Clause 3 - Failure of an authority to implement measures
Home Energy Conservation Bill
12:00 pm
Mr Michael Meacher (Minister of State (the Environment), Department for Environment, Food and Rural Affairs; Oldham West and Royton, Labour)
I am not sure whether my hon. Friend the Member for Brighton, Kemptown had finished speaking when the sitting was suspended, but I am quite prepared to comment on new clause 1.
The new clause would give the Secretary of State the power to take action using the best-value provisions under the Local Government Act 1999 if she considered that an energy conservation authority was failing to take such measures as were reasonably practicable to comply with its duties under the Bill. The Government consider that it is unnecessary to restate the powers that already exist. Energy conservation authorities are subject to the duty of best value, and the Secretary of State has a range of powers under the 1999 Act that enable her to ensure that the authority continues to improve the provision of its services, including those relating to home energy conservation. The 1999 Act includes the power for the Secretary of State to intervene when she considers that an authority is not complying with the Act and, in particular, the best-value duty.
My point is that it is unnecessary to restate those powers here. However, I am keen to do what I can to ensure that appropriate enforcement mechanisms are included in the home energy conservation legislation. I emphasise that, because I seem to be widely disbelieved by Committee members and various lobbying organisations. The Secretary of State already has powers of direction on authorities' duties under the Home Energy Conservation Act 1995, and I shall consider what powers of direction it might be appropriate for the Secretary of State to have in
relation to the new provisions on setting and achieving targets, which I shall propose on Report. I hope that that commitment meets the requirements of my hon. Friend the Member for Brighton, Kemptown and that he will feel able to withdraw the motion.