Energy Prices Act 2022 (Extension of Time Limit) (No. 2) Regulations 2026

Baroness McIntosh of Pickering Excerpts

Wednesday 15th July 2026 Grand Committee

[The Minister of State, Department for Energy Security and Net Zero (Lord Whitehead) (Lab)]

My Lords, these draft regulations were laid before the House on 8 June and, in case noble Lords think we are suffering from a small dose of déjà vu, similar regulations, which we debated at the time, were laid months ago for reasons that I will come to in a moment. Further regulations were laid concerning Northern Ireland a little while after that.

As the background to this SI, the Government acted in the Autumn Budget to reduce electricity costs to the benefit of all households with a domestic electricity meter by scrapping the energy company obligation— ECO—scheme and moving 75% of the domestic costs of the renewables obligation to the Exchequer. We have been able to provide immediate savings for households in kind. These actions also mean that the energy price cap grew by less than it would otherwise have done on 1 July this year.

On 27 May, Ofgem announced that the price cap level for the period from 1 July to 30 September would be set at £1,862—an increase of £221 from April. The changes that we made at the Autumn Budget are still factored into bills and, without that action, the price cap would be significantly higher.

This concerns the transfer of 75% of the levies on the renewables obligation scheme to the Exchequer. The renewables obligation scheme exists to incentivise UK renewable electricity generation through a system of tradeable certificates. Of course, it is not a current scheme—it closed to new applications in 2017—but existing sites will continue to receive support until the scheme ends in 2037. The scheme has been instrumental in taking a nascent renewable energy sector to where it is today, with the scheme supporting around 30% of total UK electricity generation.

The core of the renewables obligation scheme is a process in which electricity suppliers purchase certificates from renewables generators. This process continues unchanged. However, previously, suppliers ultimately recovered the costs of complying with their renewables obligations from consumers via electricity bills. Ofgem considered these costs when setting the quarterly price cap for domestic consumers in Great Britain.

From 1 April, the Government have instead been providing grant funding to electricity suppliers to cover 75% of the cost of these obligations attributable to domestic energy supply in GB. We have given a legal direction to electricity suppliers requiring them to pass these savings on to domestic consumers. Translated into the typical dual-fuel bill used by Ofgem, and accounting for other changes, our intervention delivered a reduction of £117 in the price cap on 1 April. Although the price cap on 1 July increased by £221 as a direct consequence of events in the Middle East, it would have been considerably higher still without the ongoing effect of moving the renewables obligation to the Exchequer, which continues to suppress bills.

I come to the vehicle through which those changes could be placed in legislation. The legislative basis for the grant funding that enables the energy bill reductions was originally due to expire in April; that is because the Energy Prices Act 2022 contained provisions that have been used, for the purpose of this legislation on these reductions, to sunset the possibility of those reductions being undertaken. As I mentioned, we debated the Energy Prices Act 2022 (Extension of Time Limit) Regulations 2026 in the Chamber this year. They came into force in April and extended the power so that it is now set to expire on 25 October. The regulations before us extend this time limit once more to ensure that the removal of costs from energy bills can continue.

I should say at this point by way of a confession that, when I was the shadow Energy Minister in opposition and took part in our consideration of the then Energy Prices Bill in 2022, I did state that I was rather concerned that some other Government might come along and use the provisions in that Bill for something else entirely. I was a little mollified by the fact that a sunset clause was placed in the Bill, but I consider that the changes that have been put into legislation here have a rather similar purpose to that of the Bill in 2022—at least as far as the clauses at that time are concerned; they aimed to provide additional assistance for people who had very high energy bills as a result of the Russian invasion of Ukraine and the volatility that resulted from that.

What we are looking at today is a further extension of those sunset clauses to cope with the next phase of that transfer of responsibility from energy bills to the Exchequer. The arrangements in the settlements were for three years to 2029 so, as things stand, these regulations will have to be extended repeatedly during the time that those savings on customers’ energy bills are in place.

This extension to the regulations is only until 25 April 2027. It says in my brief: “I therefore expect to return to the House by February to seek a further extension”, but that should read, “Whoever happens to be there at the time will come to the House to seek a further extension”. However, I can assure noble Lords that the department is working hard on some primary legislation, at the moment, which will provide a more permanent solution to be taken forward when parliamentary time allows. Your Lordships would therefore not be in a position of having to return every six months to take this matter forward.

I emphasise to noble Lords that the position is slightly different in Northern Ireland, as I think we know because we have debated it separately. Energy costs are a transferred matter for the Executive, and the Northern Ireland renewables obligation forms a smaller cost on electricity bills. The department has been supporting colleagues in Northern Ireland as they develop a comparable offer to the policy in Great Britain. Following a request from the Minister for the Economy in Northern Ireland, separate regulations were laid on 20 June, as I mentioned, to enable the Northern Ireland Department for the Economy to deliver a comparable offer. Those regulations have since been signed and have entered into force.

These regulations are a straightforward extension of an existing time-limited power, but they ensure that the Government can continue to deliver the bill reductions announced at the Budget while work progresses on a longer-term legislative solution. I beg to move.

[Baroness McIntosh of Pickering (Con)]

I thank the Minister for presenting the regulations before us. I express the hope that he stays in his position, as indeed does the Whip. We do not like changes in the House of Lords.

I will make a couple of comments. Eons ago, I served as the shadow Environment Minister on an energy Bill in 2006 or 2007, I think it was, so plus ça change, plus—or rather, the more things change, the more they stay the same. I do not know how Hansard will cope with a French quotation so I will not say it.

What the Minister has put before us just confirms that this is smoke and mirrors. We are all playing for what is, in effect, a subsidy, and this has been the case since the mid-2000s, when his Government introduced this type of policy. Instead of me, as a householder, paying my household electricity bill, I am now paying it as a taxpayer, through my general taxation. I just hope the Minister and the department will step back from saying that this is a reimbursement or a return to me of £117, because that is not the case.

Where the department and the Minister could make a difference is by reducing the standing charge, as Martin Lewis, the money-saving expert, has said on many occasions. I know it has been outside the remit and the purport of the statutory instrument, but I just make a plea to the Minister, who has now disappeared behind the Dispatch Box—I cannot see him any more. I think he is still there.

[Lord Whitehead (Lab)]

I think that, in fact, our government lectern is higher than the opposition lectern.

[Lord Moynihan (Con)]

For very good reason.

[Baroness McIntosh of Pickering (Con)]

As we are all about the same height at this end, we do not need it. We should not worry about that.

Can the noble Lord write to me—I have asked this on more than one occasion—to tell me whether he, the department and the Government are inclined to look into this? From the point of view of household energy bills, that would make a real difference. If we could move away from renewables so that the application for the BESS in Knaresborough and Scotton is not approved next week, that would make the world a safer place, because my niece has been told that she will have to evacuate in the event of a fire. Knowing how highly combustible and flammable these things are, the world would be a safer place. However, with those few remarks, obviously I approve the SI before us this afternoon.

[Earl Russell (LD)]

My Lords, I thank the Minister for the way in which he introduced these regulations. It is almost like double déjà vu because we have considered the Northern Ireland regulations and we considered these ones very recently. We had a good debate on them last time, so I will be incredibly brief on these. I sincerely hope that the Minister stays in post, because I enjoy working opposite him.

On the regulations, the Government need go on seeking these six-month extensions so that they can continue to deliver these savings, which are important at the moment. We have renewed hostility in the Middle East and increased pressures on the cost of energy, so we absolutely recognise the need for this to be done, and these regulations would extend those provisions from 25 October 2026 until 25 April 2027. I therefore recognise that, in the absence of other primary legislation, there is a need continuously to come back with the six-month extensions.

I welcome that the noble Lord said that his department was working on bringing forward a permanent legislative solution so that we do not need to continue doing this. Can we expect that in the energy independence Bill, or is the expectation that it would need to be a stand-alone piece of legislation?

I made all the broader points I need to make on this SI when we debated it previously, so I will not rehearse those again. The Minister knows where I stand on a need to reduce energy costs, and on some of the ideas that I believe in and which my party has put forward. I wanted to ask about the situation in Northern Ireland, on which the Minister kindly updated us. I welcome that his department has been working with the Northern Ireland Executive, and I hear what he says: that has been enabled and has entered into force. If there is anything else on the Northern Ireland situation that the Minister might choose to add, that would be welcome. Other than that, we support these regulations, we will not stand in their way, and I thank the noble Lord.