Energy Bill [HL]

Amendment 19A draws attention to the lack of detail in this clause in respect of appeals. While we acknowledge that it may be appropriate to include some issues in regulations, such as the fee payable, we do not consider that other issues—specifically who has the right to appeal, where they can appeal, the grounds for appeal and the powers of the court or tribunal in making a determination—are suitable matters to be left to further regulations that the Minister may draft. Surely, the class of person who is eligible to appeal under the clause is not likely to change during the course of time and there is no obvious reason why this should be flexible. We are interested to hear what the Minister of Justice and his officials might have advised in this area as it appears to breach fundamental issues of access to justice. It is an equally important point of principle that people should have the protection of primary legislation. We ask the Minister to put down amendments to take these comments on board and to seriously consider amending the Bill in this area on Report. It is an issue that we will be turning our minds to in the next couple of months. I beg to move.