House of Commons Public Bill Committee Proceedings

Session 2010 - 12
Internet Publications
Other Bills before Parliament

941

SUPPLEMENT TO THE VOTES AND PROCEEDINGS

Wednesday 14 September 2011

Report Stage Proceedings

Energy Bill [Lords], As Amended

New Clauses

Green deal installation apprenticeships

Secretary Chris Huhne

Added  NC10

To move the following Clause:—

‘(1)
Before making the first framework regulations the Secretary of State must lay

before Parliament a report on what, if any, steps the Secretary of State has taken

to encourage green deal installation apprenticeships.

(2)
A “green deal installation apprenticeship” is an apprenticeship which provides

training on how to install energy efficiency improvements at properties.’.

Agreement about modifying decommissioning programme

Secretary Chris Huhne

Added  NC11

To move the following Clause:—

‘(1)
Section 46 of the Energy Act 2008 (approval of a decommissioning programme)

is amended as follows.

(2)
After subsection (3) insert—

“(3A)
When approving a programme the Secretary of State may agree to
5
exercise, or not to exercise, the section 48 power—

(a)
in a particular manner;

(b)
within a particular period.

(3B)
An agreement under subsection (3A) may subsequently be amended by

the Secretary of State and the other party to the agreement.
10
(3C)
The Secretary of State may not make such an agreement or amend such

an agreement unless satisfied that the agreement (or the agreement as

Report Stage Proceedings: 14 September 2011
942

Energy Bill–[Lords], continued

amended) includes adequate provision for the modification of the

programme in the event that the provision made by it for the technical

matters (including the financing of the designated technical matters)
15
ceases to be prudent.

(3D)
Provision in such an agreement (including the provision mentioned in

subsection (3C)) may include provision—

(a)
for a determination by a third party in relation to a relevant

matter specified in the agreement, and
25
(b)
for the Secretary of State to be bound by such a determination.

(3E)
A “relevant matter” is a matter relating to the provision made by the

programme for the technical matters.

(3F)
Subsections (3A) to (3D) apply notwithstanding that the agreement or

amendment fetters the Secretary of State’s discretion.
30
(3G)
In subsection (3A) “section 48 power” means the power of the Secretary

of State under section 48 to propose a modification of the programme or

a modification of the conditions to which the approval of the programme

is subject.”

(3)
In subsection (4) for “(3)” substitute “(3B)”.’.

As Amendments to Secretary Chris Huhne’s proposed New Clause (Agreement about

modifying decommissioning programme) (NC11):—

Caroline Lucas

Not called  (a)

Line  5,  leave out ‘, or not to exercise,’.

Caroline Lucas

Not called  (b)

Line  9,  leave out ‘and the other party to the agreement’.

Caroline Lucas

Not called  (c)

Line  15,  leave out ‘prudent.’ and insert ‘adequate to protect the interests of the

public and taxpayers.’.

Adjustment of electricity transmission charges

Secretary Chris Huhne

Added  NC12

To move the following Clause:—

Report Stage Proceedings: 14 September 2011
943

Energy Bill–[Lords], continued

‘In section 185(11) of the Energy Act 2004 (areas suitable for renewable

electricity generation: end date for schemes adjusting transmission charges) for

“2024” substitute “2034”.’.

Consultation

Secretary Chris Huhne

Added  NC13

To move the following Clause:—

‘A requirement for the Secretary of State to consult which arises under or by

virtue of this Act may be satisfied by consultation before, as well as consultation

after, the passing of this Act.’.

Energy efficiency aim

Luciana Berger

Huw Irranca-Davies

Tom Greatrex

John McDonnell

Negatived on division  NC1

To move the following Clause:—

‘(1)
The principal purpose of this Part is to deliver energy savings from the building

stock which will make commensurate contributions to—

(a)
the fulfillment by the Secretary of State of the duties under section 1(1)

(reduction of net UK carbon account by 2050) and section 4(1)(b)(carbon

budgets) of the Climate Change Act 2008; and

(b)
the elimination of fuel poverty by the target date required by section

2(2)(d) of the Warm Homes and Energy Conservation Act 2000.

(2)
In performing functions under this Part the Secretary of State will have regard

to—

(a)
the principal purpose set out in subsection (1) above, and

(b)
the recommendations from time to time of the Committee on Climate

Change where these are adopted by the Secretary of State.’.

Report Stage Proceedings: 14 September 2011
944

Energy Bill–[Lords], continued

Duty of the Secretary of State to improve energy efficiency

Luciana Berger

Huw Irranca-Davies

Tom Greatrex

John McDonnell

Not called  NC2

To move the following Clause:—

‘(1)
The Secretary of State must prepare and publish a plan for achieving the principal

purpose set out in section [Energy efficiency aim] in England.

(2)
The plan must establish specific aims and describe the proposed means of

achieving them, together with methods of reporting on progress towards meeting

them.

(3)
Where an aim is designated under this section, the Secretary of State must take

all reasonable steps to achieve the aim.

(4)
The plan prepared under subsection (1) must be published no later the 12 months

after the day on which this section comes into force.

(5)
The Secretary of State must, as soon as reasonably practicable after publishing a

plan under this section lay it before Parliament.

(6)
The Secretary of State must, within one year of each order setting a carbon budget

under section 8(1) of the Climate Change Act 2008, review the plan prepared and

published under this section.

(7)
Where, following a review under subsection (6), the Secretary of State varies the

plan, he must, as soon as reasonably practicable after so doing, publish the plan

as so varied.’.

Carbon emissions in local authority areas

Luciana Berger

Huw Irranca-Davies

Tom Greatrex

John McDonnell

Not called  NC3

To move the following Clause:—

‘(1)
Within 12 months of this Bill receiving Royal Assent the Committee on Climate

Change shall advise the Secretary of State about—

(a)
the scale of action needed in local authority areas to help meet UK

Climate Change Act carbon budgets;

(b)
climate mitigation and adaptation policies that are effective when locally

co-ordinated by councils.

(2)
The advice given under subsection (1) should include but not be limited to—

(a)
carbon emissions from a local authority’s own buildings and operations;

(b)
carbon emissions from the local area;

(c)
local renewable energy generation;

(d)
national carbon reduction initiatives delivered at the local level

(3)
The Committee on Climate Change may advise the Secretary of State on local

level adaption to climate change to ensure that individual local carbon budgets are

Report Stage Proceedings: 14 September 2011
945

Energy Bill–[Lords], continued

both appropriate for the circumstances of different local areas that the totality of

all local carbon budgets is consistent with the requirements of subsection (1)(a).

(4)
The Secretary of State must lay before Parliament a response to the advice given

by the Committee on Climate Change under subsection (1) or (2), within six

months of receiving the advice.

(5)
For the purposes of this section—

(a)
“budgetary period”, “carbon budget” and “national authorities” have the

same meaning as in Part 1 of the Climate Change Act 2008;

(b)
“local authority” means a county council or district council in England,

or a London borough council, or the Council of Isles of Scilly.’.

Climate change strategy for local authority areas

Luciana Berger

Huw Irranca-Davies

Tom Greatrex

John McDonnell

Not called  NC4

To move the following Clause:—

‘(1)
Local authorities must develop and promote a climate change strategy for their

local area.

(2)
In preparing the strategy, local authorities must take into account any advice

given by the Committee on Climate Change on local action to meet carbon

budgets.

(3)
In preparing the strategy, local authorities must consult with local residents,

businesses, social enterprises and co-operatives and other institutions.

(4)
Local authorities must publish and promote their local climate change strategy,

publish an annual report on progress towards carrying out the strategy and engage

with local citizens and community groups.

(5)
The Secretary of State must work with local authorities and the Local

Government Association to assist them in producing and implementing their

climate change strategies, taking into account any relevant advice from the

Committee on Climate Change.’.

Moratorium on offshore drilling in the Arctic and other fragile/hazardous environments

Caroline Lucas

John McDonnell

Not called  NC5

To move the following Clause:—

‘(1)
All companies registered in the United Kingdom for the purposes of the

Companies Act 2006, or currently engaged in offshore oil and gas exploration or

production on the continental shelf of the United Kingdom, shall be subject to a

moratorium on all offshore oil and gas activities in—

Report Stage Proceedings: 14 September 2011
946

Energy Bill–[Lords], continued

(a)
the Arctic Circle,

(b)
such environments as the Secretary of State shall deem appropriate, or

(c)
such areas or regions as the Secretary of State shall deem appropriate.

(2)
The Secretary of State shall, within six months of this Bill receiving Royal

Assent, cause to be published a list of all environments, areas or regions to which

this moratorium shall apply.

(3)
This moratorium shall apply—

(a)
until the Secretary of State is satisfied, on the basis of advice from an

independent scientific commission, that such operations can be carried

out without unreasonable risk to the environment; and

(b)
for a period of no less than five years from this Bill receiving Royal

Assent.’.

Local carbon budgets

Caroline Lucas

John McDonnell

Not selected  NC6

To move the following Clause:—

‘(1)
The Secretary of State shall—

(a)
within 12 months of this Bill receiving Royal Assent, report to

Parliament with proposals for the introduction of a system of local carbon

budgets consistent with meeting national Climate Change Act 2008

carbon budgets;

(b)
introduce the local carbon budget system to begin at the start of the

second national carbon budget period;

(c)
report to Parliament annually about the contribution of local strategies to

meeting UK Climate Change Act carbon budgets;

(d)
determine circumstances in which two or more councils may develop a

joint strategy for cutting greenhouse gas emissions in their areas.

(2)
The Secretary of State shall request advice from the Committee on Climate

Change about—

(a)
the scale of action needed in local authority areas to help meet UK

Climate Change Act carbon budgets;

(b)
climate mitigation and adaptation policies that are effective when locally

coordinated by councils;

(c)
ensuring that individual local carbon budgets are both appropriate for the

circumstances of different local areas and that the totality of all local

carbon budgets is consistent with the requirements of subsection (1)(a).

(3)
The proposals to be reported under subsection (1) shall include a duty on local

authorities to—

(a)
develop a strategy, through consultation with those groups and

individuals listed in subsection (3)(b), for cutting greenhouse gas

emissions across their local area in line with meeting their local carbon

budget;

(b)
work in partnership with local residents, businesses and stakeholders,

including social enterprises and co-operatives, community groups,

Report Stage Proceedings: 14 September 2011
947

Energy Bill–[Lords], continued

schools and hospitals, and other institutions in drawing up and

implementing the strategy detailed in (3)(a);

(c)
wherever possible, develop proposals consistent with a reduction in

greenhouse gas emissions in their local authority area of 90 per cent. by

2030, compared to 1990 emissions levels;

(d)
publish and promote an annual report on progress towards meeting their

local carbon budget; and

(e)
request additional powers or financial support from the Secretary of State

as they consider necessary to meet the duty set in section (2), which shall

not be unreasonably withheld.

(4)
Any regulations or order made under section (1) shall not be made unless a draft

has been laid before, and approved by, resolution of each House of Parliament.’.

Supplementing the Energy Company Obligation

Caroline Lucas

John McDonnell

Not called  NC7

To move the following Clause:—

‘(1)
The Secretary of State must, within six months of this Bill receiving Royal

Assent, report to Parliament with proposals on the ways in which the Energy

Company Obligation could be supplemented by—

(a)
revenues from the European Emissions Trading Scheme;

(b)
revenues from the Carbon Floor Price;

(c)
an additional tax on the profits of gas transporters and suppliers, and

electricity generators, distributors and suppliers; and

(d)
such other funds as the Secretary of State considers appropriate.

(2)
In considering the supplement to the Energy Company Obligation that may be

made by the sources of funds listed in section (1) the Secretary of State must

include an estimate of—

(a)
the extent to which the additional sources of funds listed in subsection (1)

could increase the contribution made by a carbon emissions reduction

target and a home-heating target to meeting—

(i)
the carbon budgets established under the Climate Change Act

2008; and

(ii)
the fuel poverty target established under the Warm Homes and

Energy Conservation Act 2000.

(b)
the extent to which the additional sources of funds listed in subsection (1)

could allow the Secretary of State to increase the level of a carbon

emissions reduction target and a home-heating cost reduction target

without increasing the cost of household gas or electricity bills.

(3)
The proposals reported under subsection (1) of this Clause must include an

assessment of the extent to which the Energy Company Obligation could make a

greater contribution to—

(a)
the carbon budgets established under the Climate Change Act 2008, and

(b)
the fuel poverty target established under the Warm Homes and Energy

Conservation Act 2000



© Parliamentary copyright	Revised 15 September 2011