Energy Performance of Buildings (England and Wales) (Amendment) (No. 2) Regulations 2015 — House of Lords, 2015-12-16
Topic: Environment
Jonathan Toby Harris (Labour, Centre-left): My Lords, I start by declaring my interest as chair of the National Trading Standards Board. None of the projects that it funds is directly engaged in the work involved here. It is important that I put that on the record. Perhaps I sounded critical to the noble Lord, Lord Teverson, but one of my concerns about these regulations is the extent to which they take us anywhere significantly close to the direction of the issues that he highlighted in terms of climate change and energy efficiency. As I understand them, these regulations place an obligation on local authorities to check that public buildings, not private buildings, display a notice that states how energy efficient they are. While I appreciate that that can concentrate minds and makes those running the buildings at least think about what is on the notices, I do not believe that they actually make an enormous amount of difference. But I understand that the Government have these requirements I have to say that to a casual observer, you cannot but be impressed by the zeal and enthusiasm with which the party opposite embraces any regulation that emerges from Brussels. On this one in particular, it has gone out of its way to say that it is critically important. Indeed, I am in awe of the enthusiasm with which they are pursuing it because of its connection with climate change. The noble Lord, Lord Lawson, is not in his place, but I know how united the Conservative Party is behind issues that address climate change. But, as I say, the zeal with which it has brought forward these regulations, in such a rushed fashion that there was no opportunity to talk to the people expected to enforce them, seems to be what many people would call absolutely admirable. It must demonstrate the commitment of Her Majesty’s Government, first, to implementing all EU regulations as rapidly as possible, and secondly, to taking this important—albeit infinitesimal—step in the direction of protecting us from climate change Let us be clear: nothing is more important for a busy trading standards department than making sure that every public building, not in its area but in a neighbouring area, is displaying the right piece of paper within the public gaze that states how much energy that building is using. I agree that it is an incredibly important thing that local trading standards departments should be doing. If they had the resources to take this on board easily, I might not be concerned, but the reality is that it is not like that. The effect of the regulations is that they are saying to extremely busy, and in many instances very small, trading standards departments that they have to prioritise this requirement on them above all others. As my noble friend Lady Crawley has said, over the past 10, 20, 30, 40 or 50 years, there have been 250 or more pieces of government legislation that are supposed to be enforced by local trading standards Local authority trading standards have been cut in budgetary terms by 40%. We do not yet know what the implications will be in the statement to be made tomorrow about local authority finance. We have seen staffing levels reduced by 50%. Yet there are 250 obligations which they are expected to enforce. I was tempted to read them to your Lordships, even at this late hour. There are 29 pages of regulations. If the noble Lord wishes me to do that, I will. It makes exciting reading. But within all this, this is yet another requirement and it has been given particular priority by these regulations. This is virtually the only one of those 250 legal obligations where there is a requirement placed on the local authority to produce an annual report on how it has fulfilled its obligations in respect of that area of activity. It is vital to check that public buildings are displaying these notices. But why is this requirement the one on which a local authority must produce an annual report on the progress it is making as regards implementation My first question to the Minister is: what resources are being made available? My noble friend talked about £3 million. How do we know that that £3 million is there, even if that is the figure? If a local authority budget has been cut by 10% or 20%, how do you know that that little bit of money is there? What is there to make sure that the local authority says, "Oh yes, above all else we must prioritise checking that public buildings display a notice because that is far more important than anything else we do"? If the Minister cannot say where this money is coming from, could she tell us which of the other 250 obligations placed on trading standards the Government expect the local trading standards departments not to follow? No doubt her brief will tell us that this is a matter for local decision—that local authorities are autonomous and that they make up their own minds. The reality is that central government, month upon month and year upon year, with these regulations—there are other examples—are placing additional obligations on local authorities to implement them without the resources to do it. So what should they stop doing How many civil servants will be employed to scrutinise these annual reports from trading standards authorities? Who will look at them? If the answer is that no one will look at them, what is the point of a regulation which requires that an annual report is produced? If, however, there is going to be a special unit created in the Department for Communities and Local Government to check these reports, what will they do if a local authority, having thought about its budget and all its other priorities—my noble friend Lady Crawley has talked about them—says, "Well, we have done nothing in the previous year and we don’t intend to do anything next year in respect of enforcing this duty"? What will happen to that local authority? If nothing is going to happen, again, what is the point of these regulations My noble friend referred to hoverboards. In fact, her data were a week out of date. The flood of unsafe hoverboards into this country is rising. It is not 17,000 that have been checked by trading standards; it is 38,000. Of those, where the tests are back, 32,000 are dangerous or non-compliant. In some cases they are so dangerous that they can cause house fires. That seems to me to be a priority for local trading standards—to try to protect people who plug them in to charge overnight on Christmas Eve with the result that their homes burn down. I want the noble Baroness to tell us why, above all other trading standards duties, this one is picked out and must have an annual report, what the Government will do if it is not implemented and what they expect local authorities to give up if they are to follow the letter of the regulations.