Local Government and Communities Committee, 29 Oct 2008
Meeting date: Wednesday, October 29, 2008
Official Report
217KB pdf
Subordinate Legislation
Energy Performance of Buildings (Scotland) Regulations 2008 (SSI 2008/309)
Good morning and welcome to the 26th meeting in 2008 of the Local Government and Communities Committee.
Agenda item 1 is subordinate legislation. The regulations under consideration are a negative Scottish statutory instrument. Members have received a copy of the instrument and have raised no concerns on it, although I have had notice this morning that some questions arise. No motion to annul the instrument has been lodged. The Subordinate Legislation Committee raised two concerns on the instrument with the Scottish Government. Details of those concerns and the Scottish Government's response are contained in committee paper LGC/S3/08/26/2. I invite members to discuss the instrument, should they wish to do so.
I do not have a problem with the instrument—it is incumbent on all of us, as individuals and as Governments, to consider how much energy we use and to reduce our carbon footprint. I hope that my questions will be taken in that context.
My questions are about the practical measures relating to the introduction of the regulations. If I put my questions on the record, hopefully someone will come back with some answers. First, the introduction of the instrument represents an additional burden for social landlords—both housing associations and councils. Will social landlords' budgets be increased to cover the cost of energy performance certificates, including software development and necessary training?
Secondly, will the Scottish housing quality standard incorporate the recommendations? Will it be updated to do so? Finally, will funding be made available to take forward any EPC cost-effective recommendations? Clearly, we would want to ensure that the recommendations within the SSI are considered, that we get best practice and that any burdens are therefore reduced to a minimum. If I get a response to my questions, I am even more likely to support the SSI.
Mary Mulligan's questions will have to be answered before we report to Parliament on the regulations. Cost implications will also arise for private landlords, who represent a significant part of the market. Those implications, too, should be examined.
We must bear it in mind that the origins of the regulations lie in a European directive that we are required to implement in some shape or form. We will have to establish whether we have implemented the directive in the most cost-effective manner. Among member states, there appears to be wide divergence in how European directives are implemented, and it has been suggested that some states are more enthusiastic about gold plating them than others. That point, which has been raised before in reports from parliamentary committees, should also be considered.
At the end of the day, who will decide on the regulations in relation to the directive? The annex of the directive says that member states will decide, but the Scottish Parliament and Scottish Government do not represent a member state. Will anything that is agreed in Scotland be subject to approval by the United Kingdom Government?
A number of questions have been raised, which will help the committee clerks to write to the Scottish Government. The clerks will arrange for this agenda item to be carried over to next week. Do members agree to proceed to our next item?
Members indicated agreement.