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(b)   contravention of the provision would be an offence under section 35 above.

(4)   In subsection (1)(b) above, "the relevant date" means the date on which evidence sufficient to justify the proceedings comes to the knowledge of the person commencing the proceedings.

(5)   In the case of proceedings commenced by a local authority—

(a)   evidence is to be regarded for the purposes of subsection (4) above as sufficient to justify the proceedings if in the opinion of the proper officer or an authorised officer it is sufficient to justify the proceedings, and

(b)   a certificate of the proper officer or, as the case may be, that authorised officer as to the date on which evidence which, in his opinion, was sufficient to justify the proceedings came to the knowledge of the person commencing the proceedings is to be conclusive evidence of that fact.

(6)   Subsection (1) above does not apply in relation to a contravention of any provision contained in building regulations which was committed before that provision was designated under subsection (2) above."

(2)   In section 53 of that Act (effect of initial notice ceasing to be in force), after subsection (6) insert—

"(6A)   Subsection (6) above is without prejudice to any ability which, after that function has become exercisable, the local authority may have under section 35A above to commence proceedings for the offence after the end of that period of six months." '.—[Yvette Cooper.]

Brought up, and read the First time.

12.15 pm

The Minister for Housing and Planning (Yvette Cooper): I beg to move, That the clause be read a Second time.

Madam Deputy Speaker: With this it will be convenient to discuss the following:

Government new clause 6—Building regulations to emissions and use of fuel and power: report regarding compliance

Government amendments Nos. 54, 56 and 57.
 
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Yvette Cooper: I congratulate my hon. Friend the Member for Edinburgh, North and Leith (Mark Lazarowicz) on all the work that he has done on the Bill, and my hon. Friend the Member for Southampton, Test (Dr. Whitehead) on his work on the issues relating to building regulations that are raised in the new clause. I also welcome the work that was done in Committee on this issue.

New clause 5 extends the time limit within which local authorities may bring prosecutions for breaches of those parts of the building regulations designed to conserve fuel and power. We will be strengthening those regulations—known as part L—from 6 April, so that buildings will be 40 per cent. more energy efficient than in 2002. They are particularly important in tackling climate change when building new developments.

If the regulations are to make a difference, they need to be complied with. The new clause will increase the time limit for action, so that if local authorities discover a breach up to two years after it has taken place, they can still take action in the courts, rather than having only six months, as they now do. New clause 6 also promotes greater compliance by asking the Government to report back to Parliament on the issue. Extending the time limits for local authorities to take action could improve compliance with all aspects of the building regulations, and we would like to extend to two years the period relating to all aspects of the regulations. However, only certain parts of the regulations fall within the scope of the Bill. We have therefore taken this opportunity to extend the time limit for the regulations relating to energy efficiency, but it is important to recognise that other aspects of the building regulations also need improvement in order to increase compliance.

Mr. Forth: Is the Minister not worried that this could cause confusion? If we are to have two different regimes operating, people might be unaware that only a partial change has been made. They might not know the status of each type of regulation, and whether it had a time limit of six months or two years. Will that not create difficulties?

Yvette Cooper: Clearly, it would be better to be able to extend the time limits for all the building regulations at the same time, but that is not within the scope of the Bill. However, we shall seek to extend the provisions to all the other regulations at the earliest opportunity. It is right that we should make the most of this opportunity, given the impact that it could have on improving compliance with the energy efficiency regulations, and the benefits that that could have for addressing climate change.

Michael Fabricant (Lichfield) (Con): Is the Minister aware of my concern that building regulations have driven a lot of good electrical engineers out of business? Will she assure me that the new clauses will not adversely affect such traders?

Yvette Cooper: I cannot see why the new clauses would affect such traders in any way. They are simply about giving local authorities more chance to pursue breaches of compliance, and it is right that they should be able to do so.
 
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New clause 6 requires Ministers to report back to Parliament on the steps taken to improve compliance with part L and related provisions. We intend to do that, and we take the matter very seriously. If the Bill passes in a timely way, it is our intention to make the report in January 2007 and to include in it matters such as pressure testing, which we are introducing from this April.

The new clauses will be a helpful way of improving compliance with the building regulations. Given the importance of having high standards in the new homes that we need for the next generation, the provisions will add considerable value to the Bill.

Gregory Barker: When this issue arose in Committee, it usefully exposed a flaw in the Bill which we thrashed out at the time. I am glad that the Government have been as good as their word, and I thank the Minister for returning with a sensible proposal that I am sure all members of the Committee will welcome.

Extending the time within which prosecutions can be brought must not send local authorities the message that they can relax, and can delay investigation of breaches. The provision is not a way of buying them more time; it constitutes a recognition of the importance that we attach to effective enforcement.

As the Minister has heard, there was considerable dissatisfaction with her Department in Committee. While that was articulated by Opposition Members, including me, I think that it was felt throughout the Committee. I am pleased to see the Minister here today, however, and I hope that the constructive way in which she approached the Committee's deliberations on this issue will be reflected in more constructive consideration of other matters in relation to which concern about her Department was expressed in Committee.

Dr. Whitehead : I welcome the new clauses. One of the Bill's aims is to ensure that account is taken of ways in which new build can deal with its own energy needs and consumption, which will not be possible in the long term without proper compliance with building regulations in their current or future form. The new clauses make that possible in a practical fashion, and I thank the Minister for proposing measures that will increase the breadth of the Bill.

Andrew Stunell (Hazel Grove) (LD): I welcome new clause 5. There is clear evidence from the Building Research Establishment that most new homes do not comply with the current building regulations. As we raise standards—regrettably, not fast enough or far enough—the risk will increase, as will the need for effective enforcement.

I am pleased that the Minister has proposed these measures. As we heard from the hon. Member for Bexhill and Battle (Gregory Barker), in Committee her Department was subjected to sustained criticism from me, among others, because of its unambitious approach to the implementation of effective building regulations and improvements in energy efficiency and conservation, not just in the housing sector but throughout the built environment.

I hope that, having taken this important step, the Minister will take a second look at the Sustainable and Secure Buildings Act 2004, which I was fortunate
 
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enough to promote successfully in the House. The Act proposes that a responsible and accountable person should carry the can for compliance with regulations in the case of each building project. Enforcement becomes a great deal easier if someone on the contracting side is responsible for compliance.

I also welcome new clause 6, which gives the Government a duty to report. I hope that it will give Parliament an opportunity to remind the Minister annually that we still think she has not done enough to bring this part of her Department's work under control.

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