 c114GC (Link to this contribution) My Lords, at this point in the proceedings the noble Lord’s views on fees are well known, and he has...
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Lord Whitty | 724 c114GC (Link to this contribution) My Lords, on that basis, I withdraw the amendment. Amendment 20 withdrawn. Clause 31 agreed. Clau...
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Lord Davies of Oldham | 724 c104-5GC (Link to this contribution) My Lords, the Committee is grateful to the noble Baroness for her amendment. She will see that we ag...
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Baroness Parminter | 724 c104GC (Link to this contribution) This amendment provides for reporting on meeting our carbon reduction targets—an issue I raised at S...
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Baroness Parminter | 724 c103-4GC (Link to this contribution) 17: Before Clause 30, insert the following new Clause— ““Annual report (1) The Secretary of State mu...
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Lord Grantchester | 724 c103GC (Link to this contribution) I thank the Minister for his reply, and it could well be that I am wide of the mark. He has explaine...
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Baroness Northover | 724 c107-8GC (Link to this contribution) My Lords, we fully support the underlying principles of these amendments, which are all about ensuri...
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Baroness Maddock | 724 c107GC (Link to this contribution) My Lords, I suggest that, if we were not repealing the Home Energy Conservation Act, it is precisely...
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Lord O'Neill of Clackmannan | 724 c106-7GC (Link to this contribution) I support the amendment. We have had repeated statements from the Minister to the effect that, in ma...
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Baroness Maddock | 724 c105-6GC (Link to this contribution) An amendment of mine is in this group. I support what has been said about the importance of looking ...
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Lord Grantchester | 724 c102-3GC (Link to this contribution) My Lords, now we are in stand part discussions again, I draw to noble Lords’ attention some thoughts...
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Lord Jenkin of Roding | 724 c100GC (Link to this contribution) The noble Lord is perfectly entitled to make his point, but it does not refer to the point I was mak...
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Lord Whitty | 724 c100-1GC (Link to this contribution) My Lords, I am not sure of the relevance of this argument to the actual clause before us. The issue ...
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Lord Marland | 724 c101-2GC (Link to this contribution) There are two extremely valuable points here. If I may, I should like to defer the discussion on sma...
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Lord Jenkin of Roding | 724 c98GC (Link to this contribution) I was speaking on the Question whether the clause should stand part. Clause 16 agreed. Clauses 17 ...
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Lord Grantchester | 724 c98GC (Link to this contribution) 16E: Before Clause 21, insert the following new Clause— ““Additional green deal payments: gas and el...
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Lord Jenkin of Roding | 724 c99GC (Link to this contribution) I discussed the whole question of consumers with prepayment meters at some length with the body repr...
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Lord Grantchester | 724 c102GC (Link to this contribution) I thank the Minister for his reply. I also thank all noble Lords who have spoken for their contribut...
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Baroness Gould of Potternewton | 724 c98GC (Link to this contribution) Was the noble Lord speaking to the amendment or to the clause?
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Lord Marland | 724 c97GC (Link to this contribution) Is the noble Lord looking for clarification on the domestic or the nondomestic sector?
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Lord Davies of Oldham | 724 c97GC (Link to this contribution) This is a power that stretches across the board, so I want reassurance in both instances. The noble ...
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Lord Marland | 724 c97GC (Link to this contribution) I am grateful to the noble Lord for pressing me on this. There is a practice in place in the non-dom...
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Lord Davies of Oldham | 724 c97GC (Link to this contribution) I am grateful to the noble Lord; I would like a note from him on this point, because we have real an...
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Lord Marland | 724 c96-7GC (Link to this contribution) My Lords, Clause 16 permits the Secretary of State to modify gas and electricity supply licences to ...
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Lord Davies of Oldham | 724 c97GC (Link to this contribution) My Lords, I am largely satisfied with that reply. Can the Minister clarify one issue? When he talks ...
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Baroness Gould of Potternewton | 724 c95GC (Link to this contribution) I should announce that there is an error in the wording on the Marshalled List. It should say ““Page...
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Lord Davies of Oldham | 724 c95-6GC (Link to this contribution) I am grateful for the clarification on the terms of this amendment. The purpose of the amendment is ...
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Lord Jenkin of Roding | 724 c97-8GC (Link to this contribution) I raise a point on this, because it is relevant to a question that I asked on Second Reading. If the...
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Lord Marland | 724 c98GC (Link to this contribution) We will develop this theme as the Bill goes through. Of course, in the first instance, it is the con...
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Lord Grantchester | 724 c93GC (Link to this contribution) I thank the Minister—that is most helpful. It has opened up the possibility of a dialogue so that we...
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Lord Grantchester | 724 c93GC (Link to this contribution) Perhaps I may ask the indulgence of the Committee yet again, rather than introduce a specific amendm...
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Baroness Northover | 724 c93GC (Link to this contribution) I thank the noble Lord for raising that. This relates specifically to a Green Deal plan. I am sure t...
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Lord Grantchester | 724 c94GC (Link to this contribution) I am grateful to the noble Baroness for clarification. It may be in our dialogue outside when we exp...
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Lord Davies of Oldham | 724 c94GC (Link to this contribution) 16BA: Clause 14, page 11, line 40, after ““penalty”” insert ““not exceeding £100 in the case of an i...
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Lord Davies of Oldham | 724 c94GC (Link to this contribution) I note that the noble Lord, Lord Jenkin, also looked on this clause and also saw that there was an i...
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Lord Jenkin of Roding | 724 c94GC (Link to this contribution) I was inspired to table my amendment by the proposal of the Delegated Powers Committee. In paragraph...
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Lord Marland | 724 c94-5GC (Link to this contribution) I thank noble Lords for their suggested amendments to Clause 14 to limit the level of financial pena...
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Lord Davies of Oldham | 724 c95GC (Link to this contribution) I do not wish to pre-empt the noble Lord, Lord Jenkin, but my amendment, too, was a probing one and ...
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Lord Davies of Oldham | 724 c95GC (Link to this contribution) 16D: Clause 16, page 13, line 29, leave out paragraph (6)
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Lord Whitty | 724 c89GC (Link to this contribution) It would be relatively easy to say what any fee does not cover, which would provide some clarity. I ...
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Lord Davies of Oldham | 724 c89-90GC (Link to this contribution) 16A: Clause 6, page 7, line 14, at beginning insert— ““(A1) Before any improvements are installed un...
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Lord Davies of Oldham | 724 c91-2GC (Link to this contribution) My Lords, I am partially satisfied. I am pleased to note that the noble Lord says that the regulatio...
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Countess of Mar | 724 c92GC (Link to this contribution) My Lords, noble Lords had indicated their intention to oppose a series of clauses and my instruction...
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Lord Marland | 724 c90-1GC (Link to this contribution) My Lords, this clause enables the framework regulations to require that the energy bill payer consen...
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Lord Grantchester | 724 c92-3GC (Link to this contribution) Perhaps we may be indulgent for a few minutes more. We looked at Clause 9 to see how it fits with Cl...
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Baroness Northover | 724 c93GC (Link to this contribution) I am informed that mention is made of this simply for administrative purposes. Your Lordships will n...
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Lord Grantchester | 724 c92GC (Link to this contribution) I am sorry, but we had a few concerns over some of the clauses. We did not want to draft a specific ...
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Lord Marland | 724 c92GC (Link to this contribution) I am grateful to the noble Lord for raising this matter. Perhaps I may take it away and respond to h...
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Lord O'Neill of Clackmannan | 724 c85GC (Link to this contribution) My Lords, on a point of order. I do not know if one can do this on this Committee, but we are breaki...
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Countess of Mar | 724 c85GC (Link to this contribution) Time is up. I suggest that we resume.
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Lord Marland | 724 c85-7GC (Link to this contribution) Amendments 13 to 16 all deal with the financial terms of Green Deal plans. However, before I address...
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Countess of Mar | 724 c85GC (Link to this contribution) I appreciate that. I am afraid that I had to call the noble Lord, Lord Marland, between the two Divi...
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Lord Marland | 724 c87GC (Link to this contribution) I totally agree with my noble friend Lord Jenkin. There is always an argument for keeping everything...
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Lord Jenkin of Roding | 724 c87GC (Link to this contribution) Can my noble friend give some indication of what level of fee—I made the point about early repayment...
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Lord Marland | 724 c83-4GC (Link to this contribution) I thank the noble Lords very much. Just before I respond to the amendments put forward by the noble ...
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Lord Davies of Oldham | 724 c83GC (Link to this contribution) My Lords, the Minister will be relieved to hear that I do not have a great deal to add, as he has qu...
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Lord Marland | 724 c84-5GC (Link to this contribution) I shall start the sentence again. I will rely on Hansard, as I always do, to dig me out of any holes...
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Countess of Mar | 724 c84GC (Link to this contribution) My Lords, I think that we should restart, but I should say that there is very likely to be another D...
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Lord Whitty | 724 c89GC (Link to this contribution) I will press the Minister for communication with Members of the Committee who have taken an interest...
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Lord Davies of Oldham | 724 c89GC (Link to this contribution) My noble friend will have recognised from the contributions of Members of the Committee the anxiety ...
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Lord Whitty | 724 c88-9GC (Link to this contribution) It would probably be helpful to us to have that legal advice—or the gist of it—in writing, otherwise...
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Lord Marland | 724 c88GC (Link to this contribution) Perhaps I may clarify that question for the noble Lord. Our legal advice is that the protection is i...
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Lord Marland | 724 c89GC (Link to this contribution) Given that there has been disruption and that not everyone heard what I said, I am happy to communic...
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Lord Moynihan | 724 c87GC (Link to this contribution) To assist the Minister on this, can he clarify to the Committee that the Government intend for there...
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Lord Whitty | 724 c87-8GC (Link to this contribution) My Lords, I am grateful to the Minister for spelling out some of this, but I am still puzzled by bit...
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Lord Marland | 724 c87GC (Link to this contribution) I am grateful to my noble friend for asking me to explain again. A lot of this will be picked up in ...
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Earl Cathcart | 724 c87GC (Link to this contribution) My Lords, I am not sure that my noble friend answered my questions quite as fully as I might have ho...
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Lord Marland | 724 c87GC (Link to this contribution) I am grateful to my noble friend Lord Moynihan for assisting me in this regard. Absolutely—we have t...
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Lord Jenkin of Roding | 724 c75GC (Link to this contribution) My Lords, we will come to the question of the energy company obligation later, but at this stage I m...
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Lord Dixon-Smith | 724 c74GC (Link to this contribution) My Lords, my best line has been taken by my noble friend Lord Moynihan, as I was going to accuse the...
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Lord Teverson | 724 c77GC (Link to this contribution) Just to clarify, the noble Lord is absolutely right. I have written this amendment so that the local...
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Lord Whitty | 724 c75-7GC (Link to this contribution) I support the thrust of these amendments and I am grateful that we are discussing the role of the lo...
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Lord Teverson | 724 c71-2GC (Link to this contribution) My Lords, this amendment brings two different subjects and two different strands to this debate: the...
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Baroness Maddock | 724 c73-4GC (Link to this contribution) My Lords, in rising to speak about local authorities and to support my noble friend, I declare an in...
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Lord Teverson | 724 c72-3GC (Link to this contribution) That is a very good question. It is because, as a result of a lack of forethought, I did not think t...
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Lord Teverson | 724 c71GC (Link to this contribution) 12: After Clause 4, insert the following new Clause— ““Local housing authorities (1) Local housing a...
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Lord Davies of Oldham | 724 c69-71GC (Link to this contribution) I am grateful to the Minister both for his response and for his good wishes to my noble friend Lady ...
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Earl Cathcart | 724 c82-3GC (Link to this contribution) My Lords, I was wrestling with an amendment—it was going to be a probing amendment—to the effect tha...
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Lord Jenkin of Roding | 724 c81-2GC (Link to this contribution) The noble Lord, Lord Whitty, may be pleased to hear that when I read through the Bill I put a questi...
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Lord Whitty | 724 c80-1GC (Link to this contribution) My Lords, I beg to move Amendment 13 and speak to the other amendments in this group. One could argu...
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Lord Whitty | 724 c80GC (Link to this contribution) 13: Clause 5, page 6, line 19, at end insert— ““(ia) the structure of repayments over the length of ...
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Lord Teverson | 724 c80GC (Link to this contribution) My Lords, I thank my noble friend for that response. I am delighted to hear that local authorities h...
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Baroness Northover | 724 c80GC (Link to this contribution) As the noble Lord will have noted, obviously there are economies of scale when local authorities are...
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Lord Grantchester | 724 c79-80GC (Link to this contribution) My Lords, we are continually told that we are not in normal times at the moment. What confidence doe...
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Baroness Northover | 724 c78-9GC (Link to this contribution) My Lords, this group of amendments addresses the role of local authorities in relation to the Green ...
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Lord Grantchester | 724 c77-8GC (Link to this contribution) My Lords, we are very encouraged that the noble Lord, Lord Teverson, is looking more widely than the...
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Lord Whitty | 724 c77GC (Link to this contribution) Yes, the role would be somewhat different in different cases, but I think that the new clause would ...
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Lord Marland | 724 c65-7GC (Link to this contribution) My Lords, I welcome the noble Lord, Lord Davies of Oldham, who seems to be indispensable to the Labo...
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Lord Dixon-Smith | 724 c68GC (Link to this contribution) Perhaps I could intervene as well at this point. This illustrates the classic difficulty of legislat...
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Earl Cathcart | 724 c68GC (Link to this contribution) I asked my noble friend whether the cost of the assessor could be rolled up within the Green Deal lo...
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Lord Oxburgh | 724 c67GC (Link to this contribution) I am not sure whether this is the right point to raise this issue, but it certainly has a bearing on...
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Lord Marland | 724 c69GC (Link to this contribution) The methodology for the golden rule will be standardised and it is fundamental that it is. That is a...
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Lord Dixon-Smith | 724 c69GC (Link to this contribution) My noble friend has not touched on the question of the cost of the finance.
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Lord Marland | 724 c68-9GC (Link to this contribution) Noble Lords have made good points about how we should evaluate this. I am sure that many young women...
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Lord Oxburgh | 724 c69GC (Link to this contribution) Does that mean that the form of the recommendation to the consumer will not be prescribed and that t...
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Lord Marland | 724 c69GC (Link to this contribution) I would rather pick that up later on, when we come to Amendment 15. If the noble Lord does not mind,...
- Subjects
- Assessments Appeals Cost effectiveness Conservation Building alterations Annual reports Billing Housing Enforcement Energy Local government Powers Ministers Meters Repayments Green deal scheme
- Legislation
- Energy Bill (HL) 2010-12
- Link
- View this Parliamentary proceeding on www.publications.parliament.uk
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