Energy Bill

In its eighth report of the current Session, the Delegated Powers and Regulatory Reform Committee recommended several changes to the Bill in connection with the procedures whereby secondary legislation is made in part 2, which deals with social price support, and part 4, which sets out the general provisions of the Bill. In respect of part 2, the Committee expressed concern about the breadth of the powers in clause 10(6), which enabled the regulations establishing a social price support scheme to include provision allowing the Secretary of State to disapply or modify the requirements of the scheme. It also recommended that the level of parliamentary scrutiny be increased in relation to changes in the definition of fuel poverty. In respect of part 4, the Committee recommended the removal of the discretion in 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 tabled amendments in the other place to address all the Committee's concerns. Lords amendments 1 and 2 will constrain the circumstances in which the power in clause 10(6) may be used to disapply or modify any requirement of a social price support scheme. That will be done by requiring the circumstances in which the Secretary of State can use the power to be detailed in the scheme regulations made under clause 9. Regulations made under the clause are subject to the affirmative procedure. Lords amendment 3 requires the Secretary of State to inform Parliament of any changes made under clause 10(6) by laying a memorandum before Parliament detailing any such modifications. We have also addressed the Committee's recommendation that any regulations seeking to change the definition of fuel poverty, or its extent, for the purposes of the Bill should be subject to the affirmative procedure. Lords amendments 5 and 6 replicate the definition in the Warm Homes and Energy Conservation Act 2000. Lords amendments 7 and 8 make any regulations that seek to change the definition of fuel poverty or its extent in the Bill subject to the affirmative procedure, as recommended by the Committee. Lords amendment 4 ensures that any such regulations are subject to consultation in the same way as the schemes for reducing fuel poverty. Lords amendment 9 removes the discretion in clause 31(4) for the Secretary of State, in certain circumstances, to choose the parliamentary procedure to which a statutory instrument is subject. We now consider that we no longer require that discretion, and are therefore content to accept the Committee's recommendation. I hope that the House will feel able to agree to the Lords amendments.