Clause 246
Housing and Regeneration Bill
Public Bill Committees, 17 January 2008, 3:00 pm

Lembit Öpik (Shadow Minister (Housing), Department for Communities and Local Government; Montgomeryshire, Liberal Democrat)
Do the enforcement authorities as outlined in the clause already have the necessary skills and competences to carry out their new responsibilities? If not, what process does the Minister envisage to ensure that those authorities are not left vulnerable to a failure to carry out the duties that they are being charged with? I am particularly concerned that the authorities themselves may say that this is yet another additional burden for which they do not have sufficient resources.

Iain Wright (Parliamentary Under-Secretary, Department for Communities and Local Government; Hartlepool, Labour)
The hon. Gentleman raises a very good point. We have provided additional resources to compensate local authorities for the extra burdens that they may have, certainly in relation to home information packs. We are consulting closely the Local Authorities Co-ordinators of Regulatory Services—LACORS—about EPCs, HIPs and so on. We keep the matter under constant review. If there is any additional burden or any additional complexity with regard to training or expertise in this respect, LACORS will highlight that to us and we will amend resources funding accordingly.

Lembit Öpik (Shadow Minister (Housing), Department for Communities and Local Government; Montgomeryshire, Liberal Democrat)
That is a helpful response from the Minister. I hope that he recognises the consequences of what he has said. As I understand it, the certificates that we were previously discussing incur a fee for the vendor, but the Minister has said that the Government will resource the authorities for the extra burden. I suspect that he may not have thought through entirely the relative sharing of cost between the vendors, who require the enforcement authorities to carry out the work, and the authorities. If he is honest and says that he has not thought about it, that is fair enough, but we need some clarity on the issue. This is important because it is unquestionably at the cutting edge in the eyes of the public. The answers to my questions will to a large extent define the cost of the certificates to potential vendors. The more the Government pay, the less the certificates will cost vendors, and vice versa. I highlight this matter as being of strategic importance to vendors, if only of tactical importance to the Government.

Iain Wright (Parliamentary Under-Secretary, Department for Communities and Local Government; Hartlepool, Labour)
I will check in Hansard, but I think that I said that we would keep it under close review and would monitor it, rather than providing a blank cheque to local authorities. I also said that we have provided additional resources for the extra burdens on local authorities from HIPs.
I understand the hon. Gentleman’s point about this matter being at the cutting edge. However, trading standards officers, who are named in the Bill as the enforcement authority, will not need any technical knowledge when looking into it. All that they will need to know is when a code certificate should be given and what it looks like, and they will need to be familiar with the provisions in this chapter on disclosure and offences. I suggest that they will not have to go on long courses to gain technical knowledge about sustainability. I calculate that the burden will not be too onerous, but LACORS will keep us informed on that.

Lembit Öpik (Shadow Minister (Housing), Department for Communities and Local Government; Montgomeryshire, Liberal Democrat)
I understand, therefore, that this element of the cost of certificates is a public burden, which makes a lot of sense. Other burdens, such as getting someone to do an evaluation, may be the vendor’s burden, but this element is a burden on the public purse. If that is what the Minister is saying, it is a useful clarification.

Iain Wright (Parliamentary Under-Secretary, Department for Communities and Local Government; Hartlepool, Labour)
Yes, I confirm that.

Grant Shapps (Shadow Minister, Communities and Local Government; Welwyn Hatfield, Conservative)
Will the Minister reflect on the experience gained from introducing legislation on houses in multiple occupation, which required local authorities to provide the enforcement? I am aware that many local authorities around the country have struggled to enforce HMO legislation through a lack of resources in the town hall, and I am concerned that the Bill should not end up creating yet more requirements that cannot be enforced. Will the Minister consider that experience in relation to how enforcement might be applied?

Iain Wright (Parliamentary Under-Secretary, Department for Communities and Local Government; Hartlepool, Labour)
I appreciate the hon. Gentleman’s comments. I shall take on board the notion of HMOs and the possible problems of definition; I shall keep that on my desk and have a look at it.
