Clause 36 - Regulations and orders

Energy Bill [Lords] – in a Public Bill Committee at 4:30 pm on 9th June 2011.

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Photo of Gregory Barker Gregory Barker The Minister of State, Department of Energy and Climate Change 4:30 pm, 9th June 2011

I beg to move amendment 9, in clause 36, page 23, line 15, after ‘Chapter’ insert ‘, other than those made by the Scottish Ministers,’.

Photo of Edward Leigh Edward Leigh Chair, Public Accounts Commission, Chair, Public Accounts Commission

With this it will be convenient to discuss Government amendments 10, 12, 14 to 18 and 21.

Photo of Gregory Barker Gregory Barker The Minister of State, Department of Energy and Climate Change

This group of technical amendments is designed to ensure that, where the Bill refers to secondary legislation to be made by Scottish Ministers, the language used is consistent with the Interpretation and Legislative Reform (Scotland) Act 2010. The amendments do not make any changes to the policy underlying the Bill. I hope that the Committee will support these technical amendments.

Amendment 9 agreed to.

Amendments made: 10, in clause 36, page 23, line 22, leave out paragraph (b).

Amendment 11, in clause 36, page 23, line 23, after ‘33’ insert ‘(2)’.

Amendment 12, in clause 36, page 23, line 29, leave out subsection (6) and insert—

‘(6) Regulations under section 10(2), 14(7) or (8) or 15(4) are subject to the negative procedure.’.

Amendment 13, in clause 36, page 23, line 30, at end insert—

‘(6A) Regulations under section 33(5A) are subject to the affirmative procedure.’.—(Gregory Barker.)

Photo of Gregory Barker Gregory Barker The Minister of State, Department of Energy and Climate Change

I beg to move amendment 50, in clause 36, page 23, line 44, at end insert—

‘(8A) Before amending under section 9 a provision of the Building Regulations 2010 (S.I. 2010/2214), the Secretary of State must, if and so far as the function under which the provision was made is exercisable by the Welsh Ministers, obtain their consent.’.

Photo of Edward Leigh Edward Leigh Chair, Public Accounts Commission, Chair, Public Accounts Commission

With this it will be convenient to discuss Government amendments 51 and 52

Photo of Gregory Barker Gregory Barker The Minister of State, Department of Energy and Climate Change

The amendment requires the Secretary of State to obtain the consent of Welsh Ministers before making amendments to the Building Regulations 2010 using the powers contained in clause 9, relating to the confirmation of the green deal plan and disclosure. The requirement reflects the fact that, from the end of this year, certain functions in this area will be transferred to Welsh Ministers. The requirement to obtain consent applies only to amendments that extend to Wales and does not apply to amendments that are purely incidental or consequential. I hope that the Committee will support this group of amendments.

Photo of Huw Irranca-Davies Huw Irranca-Davies Shadow Minister (Energy and Climate Change)

I rise briefly simply to say the words that everyone has been waiting for all day: pwy sydd yn siarad ar gyfer Cymru—who speaks for Wales?  I am speaking for Wales at this moment, and I have translated, in accordance with the rules for Hansard.

The amendment is welcome, but I ask for an assurance from the Minister. A number of initiatives in the Bill are significant to Wales but, equally, a number of Welsh Assembly Government programmes, such as the Arbed and Nyth programmes, deal with similar areas. I want to ensure serious interaction and that Welsh Ministers are consulted on such initiatives at all stages, including on secondary legislation and any regulations inspired by them. The Ministers should have full access to data about the uptake of the clause, the green deal generally and the ECO in Wales, because it will help them effectively target their own programmes alongside the green deal.

Amendment 50 agreed to.

Amendments made: 51, in clause 36, page 24, line 1, leave out ‘Subsection (8) does’ and insert ‘Subsections (8) and (8A) do’.

Amendment 52, in clause 36, page 24, line 6, after ‘(8)’, insert ‘or (8A)’.—(Gregory Barker.)

Photo of Edward Leigh Edward Leigh Chair, Public Accounts Commission, Chair, Public Accounts Commission

The Opposition indicated that they wished to move formally amendment 37, which was debated as part of a previous group.

Amendment made: 37, in clause 36, page 24, line 6, at end add—

‘(12) Before making regulations or an order under this Chapter, the Secretary of State must report to Parliament with proposals on a specific Green Deal apprenticeships programme.’.—(Huw Irranca-Davies.)

Clause 36, as amended, ordered to stand part of the Bill.

Clause 37 ordered to stand part of the Bill.

Ordered, That further consideration be now adjourned. —(Mr Vara.)

Adjourned till Tuesday 14 June at half past Ten o’clock.