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Mr. Timms: I am pleased that the new clauses have attracted the support that they have, although it is slightly churlish to complain that it has not been possible to consult as widely as might have been ideal, because the proposals were not in the Bill when it started its journey through Parliament. They have been added since, and much credit is due to officials for their efforts in providing a worked-up set of clauses to add to the Bill. Of course, we will need much consultation and discussion beyond this stage about how the framework will be put into practice.
The hon. Member for Tewkesbury (Mr. Robertson) is right to say that the new clauses contain a permissive power: the Secretary of State will not be required to introduce a scheme but may decide to do so following consultation. My hon. Friend the Member for Southampton, Test (Dr. Whitehead) described a model for the obligation that sounded very similar to the renewables obligation, which has an increase each year and a future period during which the obligation applies. As I said in opening the debate, the clauses are closely modelled on the renewables obligation, so progress could be made on such a model using these clauses. We want to have a full discussion with the industry and others—including the association mentioned by the hon. Member for Tewkesbury, for example—to ensure that we get the details absolutely right before we decide whether to proceed. The new clauses would allow us to do that.
The hon. Member for Hazel Grove (Mr. Stunell) asked about biofuels produced using some fossil energy. We can address such details in secondary legislation, and we will consult on them, but in principle the clauses would allow blended biofuels of the kind that he mentioned. Time has been tight, but the benefit is that we have worked-up clauses that will, if we choose to do so, allow us to introduce an obligation for which I sense there is wide support on both sides of the House.
On the question put by the hon. Member for South-West Hertfordshire (Mr. Page) about imports and domestically produced material, the answer will depend in part on how the obligation is framed. We shall certainly have to take account of that when we undertake the work, but the hon. Member for Hazel Grove is right: the main aim of the measure is to achieve carbon savings, whether the biofuels are made in this country or elsewhere. There could be a big prize for UK agriculture and industry, and if we decide to proceed I hope that we shall be able to realise it.
13 Jul 2004 : Column 1338
Question put and agreed to.
Clause read a Second time, and added to the Bill.
New Clause 8
'(1) An RTF order may, for the purposes of provision made by or under this Chapter, appoint a person as the Administrator.
(2) Such an order may—
(a) confer or impose powers and duties on the Administrator for purposes connected with the implementation of provision made by or under this Chapter;
(b) confer discretions on the Administrator in relation to the making of determinations under such an order and otherwise in relation to his powers and duties; and
(c) impose duties on transport fuel suppliers for purposes connected with the Administrator's powers and duties.
(3) The powers that may be conferred on the Administrator by virtue of subsection (2) include, in particular—
(a) power to require a transport fuel supplier to provide him with such information as he may require for purposes connected with the carrying out of the Administrator's functions;
(b) power to impose requirements as to the form in which such information must be provided and as to the period within which it must be provided;
(c) power to impose charges of specified amounts on transport fuel suppliers.
(4) Sums received by the Administrator by virtue of provision within subsection (3)(c) must be used by him for the purpose of meeting costs incurred by him in carrying out his functions as the Administrator.
(5) The duties that may be imposed by virtue of subsection (2)(c) include, in particular, duties framed by reference to determinations made by the Administrator.
(6) Only the following persons may be appointed as the Administrator—
(a) a body or other person established or appointed by or under any enactment to carry out other functions;
(b) a body established by virtue of subsection (8).
(7) Where provision is made by an RTF order for the appointment of a body or other person within subsection (6)(a), such an order may make such modifications of any enactment relating to that body or person as the Secretary of State considers appropriate for the purpose of facilitating the carrying out of the functions of the Administrator.
(8) An RTF order may—
(a) establish a body corporate to be appointed as the Administrator;
(b) make provision for the appointment of members of that body;
(c) make provision in relation to the staffing of that body;
(d) make provision in relation to the expenditure of that body;
(e) make provision regulating the procedure of that body;
(f) make any other provision that the Secretary of State considers appropriate for purposes connected with the establishment and maintenance of that body.
(9) The provision that may be made by virtue of subsection (8) in relation to a body corporate includes, in particular, provision conferring discretions on—
(a) the Secretary of State;
(b) the body itself; or
(c) members or staff of the body.
13 Jul 2004 : Column 1339
(10) The Secretary of State may make grants to the Administrator on such terms as the Secretary of State may determine.'.—[Mr. Timms.]
Brought up, read the First and Second time, and added to the Bill.
New Clause 9
'(1) An RTF order may make provision about how amounts of transport fuel are to be counted or determined for the purposes of provision made by or under this Chapter.
(2) The provision that may be made by virtue of this section includes, in particular—
(a) provision for amounts of renewable transport fuel to count towards discharging a renewable transport fuel obligation for a period only if the fuel is of a specified description;
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