Housing and Regeneration Bill

My Lords, as always, I admire the way in which the noble Baroness, Lady Finlay, marshals the evidence and makes the case. This is a serious issue, and the contributions from the noble Lords, Lord Best and Lord Dixon-Smith, were very thoughtful. We discussed this in Committee. I know that the noble Baroness is keen to see action from the Government on this matter. She correctly anticipated what I have to say, but that does not mean that I have not listened very hard to noble Lords. The noble Lord, Lord Best, said that this is not the right Bill, but let me answer the points raised by explaining what we are thinking of doing in the future. This group of amendments would place various duties and requirements on the regulator which relate to reducing exposure to extremely low frequency electric and magnetic fields—I shall use the shorthand of ELF EMF. Amendments Nos. 92A and 94A relate to the fundamental objectives of the regulator. Amendment No. 92A specifies that pursuit of the regulator’s objective to ensure tenants an appropriate degree of protection includes protecting them from any risk arising from exposure to ELF EMF, whilst Amendment No. 94A would allow the Secretary of State to add to the regulator’s objectives. As I have said many times in the course of the Bill, the objectives are high level and guide the regulator’s behaviour; they are not designed to refer to such specific issues. The regulator has no authority over where homes are sited. Its role is to ensure good management of existing homes, wherever they are. Amendment No. 94A would give the Secretary of State the power to micromanage the regulator, giving it new tasks and changing its focus whenever she liked. That is inconsistent with the Cave review, which proposed that the regulator should be as independent as possible. We have given the regulator 10 high-level objectives which it must balance in performing its functions, and we do not want to add to those. As I have said, the regulator has no control over where homes are sited. Therefore I cannot accept Amendment No. 119B, which would grant the regulator power to set standards to include the distance from overhead transmission lines that housing must be built, the levels of ELF EMF permitted within housing and the locations of housing intended for occupation by families and children. The regulator will not issue standards on such matters. The noble Baroness and the noble Lords who have spoken are driving much deeper than the detail of the amendments. As I did in Committee, I can reassure the noble Baroness that the Government take this issue very seriously. There are already guidelines in place in this country to protect people from exposure to ELF EMF which are based on the established effects of exposure to these fields. In addition, we are currently considering the need for additional practical precautionary measures to reduce exposure to ELF EMF. In another place, my honourable friend Iain Wright will be taking forward discussions with Ministers in relevant government departments to inform the Government’s policy on this issue. We will not be in a position to set that out until later this year. I will ensure that the noble Baroness is fully informed of those discussions—she may like to share in them—with the relevant Ministers. I have listened closely to what she said about the way she thinks we should go forward and I will ensure that that is also put within reach of the Minister. Any measures which are appropriate to limit the exposure of the public to ELF EMF should apply at the national level. It is not appropriate to place individual responsibilities and duties on the regulator, as it would be subject to the same statutory control and regulatory frameworks or guidance concerning exposure to ELF EMF as any other body. That rounds off the argument. I hope that, with those assurances, the noble Baroness will understand that the Government are alive to and concerned about the issue she raises.