Housing and Regeneration Bill

moved Amendment No. 93: 93: Clause 88, page 41, line 12, leave out subsections (11) and (12) and insert— ““( ) The regulator shall perform its functions in a manner which— (a) minimises interference, (b) is proportionate, consistent, transparent and accountable, and (c) complies with any duty of the regulator under section 22 of the Legislative and Regulatory Reform Act 2006 (c. 51) (code of practice).”” The noble Earl said: My Lords, Amendment No. 93 was inspired by the National Housing Federation. It deals with the objectives of the regulator in Clause 88 and bears some similarity to my Amendment No. 102ZD, which was debated in Grand Committee. I have changed it slightly to take into account some concerns raised in Grand Committee, and I hope that the Minister will find the new amendment acceptable. The point is to make clear how the regulator goes about meeting its objectives under this clause. The amendment simply replaces objective 10, because I do not think that, as the Bill is drafted, it is really an objective at all—it is the manner in which the other objectives are to be performed. My amendment just makes that point clear; it is nothing more sinister than that. Objectives 1 to 9 are all about what the regulator does. My amendment tells the regulator how it should operate. Proportionality and minimising interference are very important. If the regulator follows those principles, we are much more likely to have a fair, efficient system. They should apply to all the objectives; they should not be seen as another objective that the regulator strives to achieve but must balance with nine others. It is not an either/or choice here; it is, as the noble Baroness, Lady Hamwee, said in Grand Committee, "““an overarching approach that applies to all the objectives””.—[Official Report, 11/6/08; col. GC246.]" The Minister said in Grand Committee that she worried that Amendment No. 102ZD, as it was then, would send the wrong signal and that tenant confidence would suffer if she accepted it. My new amendment, as noble Lords can see, would be inserted towards the end of Clause 88. I have done that because I want to send a signal that the amendment is not to be seen as an attempt to water down or override objectives 1 to 9. I say again that my amendment is not another objective but instructions to the regulator on how best to perform. In Grand Committee, the Minister said that minimum interference is, "““of course, a working principle””.—[Official Report, 16/6/08; col. GC307.]" I am sure she will agree with me when I suggest that if the working principles of minimal interference and proportionality are applied to how the regulator performs on all its objectives, along with consistency, transparency and accountability, then tenant confidence will in fact be boosted, not undermined. I beg to move.