My Lords, that was a very interesting and revealing debate, because we have not always kept clear in our minds the distinction between the innovating and expanding voluntary sector and what would inevitably have to be, on the basis of the Bill, a very rigid, defined and inflexible sector. One has to make it quite clear that we are dealing here with two different approaches to this whole problem. We have all agreed that community involvement is a very good thing; it is simply a question of how.
In the first of these three groups of amendments we have dealt with what is included, and we have had a very interesting answer on that. The second group, which we come to now, poses the question: how? How will the regulations be introduced? The third group, which we shall come to later and to which I think there will be a happier answer, is the “when?”.
The previous amendment considered the “what?”. In this group, we debate the whole question of the process and say straightaway that the Bill appears to have nothing whatever to say about any form of review of the developing experience of the voluntary approach. Happily, the task force’s report offers some valuable advice and comment on that. Indeed, in its chapter 5, it talks about implementation and monitoring, and devotes nearly a whole page to the review process. It makes it perfectly clear that in any development of this policy there must be proper reviews at regular intervals, and it suggests in the first place six months from the original report and thereafter annual reviews.
However, one question which is not answered to my satisfaction in the task force’s report is who should do the reviewing. It assumes that it will be itself; that it will be continued either in its current form or as a monitoring group which it would set up. I have had some very firm representations that, if there is to be a different group, it should be the department itself. The argument is put that the task force seems to be wholly committed to one form of participation; namely, shared ownership. I think that we have already established that there can be other forms of community participation which have the same value of promoting community support for a development and giving a community a feeling of involvement in what is going on in its area.
My first amendment in this group, Amendment 109, suggests that the reviews should be carried out either by,
“the Secretary of State, or another person with the consent of the Secretary of State”.
I must ask that, when Ministers publish their formal response to the task force’s report, they make two things absolutely clear. First, they should make clear that there will be regular reviews of how the voluntary approach to community involvement is evolving, and secondly, who will conduct these reviews.
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The amendment also suggests that the results of the reviews should be reported to Parliament. That would give them added authority. This all relates to what the Bill refers to as “land-based” facilities, although it goes on in Clause 27(1)(b) to say that this could be extended to offshore facilities, which opens up a whole new range of complications. I have received a long brief on that from Renewable UK, which I find very persuasive. At this hour of the night I would not dream of reading it all out. The concept of community involvement in an offshore development is something quite different from what community involvement would be in, for instance, an onshore wind farm or an onshore solar energy facility. It seems to me that a lot needs to be thought through.
Amendment 110 makes the obvious proposal that before laying any draft regulations, Ministers must consult wisely. I am sure that they would be doing that already and the task force assumes wide consultation would have to happen. However, it was considering only the voluntary system and not the regulations proposed in the Bill. Amendment 110 says that,
“the Secretary of State must consult”,
and proposes a list of those who should be consulted.
The remaining two amendments in this group, Amendments 111 and 112, aim to clarify what seems to be obvious from Clause 28(5)—that there should be no retrospection. It should apply only to schemes where the definitive decision is taken after the regulations come into force. I am glad to see my noble friend nodding her assent to that.
As I understand it, we will not see the formal response to the task force’s report until after the Bill has left this House. The Government received it only on Monday and they must have time to deal with it. That is not very satisfactory, but I therefore do not expect that the Government will have any chance to legislate to implement the recommendations in these amendments while the Bill is in this House. My purpose in moving them is to set out clearly what is an essential process before any regulations can be laid under these two clauses and Schedule 5. I hope that that will be taken on board.
In the light of all the representations, one might wish that Part 4 was not in the Bill and that we could proceed with a voluntary scheme, but I accepted the point made firmly by my noble friend Lady Kramer that it would send the wrong message if it were to be withdrawn. I accept that, and we have to proceed. I hope that I have left my noble friends and colleagues on the Front Bench with a clear view that they are stepping on to extremely contentious and dangerous ground. They want to put what, at the moment, appears to be a satisfactory voluntary scheme—which is moving ahead in all sorts of different ways—into a statutory straitjacket. These four amendments are essential conditions if that is ever to become acceptable. I beg to move.