Consumers, Estate Agents and Redress Bill [HL]

I acknowledge and empathise with the case given by the noble Baroness, Lady Miller, which is food for thought. I agree absolutely with the noble Baroness, Lady O’Cathain, that these issues are of great concern. The role of Energywatch in dealing with disconnections will be transferred to the new NCC. A clear objective of the new council is that it will retain the expertise from the current body. The work that goes on now in Energywatch and Postwatch will be transferred to the new body. As regards the vulnerable consumer and the points raised by my noble friend Lord O’Neill, which I take on board, this is a new statute with a new definition. The definition does not have to be interpreted in the light of previous definitions, although they may be helpful. The words have their ordinary meaning. We want to leave it to the council to interpret what is meant by ““vulnerable consumer””; there is no legalistic framework. Amendment No. 53 would add after the word ““vulnerable”” in Clause 11 the words ““or otherwise disadvantaged””. I recognise the intention behind the amendment, but I consider that the term ““vulnerable”” provides the necessary flexibility for the council to interpret such cases in accordance with changing circumstances and developing views on how to define those in greatest need in society. Also under Clause 11, Amendments Nos. 59 and 60 would place the council under a duty, rather than providing a power, to investigate a complaint by a designated consumer and to provide advice and make representations where it appeared to the council that it was appropriate to do so. This would be onerous because the council might decide that the complaint could be dealt with more effectively by another party under Clauses 13 or 14, for example. Amendment No. 65 to Clause 12 would expand the list of complaints by consumers to be assisted by the council in circumstances involving a disconnection of premises from the supply of electricity or gas. I am sympathetic to the intention behind the amendment, referred to eloquently by the noble Baroness and my noble friend Lord O’Neill, and we will need to consider what can be done about this issue. However, for the time being, for the reasons I have given, I must resist the amendments.