Housing and Regeneration Bill

moved Amendment No. 112A: 112A: Clause 280, page 117, line 8, at end insert— ““( ) The regulations must make provision for a competitive process for the selection of an accreditation scheme or schemes.”” The noble Earl said: We move on to Part 3 proper of the Bill and the subject of certificates for new homes. The mandatory rating of homes against the code for sustainable homes is already being introduced via secondary legislation relating to the home information packs, which we have just discussed and which, sadly, will continue for a bit longer. Although homes have to be rated, they do not have to be assessed. Where an assessment does not occur, the new home receives a zero rating. The Bill allows for a more comprehensive legislative framework for these arrangements. It also allows for the code to be extended to existing properties and non-residential properties. Under the current arrangements for accreditation schemes, the Building Research Establishment trust, a non-governmental body, is given the sole right to sub-license accreditation schemes for assessors of homes against the code. It is granted a licence to provide accreditation of code assessors itself. In effect, therefore, the BRE has a monopolistic position in regard to the accreditation of code assessors. This resulted from the arrangements made by the Department for Communities and Local Government to utilise the intellectual property of the BRE within the technical requirements of the code. My amendment would remove any potential for the furthering of the monopolistic position of a single body, the BRE, in regard to the accreditation of assessors for the code for sustainable homes. However, since tabling the amendment, I have had a very nice letter from the Minister saying that she understands the point that I made, and for that I am extremely grateful. However, perhaps I may ask her the following questions. How long is the current arrangement with the BRE? Are the Government going to publish the contract with the BRE? What further safeguards are there that this will not become a monopolistic position in the future? Finally, what is the current level of fees that the BRE charges? There has been considerable complaint about the level of fees because the BRE is in this very strong position. Indeed, an article in Building magazine, which I am sure the Minister has read, referred to this very problem. I am sure that it has been on her desk and that she has read it with great interest. There is one point in the Minister’s letter that I must raise because she needs to kick her department very hard. On the last amendment, she said that she has a better relationship with the stakeholders, yet in her letter she refers to the ““Royal Institute of Chartered Surveyors””. I belong to an institution, not an institute. I beg to move.