Electricity and Gas (Carbon Emissions Reduction) Order 2008

My Lords, I understand that I have a right of reply. I am well aware that many noble Lords are waiting for the next business, and I will be extremely short. I have to say that the noble Lord has totally failed to satisfy me. He has once again had to apologise for the failure of the system even to get a letter into my hands. I was in the House last night until nearly 10 o’clock; I arrived here this morning before 10 o’clock. I have not had the letter. What on earth goes on? One finds the noble Lord, Lord Rooker, apologising for his department again and again—we have had that in relation to other issues. I feel sorry for him because it is very difficult to lead a department, which is basically a failed department. The noble Lord has not answered the question. This three-year period starts next April; the 40 per cent runs from next April. He has described the very limited pilot schemes that will take place before then. I said in Committee, and I say again, I am sure that that is the way ahead, but why only now? This system and its predecessors have been running for years. Why has not anybody thought of letting HM Revenue and Customs, the Department for Work and Pensions and the local authorities distribute the leaflets to the targeted households until last year? That is why the amendment refers to the failure of the Government, "““to mobilise its sources of information to target the measures””." It is all very well, if I may say so, for the noble Lord to say, ““Of course Ofgem does not have to impose the full 10 per cent””. I discussed this with officials yesterday. The answer is, they say, that if it puts too high a penalty it can be subject to judicial review for being unreasonable. There is no appeal. The only thing that the company can do is to go to the courts on judicial review and say, ““This is unfair. This is what we have tried to do, but the Government’s system has been so defective that that is why we failed””. Finally, I am not pressing the amendment to a vote because it is right that the Government should be tackling the energy efficiency of the household sector. Most of this order is directed to that. I think that they are guilty of severe maladministration in relation to the priority group, but we do not want to stop the order going ahead for the rest of the household sector. Further, any changes to be made could be made in the Energy Bill, which is before the other place. I think that that is the right way ahead. I beg leave to withdraw the amendment to the Motion. Amendment, by leave, withdrawn. On Question, Motion agreed to.