Mr Norman Baker (Shadow Secretary of State for the Environment, Environment, Food & Rural Affairs; Lewes, Liberal Democrat)

I beg to move amendment No. 127, in

clause 92, page 70, line 4, leave out 'one or both of'.

Mr Bill O'Brien (Normanton, Labour)

With this it will be convenient to discuss the following:

Amendment No. 128, in

clause 92, page 70, line 4, at end insert 'areas'.

Amendment No. 129, in

clause 92, page 70, line 5, leave out 'an area of'.

Amendment No. 130, in

clause 92, page 70, line 6, leave out 'an' and insert 'the'.

Mr Norman Baker (Shadow Secretary of State for the Environment, Environment, Food & Rural Affairs; Lewes, Liberal Democrat)

It could be argued that the amendments that I tabled with my hon. Friend the Member for Hazel Grove (Mr. Stunell) are not significantly different from the Bill. Modestly, however, we think that our wording is better.

The amendments give us the opportunity to raise an important issue. When powers are exercised by the Secretary of State, that should be done with consistency and in a manner in which those affected would reasonably expect them to be exercised. It seems to us that our amendments to clause 92(2) would give the message that there would be such consistency of treatment. In responding, I hope that the Minister will say how the power is likely to be exercised and what steps will be taken to ensure consistency in decision making.

Mr Stephen Timms (Minister of State (e-Commerce & Competitiveness), Department of Trade and Industry; East Ham, Labour)

The clause enables the Secretary of State to modify the co-ordination licence so that the authorisation and conditions of the licence apply to the transmission of electricity within an area of the territorial sea or an area of the UK continental shelf, or both. Taken together, the amendments would mean that all the territorial sea and the continental shelf would have to be treated in the same way.

We may not need the flexibility that we built into the provision, but we are not certain that we do not. Until we have done more detailed work on the extension of the co-ordination licence offshore and carried out the consultation provided for under clause 92(5), I hope that the hon. Gentleman will agree that it would be sensible to retain the flexibility that is built into the drafting.

Mr Norman Baker (Shadow Secretary of State for the Environment, Environment, Food & Rural Affairs; Lewes, Liberal Democrat)

That was an interesting response. The Minister therefore concedes that there is inconsistency in the wording as drafted, but he believes that it may be necessary, depending on the consultation. If consultation is to be meaningful, we have to listen to what it says. Equally, my point is valid. If we have inconsistency of treatment for different areas, it may affect individuals or areas of the United Kingdom differently.

I will not press the amendment, but I am glad to have had the opportunity to flag up the issue. I hope that the Minister will not lose sight of that. There is a need to understand the individual applications that may or may not affect the modifications required, but there is also a need to ensure fairness throughout. I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Clause 92 ordered to stand part of the Bill.