Contracts for Difference (Sustainable Industry Rewards and Contract Budget Notice Amendments) Regulations 2026
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Lord Whitehead
That the Grand Committee do consider the Contracts for Difference (Sustainable Industry Rewards and Contract Budget Notice Amendments) Regulations 2026.
The Minister of State, Department for Energy Security and Net Zero (Lord Whitehead) (Lab)
My Lords, after all that, noble Lords have me all over again for this next one. We had a very interesting and absorbing debate on the last SI, with some very good points made, but I hope that this debate can move to a conclusion with reasonable alacrity. I will make a brief opening statement. These regulations were laid before the other place on 5 February 2026. I remind noble Lords that they still carry the legacy name of the policy, but it is now known as the clean industry bonus.
I will cover three points: first, the purpose and direction of the clean industry bonus in the next rounds of bidding for offshore and onshore wind, AR7, AR8 and AR9; secondly, how the regulations will support the continued evolution of the contracts for difference scheme; and, thirdly, why the clean industry bonus funding for offshore wind will now be conditional on applicants signing up to an offshore wind fair work charter and how we are using the policy to help drive a more strategic approach to skills.
I turn first to the scheme. Contracts for difference remain the Government’s principal mechanism for supporting new low-carbon electricity generation. The CfD has a strong track record in deploying renewables at pace while protecting consumers through competitive allocation. But as the offshore wind sector has matured, it has become increasingly clear that delivering clean power at the lowest cost is not on its own enough. We must also secure the industrial capability and resilient supply chains needed to build and maintain that infrastructure here in the UK.
That is the purpose of the clean industry bonus. It will provide additional CfD revenue support for offshore wind developers that commit to investing in UK supply chains, such as factories and ports, or those that invest in cleaner supply chains overall. Funding is allocated through a competitive process run ahead of the main CfD allocation round, with awards made on the basis of value for money and payments released only when commitments are delivered. The record of this is that, in allocation round 7, £204 million was allocated through the clean industry bonus, crowding in up to £3.4 billion of private investment into offshore wind factories, ports and supply chains across the UK. The scale of investment represents a significant vote of confidence in the UK’s supply chain and a strong return on public funding.
I now turn to the evolution of the scheme. These regulations will make targeted, practical improvements to allocation round 8—the next one coming up—simplifying the process for applicants, clarifying rules on budgets and ensuring that the scheme operates smoothly. In particular, the changes will speed up and streamline elements of the application process, reduce administrative burdens, provide a clearer legislative basis for how budgets can be set and communicated, and clarify the position where delivery is disrupted by events outside an applicant’s reasonable control. In addition, the regulations will update the scheme’s sunset arrangements so that the clean industry bonus may be applied only to a round established before 31 December 2028, unless Parliament wishes to prolong it. It is for AR7, AR8 and AR9. The Government also intend to extend the clean industry bonus to onshore wind from allocation round 9, providing a sensible lead-in period for that smaller industry to prepare.
My third and final point is on fair work and skills. The most significant change for allocation round 8 is that clean industry bonus applicants will need to sign up to the offshore wind fair work charter, a tripartite agreement between unions, business and government that aims to raise the standard of job quality in offshore wind and make jobs in the sector more attractive. The charter builds on forthcoming commitments in the Employment Rights Act 2025, in particular by asking that the offshore wind sector proactively implements voluntary access agreements for trade unions. It also includes a commitment to strive for best-practice health and safety standards that go beyond legal minima.
Our commitment to good jobs through the clean industry bonus does not stop at the fair work charter. We are pressing ahead with a skills investment fund that will help develop the skills needed for the clean energy transition. The idea is that offshore wind developers will pool together skills funding and initiatives rather than relying on individual projects trying to address short-term needs. The Government and the offshore wind industry have agreed that they will work together to set it up by 2027 and that it will be funded by existing developer contributions to the supply chain, not by asking for more money. Once that skills investment fund is up and running in 2027, developers will be asked to contribute to it as a condition of taking part in the CIB.
In conclusion, these regulations build on the foundations laid in allocation round 7. The success of that foundation is in front of us. They strengthen and supply the operation of the scheme and introduce provisions of fair work and skills. I beg to move.
Earl Russell (LD)
My Lords, I note at the outset that on these Benches we welcome the direction of travel as set out in this SI. These regulations aim to modernise the contracts for difference scheme and strengthen the clean industry bonus, previously the sustainable industry rewards, ensuring that our transition to net zero is not only greener but fairer and more locally grounded. We note the figures the Minister gave in his speech about just how much funding this SI can help levy into our green industry and our local green economies.
The Liberal Democrats have long championed the principle of clean industry growth that benefits and serves our communities, so we see the extension of the clean industry bonus framework to all CfD allocation rounds before December 2028 as a welcome and sensible move. Likewise, providing greater flexibility in budgets through new minima and maxima can, if well managed, encourage dynamism and adaptability in fast-changing energy markets. But that flexibility must be balanced, and we must make sure that obscurity does not creep in with that.
The move to express CfD budgets in total sums rather than pounds per gigawatt raises a question for us. How will Parliament and the public track whether these funds are allocated efficiently or indeed equitably between technologies and different technologies in different regions? If the Secretary of State can now set sub-budgets for different technologies, will there be transparent reporting mechanisms showing how these powerfully restrictive levers are used and on what evidence they are used?
The Government’s stated aim is to reward clean energy responsibility and community-based industry practices, and we support that wholeheartedly. Yet these regulations also compress the consultation window for future framework revisions from the original 30 days, I think it was, down to just 10. Are officials satisfied that the timescale is adequate, that it will not push out smaller-scale contractors and that they will genuinely be able to compete on a fair and level playing field?
The introduction of fair work standards for developers seeking the clean industry bonus is also welcome. If the green economy is to deliver social renewal alongside decarbonisation, it must be built on fair pay and secure conditions, with workers having a voice in their workplace. Requiring developers to adhere to the fair work charter negotiated with trade unions is overdue but is a very important and welcome reform. Can the Minister give me a sentence or two about how, when these measures come in, the Government plan to monitor and verify that they are being met? What reporting and monitoring mechanisms will exist, and how can the public have confidence in that?
Turning to the force majeure provision, I recognise why the Government have that clause in the contract, but it raises a question. Who makes judgments on that, and what are the objective criteria for making those judgments? Obviously, the Government want clear safeguards, as do we. We want to make sure this clause does not become a loophole through which binding supply chain commitments can quietly evaporate because of unforeseen circumstances.
The extension of the scheme’s life plan to the end of 2028 feels pragmatic, but it is also modest given that 2028 is not that far away. What are the Government doing to look beyond that 2028 framework, which is only three years away? Also, are they considering putting the clean industry bonus on a statutory footing and extending that timeline?
We welcome these commitments. Although we have a couple of questions, we very much welcome the direction of travel set out in this SI.
Lord Moynihan (Con)
My Lords, I declare my interest as the chairman of Acteon, a global specialist subsea services company that operates worldwide in offshore wind and oil and gas.
It is good that the Government are investing in UK supply chains. However, whether it is cables, batteries, inverters or critical minerals, the Government’s rush to meet their unrealistic clean power targets will make the UK more dependent on imports, particularly Chinese ones. With all the energy security risks that brings us, the world becomes more dangerous; I will concentrate on that in a moment.
The clean industry bonus provides additional CfD financial reward for offshore wind developers, provided they prioritise investment in regions that are most in demand or in cleaner supply chains—for example, traditional oil and gas. I assume that this also includes ex-industrial areas, ports and coastal towns. Ana Musat, the executive director of policy at RenewableUK, stated:
“The Clean Industry Bonus is a good starting point as part of a wider industrial strategy which the Government is due to unveil in full this summer, and which we hope will be complemented by new policies to support the expansion of UK ports. With larger ports, we could secure even more investment in offshore wind manufacturing and turbine assembly”.
We have already debated ports, particularly in the context of Northern Ireland, over three and a half hours in the Chamber. The reality is that most developments in ports are not going to take place for many years: in Belfast, electrification—the ability to charge—will not happen until 2035, and there is little sign of investment in ports across the United Kingdom. Can the Minister give the Committee greater clarity on exactly what he sees on the time of the rollout to support ports, modernisation and the level of investment?
On my reading, although it is good that the Government are investing in UK supply chains, the current timeline is too onerous on UK supplies; it is that timeline on which we really need to concentrate in the Minister’s response. Take NESO, which has observed that Clean Power 2030 will require more than £60 billion of private investment. It says that
“meeting the target would require the deployment of more supply-side technologies, such as onshore and offshore wind, solar energy and battery storage, on average each year to 2030 than there ever has been in a single year before”,
with
“nearly 1,000 km of onshore”
electricity network infrastructure
“and over 4,500 km of offshore network”.
It goes on to say:
“That is more than double over five years what has been built in total in the last ten”.
This is an issue: the question of timing and the headlong rush towards the target of 2030 are of major concern to my colleagues.
Two other aspects that cause concern have been raised; I hope the Minister will respond to them. The first is the supply chain and the offshore wind fair work charter, which has slipped in via the back door somewhat. In another place, the Minister stated that
“clean industry bonus applicants will need to sign up to the offshore wind fair work charter … The charter builds on forthcoming commitments in the Employment Rights Act 2025, in particular by asking that the offshore wind sector proactively implement voluntary access agreements for trade unions”.—[Official Report, Commons, Fourth Delegated Legislation Committee, 17/3/26; col. 4.]
We cannot see the final fair work charter that is intended. The draft charter and the draft code of practice for trade union access are still subject to government consultation so, as I understand it, are not final yet. I have certainly not seen the final drafts. It seems the wrong process to have this very important commitment at the centre of the SI without the opportunity for parliamentarians to review what is intended in detail.
We know that the draft code leans towards giving unions practical workplace facilities. It says that, “where practicable”, the employer should “provide a notice board” in a “prominent location”, allowing union material to be displayed without employer veto. Even if the employer or the employees do not want it, that is what is required. When needed, the employer should allow a union official on to the site to display it. It also points to meetings, surgeries and the use of workplace facilities. It even suggests joint meetings and joint notice boards as ways to deliver information.
It limits the employer’s ability to manage around union meetings. The employer should
“avoid the scheduling of other conflicting … events which would draw workers away from the union’s meeting. Unless reasonable in the circumstances, the employer should not offer inducements to workers not to attend”.
The example given is that employers should not tell workers that they can go home early instead of attending the union meeting.
The employer is expected to respond incredibly fast during that negotiation. If it rejects the union proposals, the code says that
“it should offer alternative arrangements … at the earliest opportunity, preferably within three working days of receiving the union’s initial proposals”.
This is probably the closest thing in the draft to the burden of very short notice that people are talking about. Many other aspects of this code are really concerning.
The central point I am making to the Minister is that it is vital to have sight of the final code and for us to be able to debate it. If that code is too onerous on the supply chain, we risk losing good-quality companies in the United Kingdom that could add value to the supply chain and to what the Government are seeking to achieve. We live in a highly competitive global market and, unless there is a reasonable approach towards what employers should and can do, we risk losing investment.
I emphasise to the Minister that the draft code of practice for trade union access is insufficient and, because it is still subject to government consultation, is not in final form yet. It really should have been presented to the House before these regulations were agreed.
My second point is about the security of our energy supplies and suppliers. Recent reports suggest that the Treasury may allow Ming Yang Smart Energy to supply turbines for the Green Volt North Sea wind farm. As I understand it—I look forward to the Minister’s confirmation—Ming Yang is planning £1.5 billion of investment to build the largest offshore wind turbine manufacturing facility, at Ardersier near Inverness. That this is a Chinese firm has led to considerable questioning from UK government officials who, I understand, are currently evaluating the proposal amid warnings from experts of potential security vulnerabilities—such as Chinese-manufactured sensors and potential kill switches in critical energy infrastructure. This comes on top of a series of initiatives that the Government have taken to engage with the Chinese, not least in our civil nuclear programme.
It concerns me that in wind and solar we now have the potential for our supply chain to be significantly impacted by Chinese manufacturers. We know that close to 90% of our solar panels come from China; all include polycrystalline. Of these imports, 45% are understood to come from the Xinjiang Uyghur Autonomous Region, where slave labour is known to have been used in the manufacture of solar panels. Despite the requirements introduced by the Secretary of State in the Great British Energy Act to take full responsibility for the ethical sourcing of solar panels, the Minister’s department has consistently been unable to assure parents, teachers and children alike that their newly installed solar panels have not been made by slave labour.
As I say, the secrecy surrounding the UK-China MoU aroused yet further suspicion on this, since co-operation with China has now been extended to the supply chains to include civil nuclear; charging infrastructure; battery storage; offshore wind; carbon capture, usage and storage; and renewable hydrogen. They are all identified in that MoU. Where are the resilience and security in our own energy sector to be found if we are opening wide the door to the Chinese, who are now setting up a wind turbine business in Ardersier?
I hope the Minister can respond to both those points. The fair work charter is a significant concern, as is the growing prominence of Chinese suppliers to meet the clean energy objectives that the Minister and the Government have set out.
Lord Whitehead (Lab)
I thank noble Lords for their important contributions to this debate. I did not hear any particular dissent from the idea that this is a good thing that will help British supply chains in offshore wind and, we hope, onshore wind, to develop significantly in the future. That will be done through a process whereby, in future rounds, those bidding for services will put in, as a pre-bid to the AR7, AR8 or AR9 bid itself, a notice of intent about what they will do as far as British supply chains are concerned and how they will source from them. When they get the additional CfD arrangement for doing that, the money will be released only when those commitments have been met. It is not a “money for pie in the sky” arrangement; it is very much a “money for pie firmly affixed to the ground” arrangement for the future.
Of course, one can never be sure exactly what commitments will be made by people putting forward their proposals to get into a particular realm but, certainly in AR7, they have covered all sorts of aspects of the supply chain, including port infrastructure, et cetera. The noble Earl raised the question of port development. A lot of investment is going into ports in general at the moment, and into the ability of ports to provide the sites for fabrication, et cetera, for offshore wind, as well as making sure that the ports are as well equipped as possible for Sea Jack-type erection vessels and so on. The idea is to thoroughly uprate investment in ports to support the offshore wind energy industry of the future.
The noble Lord, Lord Moynihan, was concerned about the fair work charter. I just looked it up: it appears on the government website and seems, pretty substantially, to be a final document. I am sorry not to have got my speech finished before the Division.
Lord Whitehead (Lab)
My Lords, votes in this House are tremendously helpful for securing clarity where maybe there was not clarity before in certain aspects. They are particularly helpful half way through a speech, enabling that speech to end on a clearer note than might otherwise have been the case.
I mentioned the offshore wind fair work charter to noble Lords just before we departed to vote this afternoon. It is true that the final offshore wind Fair Work Charter is now complete and live on GOV.UK, which I showed to noble Lords on my phone. However, it is also true to say that the Department for Business and Trade is pursuing a consultation on make work pay, which has many elements of the offshore wind fair work charter in it. That is what is not complete and is being consulted on at the moment. As far as the offshore wind industry is concerned, the charter that I have mentioned is complete and was, as far as I understand, extant before this SI.
Lord Moynihan (Con)
I am grateful to the Minister. Let me put to him my understanding of where we are at the moment, because this is a really important point. I majored on this so I have looked into it. We have the Fair Work Agency, of course, and we have the overview of what the offshore wind fair work charter will look like. A cornerstone of that charter for the offshore wind sector is the issue of trade union access. That was what I was concentrating on; I gave some examples on the record of the issues that trade union access would raise with companies. It is still a draft code of practice for trade union access. It is not finalised. It is still subject to consultation and, I assume, to an SI that will be brought before Parliament.
My position was therefore that while we were debating the importance of an offshore wind fair work charter, we were unable to be specific about what it would include, particularly on the cornerstone point of access for trade unions to companies in this sector. That is the important point. It has yet to be finalised, and I understand that there will be an SI in due course. My point was that it would have been better for us to look at that in the context of a complete offshore wind fair work charter, so that employers could understand the issues about trade union access, and a final code of practice for that access.
Lord Whitehead (Lab)
I thank the noble Lord for that clarifying intervention. Essentially—forgive me for putting it quite like this—both of us are more or less right: the charter is there and has been there for a little while. But obviously, once a charter is up on the noticeboard, as it were, there are details of its implementation still before us. One of them is that question of the detail—not the principle—of trade union involvement in the offshore wind industry as a whole, and the requirement that from AR8, the companies involved in bidding sign up to that fair work charter overall.
One important thing to say is that the whole process of the fair work charter has been tripartite throughout, with government, industry and unions all involved in setting up the charter itself and its consequences. It is not that anyone is going to impose anything on anybody; it will be a question of continuing tripartite involvement and interest in the detail of the fair work charter, as well as the charter itself. While I take the noble Lord’s point that in an absolutely ideal world it would have been a good idea if the sub-details of the fair work charter itself had all been worked through, in the real world it is very seldom possible to do that when something comes into place. I think he will appreciate that trying to get this in place so that it runs for AR8 and onwards, for example, is an important process of pace. Therefore, having the principle in place, with everyone clear what they are supposed to sign up to for AR8, is an important move in its own right.
Lord Moynihan (Con)
Indeed, the Minister is right as well. The key point, however, is one of emphasis. To me and to my colleagues, and to companies that may access government funding through this scheme, not to know the detail of what is proposed through the draft code of practice for trade union access negates, to a great extent, the initial tripartite agreement, because that agreement can hold only when all three parties to it know the details.
I am not disagreeing with the Minister’s overview about the Fair Work Agency being in place and the fair work charter being drafted. But I am genuinely concerned that if government money is to be made available to companies in this sector—and we are really looking to encourage UK companies and international companies to come and play an important role in the supply chain—we need to have those details before we trumpet an offshore wind fair work charter without actually seeing them. I do not think that is an unreasonable point to make.
Lord Whitehead (Lab)
I thank the noble Lord for that point, which confirms that we are both substantially rightish. In some subtexts of the overall charter, there are still some things to be sorted out, but not the charter itself. It should be pretty clear to companies what they are signing up for and what they will be required to undertake once they have signed up for it. The question of how that then works out in detail over the period is a live issue, but it is not an issue that overthrows the charter and its clarity. I am not sure we can take that any further today, but I am happy to engage with the noble Lord offline if he needs clarification on any further points.
The noble Lord also mentioned something we have discussed on several occasions: work practices in the supply of some components for low-carbon industry. He mentioned solar panels, obviously, but that issue potentially applies to other things as well. I can only repeat the points about the Government’s efforts to ensure that slave labour is not used in components that are coming to the UK, but I add a further qualification in that the money for which companies bid as they go into allocation rounds allows, among other things, for those companies to use not necessarily the cheapest tender but the tender that is most suitable for the development of both the UK supply chain and good, ethical working practices in the industry, which are part of the fair work charter. So one would expect those companies to be actively engaged in ensuring that what they are committing themselves to, as far as UK supply chains are concerned, includes the sorts of consideration that the noble Lord mentioned. Indeed, supply chains that one can absolutely say are not engaged in slave labour, because they are based in the UK, will be a substantial underpinning of this whole process.
We have exhausted pretty much all the available avenues on this SI, but I will briefly address the questions asked by the noble Earl, Lord Russell. He was very supportive of this measure but was particularly concerned about whether it should be a permanent part of the process. He questioned why there is a sunset clause in the Bill for 2028. Of course, that sunset clause encompasses three allocation rounds, and I hope an awful lot of investment will have been secured in those three rounds, but the Government wanted to make sure that, for the long term, that remains the right thing to do. There may well be, in future allocation rounds—if they have been a great success in the earlier rounds—better uses for those particular commitments than are in this SI today.
It is important that we learn from what happened in AR7. We will see what happens in AR8. That, hopefully, will culminate in AR9, at which point we can review and decide the long-term future of this mechanism and, indeed, whether it can be used for different and wider purposes in the future, as mentioned by some noble Lords today.
The overall welcome by noble Lords for this measure is certainly very welcome. On that basis, I hope the SI will secure unanimous support.