Clause 2 - Energy conservation authorities:
Home Energy Conservation Bill
5:00 pm
Mr Michael Meacher (Minister of State (the Environment), Department for Environment, Food and Rural Affairs; Oldham West and Royton, Labour)
I understand why my hon. Friend tabled the amendment. If there is to be a significant uptake in energy efficiency standards in many authorities it will require drive, and should perhaps be headed by an individual or individuals.
There were difficulties with the text of the Bill on Second Reading, but the amendment would achieve nothing legally, although I understand its purpose, and I shall explain why. If, as I propose, a duty is placed on local authorities, they must make arrangements to carry out their functions under that duty; they do not need legislation to tell them so. If they are to carry out their functions they will also need to identify an officer or officers to do the work.
If the purpose is simply to add emphasis to the need for authorities to put adequate staffing arrangements in place, primary legislation is not appropriate. What
is needed is to set a clear statutory duty to meet a standard and it is up to the authorities how they do it. They will be penalised if they do not meet that standard, but it is for them to put in place whatever staffing requirement is necessary to do so. It is not for us to specify what they must do in every case; for example, in many local authorities, energy conservation officers may have other duties. That is why the Government amendment deletes clause 2. It is not that I disagree about what may happen, but that it is not appropriate for primary legislation to make it a requirement.