Energy Bill [HL]

My Lords, we move to Chapter 4 of Part 1 and the clauses which encourage the energy industries to do much more in the way of carbon reduction. I do not need to go into the details of the clauses, although someone may want to make a speech on whether the clause should stand part. Clause 61 applies to the gas industry and concerns the powers of the regulator and the obligations on the companies. In a sense, it replaces what was happening under the CERT programme. Clause 62 does exactly the same thing for the electricity industry. I shall discuss Amendment 29B at the same time because it concerns the same issue as Amendment 29A. This matter has attracted the attention of the Delegated Powers and Regulatory Reform Committee. Whereas most of the regulations under these clauses are subject to the affirmative procedure, under subsection (6) in each case certain of the regulations will be subject only to the negative procedure. When the Delegated Powers Committee looked at that, it recited the department’s arguments as to why there should be this distinction, the department arguing—I am quoting from paragraph 12 of the report—that the matters are, "““‘less central, more technical’ and ‘essentially administrative’””." The committee then said that it did not find this argument persuasive. It remains unconvinced, for instance, that the provision enabled by new paragraph (c), which specifies the method for determining the contribution that any action makes towards meeting a target, falls into that category any more than the other paragraphs do. Therefore, it makes a very clear recommendation that these orders, which are the subject of that paragraph, should have the affirmative procedure on their first exercise. My amendments would simply take out subsection (6) from both clauses, because I was not sure how one would be able to table an order or draft an amendment that dealt with the first exercise of the power and not any subsequent one. That defeated my powers of drafting. I believe that the case that the committee makes is a strong one. As I have said before in these debates, it is usual for Governments to accept the recommendations of the Delegated Powers and Regulatory Reform Committee, because it is the body which the House has set up to look at these matters. I hope that my noble friend will be able to look with favour if not on the amendments then on the purpose that lies behind them and, if necessary, bring forward a government amendment at a later stage. I beg to move.