Clause 8 - Houses not treated as registrable
Home Energy Conservation Bill
7:15 pm
Mr Michael Meacher (Minister of State (the Environment), Department for Environment, Food and Rural Affairs; Oldham West and Royton, Labour)
I understand the hon. Gentleman's argument about widening the scope of the properties for registration. He proposes two alternative criteria. We intend that both criteria, rather than either one of them, should be met. It is intended that mandatory registration will apply only to those properties that make up the most problematic part of the HMO sector, but properties occupied by more than four people that are also three storeys or more high exhibit the characteristics about which we are most concerned, such as fire risk and overcrowding. Assuming reasonably full occupation, it is unlikely that a three-storey property would accommodate as few as four people, or that, if there were as few as four occupants, all the problems characteristic of multiple occupation would regularly apply. Precisely for that reason, I recognise that there are particular problems in some localities where there are persistent problems of exploitative management, even of smaller bedsit and shared properties, and for that reason local authorities will be given discretion to require registration of smaller HMOs where there is a particular local problem with accommodation of that sort. The hon. Gentleman's concerns will be met, and on that basis I hope that he will ask leave to withdraw the amendment.
I wonder if I may beg your indulgence, Mr. Cummings. I have received information about a point concerning the use of the word ''may'' in regulation, as opposed to ''shall''. May I rapidly deal with it? I am advised that ''may'' is standard drafting, leaving discretion to the Secretary of State. For instance, if other legislation were to supersede the Bill, an absolute requirement to make regulations would be undesirable. There is, despite the use of the word ''may'', a definite intention to make the regulations. I am grateful for the opportunity to clarify that point.
To return to the earlier matter, the hon. Member for Twickenham (Dr. Cable) raised a fair point. If both criteria are met, they will be covered, but there will be discretion in smaller cases: for instance, the local authority may register shared bedsits if it so chooses. On that basis, I hope that he will ask leave to withdraw the amendment.