Clause 1 - Target years
Waste and Emissions Trading Bill [Lords]
8:55 am

Mr John Hayes (South Holland and The Deepings, Conservative)
I simply say that the Minister is of course right about the obligations. However, it seems odd—I put it no more strongly than that—that we have ''must'' in clause 1 but ''may'' in clause 2. That said, I do not want to get into a debate about a later amendment, and I am sure that you would not want me to do so, Mr. Amess. However, the Minister touched on the point with reference to non-target years. There is presumably discretion in that respect, and the provision could have been firmed up.
The Government seem to be saying that they inserted ''must'' at the beginning of the Bill to signal clearly that they must meet the targets that have been set outside this place. When it comes to non-target years, however, they are saying that there is precisely the sort of discretion and flexibility that I mentioned. I am therefore a little uncertain, because there seems to be an element of judgment and discretion. The Minister alluded to it, and it would be helpful to have a little more clarity.
