Net-Zero Carbon Emissions

Lord Grantchester Excerpts

Monday 7th June 2021 Lords Chamber

[Lord Callanan (Con)]

The noble Baroness will have to be patient to see the detail of the heating and buildings strategy, but it will provide a clear and comprehensive road map for the challenging work that we all understand will need to take place on decarbonising the heat that goes into both commercial and domestic buildings.

[Lord Grantchester (Lab)]

The Government are right to insist that companies bidding for government contracts should publish their plans on how their own companies will achieve net zero. However, for the Government, it is necessary that they publish detailed delivery plans to accompany legislative targets in a timely fashion. The current policy is insufficient even for the existing targets. While we await the net-zero strategies, how are the Government working together with the devolved Administrations, mayors and local authorities to secure buy-in? Does the Minister agree that it is unsafe to rely on as yet undeveloped technologies to come along just in time?

[Lord Callanan (Con)]

As I mentioned in my answer to the noble Lord, Lord Oates, we are working closely with local authorities and the devolved Administrations because this will be a shared effort. There are often challenging targets that we need to meet, but we are working with all our partners across the country and engaging with the public as well so as to take them along with us on this journey.

Biomass Electricity Subsidies: Deforestation

Lord Grantchester Excerpts

Thursday 20th May 2021 Lords Chamber

[Lord Callanan (Con)]

My noble friend makes a good suggestion. We did try that, of course. Subsidies have been available for more than a decade but we have seen a lack of uptake because they cannot compete with the use of waste products in huge commercial forestries in the US.

[Lord Grantchester (Lab) [V]]

My Lords, we await a biomass strategy due in 2022 and the Minister can confirm that this will assess the link between biomass electricity subsidies and deforestation. The Drax plant is investing in carbon capture in order to be a “carbon-negative company” by 2030. Does he think that that is achievable? When will the Government decide on a development consent order for Drax?

[Lord Callanan (Con)]

In the biomass strategy, we will explore all the factors to which the noble Lord referred. I do not have a date for when a development consent order will be agreed but all this and the relevant factors will be explored in the strategy.

10-point Plan: Six Months On

Lord Grantchester Excerpts

Wednesday 19th May 2021 Lords Chamber

[Lord Grantchester (Lab)]

I thank the Minister and his department for the energy Statement. This is the scatter-gun 10-point plan: six months on—the repeat. We have a climate emergency, the most pressing issue of our age, which the Conservatives call hyperbole. They cannot bring themselves to declare and sign up to the size of the challenge. The Statement says the Government are already delivering on it, yet in the next sentence says the plan is projected to create so many jobs and mobilise so much investment. These are targets without delivery, rhetoric without reality and wishful thinking. This is underlined by the point in the Statement that says the Government

“have enshrined the UK’s sixth carbon budget in law”.

However, this is yet to happen. The statutory instrument has yet to go through your Lordships’ House for approval. We will not oppose it, but merely point out that the Government have yet to meet the fourth and fifth carbon budgets, mentioned in the Statement, which refer to years sooner than those referred to in the sixth carbon budget.

The climate emergency is real. What these scattergun headlines miss is a comprehensive overall plan, with priorities and route maps along the way to meet in a systematic way the challenges we face. I congratulate the Government on starting to face the task since announcing the scattergun headline plan six months ago. The gestation is slowly evolving. The Government have at least published the energy White Paper, The North Sea Transition Deal, and have begun to recognise the further missing strategies as ingredients that need to be addressed and delivered if this plan is to be comprehensive. The response to the climate emergency is nowhere near being oven ready.

I thank the Minister for recognising in this Statement that we still need a heat and building strategy ahead of COP 26. We still need a transport decarbonisation plan. More than ever, we need a national retrofit and fuel poverty strategy with skills training, now that the green homes grant scheme has been abandoned and its funding withdrawn, rather than being allocated elsewhere. Where is the Treasury’s crucial net-zero review, due in the autumn last year, then promised this spring? Can the Minister give us another target? When will it see the light of day and set the overall size and context of the financial commitment needed? Germany has invested £38 billion in a green recovery, France £31 billion; and in the US President Biden has committed $1 trillion of his green infrastructure plan to green initiatives.

Will the Government commit to bringing forward the £30 billion green recovery fund Labour has called for? Do Government now accept that the UK is facing a climate emergency, and do they believe that this scattergun 10-point plan is really meeting the scale of that emergency? According to the climate change committee, the Government’s emissions target needs £50 billion of public and private investment every year by 2030, but the scattergun plan promises only £54 billion of public and private investment over the entire next 10 years put together. Has the Minister seen this analysis and how does he propose the Government make up the shortfall?

The Government’s emissions target will require huge changes, including the full decarbonisation of our power sector by 2035 and half of new cars sold by 2025 being electric. Can the Minister lay out in precise terms how the scattergun 10-point plan will achieve this? Will he commit to publishing his modelling? Given that petrol and diesel cars cannot be sold from 2030 onwards, what plans do the Government have to ensure that those on low to middle incomes are not priced out of electric car ownership?

The Government and the nation have a long way to go. Industry will play its part. As recently stated, much of the technology that will be needed to achieve net zero has yet to come into existence and be readily available. Hydrogen will be a key part of the energy mix and key to the decarbonisation of heat, as well as the solution to rail transport, especially for freight. There is a massive opportunity for Britain, with our fantastic scientists, our brilliant workforce and world-leading businesses. We need a Government with ambition and real commitment who get the task done, matching the ingenuity and inspiration of the British people. The Minister has shown great bravery in announcing his scattergun plan—the repeat—so soon. The Government are second to none at self-congratulation. Labour has put some clear red lines through much of the rhetoric and has a sharp message across the bottom: “Good but must do better”.

[The Parliamentary Under-Secretary of State, Department for Business, Energy and Industrial Strategy (Lord Callanan) (Con)]

I thank the noble Lord, Lord Grantchester, for his comments. Obviously, I do not agree with many of them, but let me go through the points he raised in turn.

He talked about the fifth and sixth carbon budgets. The noble Lord needs to see this in the context of the UK’s record on decarbonisation. As he said, we have recently, on 21 April, laid the legislation to set the sixth carbon budget, covering 2033-2037. That will require a 78% reduction in emissions compared to 1990. In addition to the carbon budgets, as he is well aware, we have set the highly ambitious nationally determined contribution, through the UN process, to reduce emissions in 2030 by at least 68% compared to 1990 levels. This is the highest reduction target made by any advanced economy. We have shown through our actions that cutting emissions and growing the economy can go hand in hand. We achieved record clean growth between 1990 and 2019. Our economy has grown by 78%, and at the same time, we have managed to reduce emissions by 44%. That is a better record than any other G7 nation. I would have hoped that the noble Lord might at least have given us some credit for delivering that.

The noble Lord mentioned the green homes grant. Yes, we will not hide from the fact that it did run into some difficulties in terms of delivery, but we have made excellent progress across much of the investment. We have invested substantial sums in social housing, schools and hospitals, as well as in homes through the green homes grant, in particular supporting local authorities through the local authority delivery scheme. As he will be aware, the Chancellor also announced additional funding of £300 million going into the local authority delivery scheme, and we are working in partnership with many local authorities. I have met with many of them, and they are very grateful for this funding.

He asked about the Treasury net zero review. We have announced that the net zero report will be published this spring. It was delayed from autumn last year because of the pandemic. In the meantime—in order to keep his reading up to speed—Her Majesty’s Treasury published an interim report this autumn. This sets out our approach to the review and analysis which will form the final report. The initial timing of the review was delayed due to the Covid crisis. Given these circumstances, we took the decision to move publication to 2021, so if he will have a little bit more patience, the review will be there for him to read shortly. He also mentioned our investment in transport decarbonisation. Let me give him some of the figures. We have provided £1.3 billion to accelerate the rollout of charge points for electric vehicles, we have provided £582 million in plug-in vehicles grants, we have spent nearly £500 million on the automotive transformation fund and we spent considerable sums on improving public transport and government investment in low-carbon buses and trains. In March, we published England’s long-term national bus strategy, setting out a bold vision for bus services across the country.

He also asked about the transport decarbonisation plan. We have announced that the UK is embarking on a comprehensive transport plan—a bold and ambitious programme of co-ordinated action needed to meet the UK’s transport greenhouse gas emissions targets through to 2050, and that ensures that the transport sector plays its part. I think I have responded to most of his points.

Electricity Trading (Development of Technical Procedures) (Day-Ahead Market Timeframe) Regulations 2021

Lord Grantchester Excerpts

Tuesday 18th May 2021 Grand Committee

[Lord Grantchester (Lab)]

I thank the Minister for his comprehensive explanation of the regulations. I also thank his colleague, the noble Baroness, Lady Bloomfield, for providing answers on interconnectors earlier during Questions.

This statutory instrument may not be contentious and is largely technical. However, it is not entirely uncontroversial, as we have discovered this afternoon. It implements provisions relating to the efficient use of electricity interconnectors and requirements to develop technical procedures in respect of the day-ahead market timeframe in its operability in accordance with the EU-UK Trade and Cooperation Agreement that was initiated at short notice on 1 January this year.

The instrument makes reference to many aspects that need to be delivered as a consequence of the agreement. If the Minister could outline how fast and how quickly he envisages these things being implemented, it would be useful. The instrument makes reference to two agencies, the specialised committee on energy and the Agency for the Cooperation of Energy Regulators, necessary to implement and co-ordinate powers and regulations with what used to be the internal energy market across the EU, which at the time included the UK. Can the Minister give any more details about these structures, as they will have considerable powers to ensure that transmission system operators develop arrangements that run efficiently across both the UK and the EU through interconnectors? Does the reference to the Agency for the Cooperation of Energy Regulators relate merely to dialogue with the EU after any adjudication and consideration by Ofgem, as the authority and overall independent regulator within the UK, in connection with its operation of interconnectors? Will the SCE be suitably independent in this structure? What is its authority in relation to the TSOs?

Since 1 January, the arrangements have been necessarily ad hoc, while respecting the independence of the UK from the previous internal energy market. What is the specific timeframe within which transmission system operators must develop arrangements setting out the technical procedures? How will the Secretary of State determine this timeframe? Since 1 January, have any specific problems arisen, and will the powers of Ofgem be sufficient to implement all the provisions necessitated since ending the transitional arrangements? What assessment have the Government made of the efficiency of multi-region loose volume coupling compared to the internal energy market’s existing trading mechanisms? What material impact has there been on energy pricing since 1 January? What assessment have the Government made of the impact on consumer prices of the new arrangements envisaged under the trade and co-operation agreement for new, cross-border electricity trading at day-ahead timeframes, such that they are deemed more efficient and allow appropriate trading to benefit from greater transparency?

There are notable benefits from interconnectors. That more are envisaged can only be further insurance that energy continues to be supplied effectively while the huge transition to net zero, through reforms to the energy market, continues.

National Security and Investment Bill

Lord Grantchester Excerpts

3rd reading
Thursday 22nd April 2021 Lords Chamber

[Lord Grantchester (Lab)]

From these Benches, it is a pleasure to thank the Minister, the noble Lord, Lord Callanan, for the way that he handled this important Bill and steered it through your Lordships’ House, so ably supported by the noble Lord, Lord Grimstone, and the noble Baroness, Lady Bloomfield. At the end of a long season and Session, it is very rewarding to examine the legislation of the noble Lord, who, with his team, engaged so positively with us and the House. This resulted in real and productive improvements to the Bill—especially on new public guidance, the expert panel and turnaround times, among other features, being included in the annual report.

I am grateful to the Bill team, ably led by Mike Penry, and the department, for their exemplary attention and courtesy shown to us at all times. The broadcasting team were excellent and managed our hybrid proceedings throughout without a hitch. I am also grateful to my lead and boss on the Bill, my noble friend and colleague Lady Hayter, who was disappointed that she could not see it through all its stages to the conclusion.

I would not have been able to step up to the grade without the support my very able legislative assistant in our office, Dan Harris, who, with Ellie Robson, was able to guide me over the hurdles, draft our amendments and take the negotiations with the Public Bill Office completely out of my clumsy hands. I am very grateful to them.

Our team is especially grateful also for assistance that came from outside the House—from the Russell group of universities, the CBI and the Wellcome Trust, as well as the Henry Royce Institute, the BioIndustry Association, the Law Society and the Law Society of Scotland. They have all provided insights and appreciation of the Bill’s likely workings and omissions, which proved invaluable to our attention within the House.

A clear feature of the Bill is how co-operatively the Minister and his team have worked with us and the House throughout, to understand and accommodate the pertinent issues in the Bill from our perspective. Of course, there is one clear divergence of opinion between the House and the Government, which we are sending to the Commons for their consideration. For the achievement of that task, I am very grateful to the front row team, marshalled into a complete scrum by our admiral, my noble friend Lord West, at roll call on Report. I am also grateful to my noble friend and colleague Lord Rooker, who guested as a heavyweight on the Front Bench for the occasion. It is very good to see him back in the Chamber and back to good health.

I trust that the positive engagement from across the House—including the Lib Dem and Conservative Benches —and the commitment shown by all noble Lords to a successful outcome, will give the Bill a fair wind to find safe harbour in the Commons.

Net-Zero Carbon Emissions

Lord Grantchester Excerpts

Wednesday 21st April 2021 Grand Committee

[Lord Grantchester (Lab)]

This has been a wide-ranging debate, and I am grateful to the noble Lord, Lord Teverson, for initiating such a thoughtful consideration of a key aspect of achieving urgent coherency on carbon emission reductions. I thank all noble Lords for all their contributions, all with clear challenges for improvements.

Universal throughout the debate was the fact that a credible, job-rich green recovery requires better co-ordinated action across all levels of government, harnessing investment and regulation and working across public/private interfaces to deliver system-wide change across all parts of the UK. Labour agrees, and believes that together we can harness the opportunities for green growth, but only if the Government, as the lead, take the right decisions right now. All speakers asked, in their own ways, whether the Government have a credible delivery plan. The noble Lord, Lord Redesdale, clarified how difficult this is even for one private organisation.

With the pandemic shock felt throughout the world, global emissions fell by a record 7% last year. However, by the end of the year, emissions were already rebounding and this year are forecast to jump by 5%, this being the second biggest annual rise ever, second only to the 2010 rise of 6% after the financial crisis. Emissions need to be cut by 45% this decade. Clear and imminent action demands quicker response times if we are going to achieve necessary emission reductions. The UK already has a target of 68% reductions by 2030. Ahead of COP 26, the Government need to set a nationally determined target for the UK. Announcing the target further ahead, such as 78% by 2035, while welcome, nevertheless does not impart the urgency that more must be done sooner. This is targets without delivery and rhetoric without achievement; there has to be ambition meeting reality, and the Government need to treat the climate emergency with urgency.

The UK is not yet on track to meet even the fifth carbon budget; instead, we are veering ever further off track, even before any meaningful return of international aviation. With the success of the NHS rolling out the vaccine, the UK is now in a position to build towards recovery with investments right now in the jobs, infrastructure and skills needed for the future. The whole country is calling for the Government to confront the combined challenges of the pandemic, unemployment and the climate crisis by accelerating investment in clean projects such as energy efficiency, especially in housing, flood prevention and climate mitigation measures, offshore wind and renewables, and cycling and walking infrastructure, as well as the electric vehicle charging network. This investment programme will lay the groundwork for secondary markets when based on national supply chains, thereby securing regional employment opportunities in every part of the UK with procurement linked to upskilling and education.

I am grateful to my noble friend Lord Knight for starting with schools and arguing for embedding a zero-carbon mindset for the future. Labour calls for a national retraining strategy as part of the green recovery and pathway to net zero; this would boost apprenticeships and give people the necessary skills by supporting workplace learning and other forms of education and training, which can lead to better access to work. This would reach across the local providers and co-ordinating institutions, including local authorities, further education colleges, local enterprise partnerships and business leader groups. It also needs to be coupled with increased ambitions in bus and rail to develop better mobility plans, together with powers for local and mayoral authorities and devolved Administrations to implement innovative schemes that match local needs.

Many speakers have addressed the process of engagement between central and local government to enable councils to fulfil their role to translate a national framework into transformative local plans to deliver on net zero and their local communities. Local government is well placed to take on this role and lead net zero agendas in local areas. Government must ensure that councils are properly resourced to be able to do this, considering necessary finance to set multiannual growth plans. In December 2020, the Climate Change Committee set out a clear agenda in its report, Local Authorities and the Sixth Carbon Budget, identifying that more than half the emission reductions needed will rely on people and businesses taking up low-carbon solutions, with decisions made at a local and individual level. These decisions will depend on central government having supportive mechanisms in place.

Local authorities have powers and influence over roughly one-third of existing emissions already in their area; they can meet central government policies through local knowledge and networks. The Government have responded with a scattergun 10-point plan, listing 10 strategies but lacking a more comprehensive approach. The Government need to move with pace and bring forward more detailed sector strategies in addition to the energy White Paper now released.

On energy efficiency, the Government have already abandoned the green homes grant scheme and the noble Baroness, Lady Sheehan, was most concerned at the cancellation with regard to housing. The heat and building strategy is urgently needed to provide a long-term approach with new measures.

The noble Lord, Lord Stunell, concentrated his remarks on housing and the built environment. The Government have recognised the need for co-ordination across departments, with BEIS taking overall responsibility. It is to set up two ministerial Cabinet committees—one on the climate action strategy and the other on policy implementation. The National Audit Office commented that that approach may show “collective ownership” but argues that the split gives rise to the risk that goals could have insufficient priority without a single central body with overall responsibility and levers to achieve change.

The scattergun 10-point plan mentions in its introduction the net zero task force as putting a systems approach at the heart of government thinking. Yet, there is no further mention of this task force. Can the Minister tell the Committee what has happened to it, what is it and could it be the driving force to provide that central cross-government plan that the National Audit Office also identified as missing from the Government’s muddled approach?

Decision-makers need to understand how different policies interact and influence the progress of the whole economy towards net zero. Does the Minister recognise that stronger oversight across departments and institutions is urgent, with strong governance and leadership structures? Will the Government appoint a Minister with sole responsibility for delivering net zero, emphasising delivery of all the milestones along the pathway? As my noble friend Lord Whitty asked, as did the noble Baronesses, Lady Sheehan and Lady Altmann, do the Government recognise the importance of that being a Cabinet post?

The Government need to avoid the embarrassment of agreeing and implementing fossil fuel developments such as the new coal mine in Cumbria. Will the Government now introduce a new net zero test for all policies and decisions to avoid mixed messages in the future? The challenge was mentioned by the noble Baroness, Lady Hayman. This new net zero test could provide the necessary consistent, predictable and stable policy environments. Complementary to this test, the Treasury needs to finance its net zero review. Will the Minister say how the Government envisage the final report to be produced? Will it inform and cement this needed cross-departmental net zero strategy for the net zero task force that I have identified? The noble Baroness, Lady Altmann, also asked about a net zero taxation policy and identified that pensions could play a vital part in leading investments.

For all the Government’s rhetoric for the future, does the Minister’s department realise that it still needs to deal with the identified shortfall in meeting the fourth and fifth carbon budgets? The Government finally announced in their statement on the COP 26 NDC that international aviation and shipping will be brought into consideration. Given the diminishing time before the conference, can the Minister outline plans on how that will work and translate across airports and fleets throughout the UK? Decarbonising transport gives rise to co-ordination across regions, boundaries and authorities, given that different places have widely different options and opportunities. Transport for the North has already begun to cut through the bureaucracy and provide better solutions across the challenging terrain and economies of the north. As the noble Baroness, Lady Randerson, commented, it is regrettable that it has not been supported adequately by central government. The stability of delivery organisations is vital to provide certainty in the planning system.

The scope of the issues covered by this debate are enormous, as local government covers all areas of the economy, including housing and energy efficiency, which I have already mentioned in terms of the green homes grant. The noble Baroness, Lady Bennett, mentioned household waste and plastics, emphasising how widespread the challenge is in everyday life.

The devolved Administrations have been identified by the Climate Change Committee as accounting for 20% of emissions and having an integral role to play. Powers are fully or partially devolved in most key areas, yet integration of policy delivery is also vital, as can easily be identified from thinking about plans to phase out petrol and diesel car sales.

Similarly, cross-authority working has already taken place in areas such as the north-west, where Cheshire and Warrington, working with Manchester and Liverpool, have initiated the Net Zero North West project to produce a decarbonisation plan for the region. Investment opportunities have been identified, such as biorefining for waste, CCUS, wave power, HyNet and nuclear research at Urenco, all taking place along the Atlantic Gateway, which is at the forefront of the green industrial revolution as a renewable-powered “super place”. Manchester has also set up a low-carbon hydrogen hub across multiple agencies and organisations, with the potential to set the standard for decarbonised energy generation across the north-west.

The final challenge is for the Government to invest in widespread public communications alongside regulatory and policy change. Will the Minister say in his remarks how the Government might take forward the experience of Climate Assembly UK to expand engagement with the public and provide coherent dialogue on this important subject?

National Security and Investment Bill

Lord Grantchester Excerpts

Report stage
Thursday 15th April 2021 Lords Chamber

[Lord Lansley (Con)]

My Lords, it is a privilege to open proceedings on Report. I want to say generally that Members across the House, on all sides, are supportive of the principles of the Bill. It has been clear that all the amendments tabled have the intention of trying to make it as clear, effective and workable as possible, and—as we will discuss later—to make sure that there is proper accountability and transparency in the proceedings. Several of my noble friends have tabled amendments in that spirit. I know that Ministers in charge of the Bill have responded in kind with a willingness, even in the past few days, to supply additional material on how the workings of the national security and investment regime will be made more transparent and clear to those it affects, who are substantial in number.

I come to one of the issues in the two amendments in this group, both in my name, which relate to the interaction between the national security and investment regime and the export control licensing regime. Amendment 1 relates to the exercise of the call-in power by Ministers. Amendment 37 relates to the making of interim and final orders by Ministers. I start with the first amendment.

I quoted the 2018 White Paper at more length in Committee but it stated, on behalf of the Government, that

“where national security concerns relate solely or primarily to the export of goods, the Government expects that the export control regime would remain the primary means of protecting national security”.

In Committee, I asked the Minister responding to reiterate that expectation. He failed to do so, nor did he offer any specific assurance about how the two regimes would interact. I am grateful to Ministers because, since then, they have committed to the publication of guidance, which will include the interaction of the national security and investment regime with the Competition and Markets Authority, the Takeover Panel and the export control regime. We have not, of course, yet seen the text of that guidance. Nor is a reference to the export control regime being included in the draft statement, which has to be made under Clause 3, that will explain where and in what circumstances the Secretary of State will exercise his call-in power.

The importance of that is illustrated not least by the references from time to time in the consultation on the sectors in scope of the mandatory regime, in which a number of respondents made it clear that they thought there was a widespread interaction and overlap. For example, paragraph 3.76 said that one respondent suggested that the pre-existing export control licensing regime was appropriate, for which a number of businesses had robust and sophisticated compliance programmes, noting a significant overlap between the lists and a number of the other proposed mandatory sectors.

The noble Lord, Lord Grantchester, on the Front Bench opposite, in Committee instanced other references to that in the consultation response. Indeed, he may have looked at the strategic export control list, which is 309 pages long, and the sectors in scope of the mandatory regime for the national security and investment regime. The overlap is very large indeed. It is important to those affected that these two regimes interact positively and sensibly.

Amendment 1 seeks to require that there be such a reference in the Clause 3 statement and a commitment to explaining to people how the two regimes will interact. Why does that matter? First, given the nature of the assets in the strategic export control list, a change of control of the entities that own them will often be a notifiable acquisition and therefore be subject to a mandatory notification. But will the acquisition be called in? That question will be in the minds of those affected and will depend upon the level of risk. If the acquisition is by a hostile actor, it is a fair argument that the national security and investment regime adds an extra safeguard beyond the export licensing process. However, it will be important for those who own sensitive assets to know when that issue—the nature of the acquirer—is the prompt for a call-in, not simply the sensitivity and nature of the assets themselves, since they can be safeguarded for national security purposes through the export control licensing regime. Therefore, those asset owners need to be able to reasonably predict when a call-in will be made.

Secondly, the Clause 3 statement should offer clarity about the distinction between the use of an asset and its control. The national security and investment regime is about ownership and, hence, control of assets. Export controls are directed to their use, specifically outside the United Kingdom by way of export. However, we should consider what will happen if we follow the American lead. Following the enacting three years ago of the latest US legislation, there are circumstances in which the American export control regime, because it anticipates that a given ownership could lead to a transfer of technology within an entity, deems such assets to be exports. We already see an increasing overlap between the question of control and the question of use. The statement needs to be clear about that distinction, too.

What I am really looking for from my noble friend on the Front Bench is, first, an assurance that these issues will be fully dealt with in the guidance to be published, and that there will be a specific reference in the statement to matters dealt with under Clause 3, even if that is supplemented in detail by the technical guidance.

Amendment 37 raises an important further interaction. When Ministers make interim or final orders, given the extent of overlap between assets in the scope of this regime and those in the strategic export control list, it is likely that the entities that control such assets may, if they pass into new ownership, be subject to such orders. Those orders are about not just the situation today but what should happen in future. There will be a temptation on the part of Ministers to make orders that, like contracts in law, provide for every set of circumstances in future.

My point is simple: when making orders, Ministers should always rely on the export control licensing regime to do its job effectively. They should not try to substitute for the export control regime in future by restricting, through orders, what entities are or are not able to do. Even though they have the power to do that, they should not do it. They should live up to the expectation of the 2018 White Paper that the export control regime is the means by which Ministers exercise control of the export of sensitive assets.

There are two units involved. The Export Control Joint Unit is made up of officials from the Ministry of Defence, the Department for International Trade and the Foreign, Commonwealth and Development Office, and there is the unit for the national security and investment regime. The interaction between the two units needs to be excellent. In the shape of my noble friend the Minister on the Front Bench, we have the embodiment of the relationship between the Department for International Trade and the Department for Business, Energy and Industrial Strategy. I hope that he makes sure that these two work together well.

We should not see orders under the NSI regime supplanting what should be licensing procedures under the export control licensing regime, not least because—I pre-empt an issue that we will come on to later—export control licensing is the subject of greater and specific parliamentary scrutiny by the Committees on Arms Export Controls in the other place. There is no such direct scrutiny of the orders being made under this NSI regime. I hope that I do not need to say that Ministers should not fall prey to the temptation to incorporate measures into orders under this regime because it entails less parliamentary scrutiny than would be the case for export licensing under the other regime.

When we get to Amendment 37, I hope that I will be able to rely on Ministers’ further assurances that they will not simply take account of the export control regime and will rely less on administrative law issues. It was slightly ironic that our debate in Committee was followed the following week by a debate on administrative law that suggested that statute should be as clear as possible about the requirements that people have to live up to and not rely on a general public law duty—but that is exactly what Ministers profess to rely on here. I would prefer Amendment 37 to be adopted by the Government and it to be very clear that Ministers will take full account of the export control licensing regime. Even if they are not happy to amend the legislation, I hope that what my noble friend says in response to this debate will make it clear that that will be the case. I beg to move Amendment 1.

[Lord Grantchester (Lab)]

I thank the noble Lord, Lord Lansley, for returning to the issue of the interaction of the NSI and export control regimes. He is correct to probe further with the explicit inclusion of Amendment 1, so that the new NSI regime is not buried within BEIS but works effectively across government, specifically across both regimes.

Amendment 37 underlines the need to recognise proper co-ordination in this regime. The Government had recognised only that the two regimes are distinct and would sit alongside each other, as the expression goes, yet they were concerned by activities that could circumvent the export control criteria. With the extent of the overlap to which the noble Lord, Lord Lansley, refers, this would be surprising.

Since Committee, further consideration has been given to the issue. We agree with the noble Lord in calling for greater clarity about the interaction needed with export controls, especially when a call-in notice has to be considered and when interim and final orders are being made. We are supportive of the intention behind these amendments regarding concerns about how this regime will interact with functions under the export control regime. Why does the Bill remain silent on the export control regime in its drafting?

--- Later in debate ---

[Lord Fox (LD)]

My Lords, we have had a short and interesting debate. Speaking to Amendment 2, the noble Lord, Lord Lansley, has as ever uncovered an incongruity in the way the Bill is drafted. I suggest the Government are wise to listen to his advice. Similarly with Amendment 8, there is a need for clarity for people. Where do they stand on this issue? That is all people deserve when trying to manage their affairs.

We then come to the extraordinary intervention of the noble Baroness, Lady Neville-Rolfe. It is a shame that she was not around to give a Second Reading speech, which perhaps might have guided us through some of our decision-making, and arrived only at this late hour to offer her help. I suspect that, had she involved herself a little earlier, she might have been less concerned with the issues than she is now. For fear of doing the Minister’s work for him, I ask him to confirm that the regime retains the right to call in deals that are less than 25% at any time. The notion that there are deals that the regime may not see is one of the points inferred by the noble Baroness, Lady Neville-Rolfe.

This is the point: the unit has to be sufficiently resourced and efficient in its work to be able to pick these issues up. We shall talk later about where it gets its information and how the security guidance is fed in, because that comes under another group of amendments. However, with all the issues coming through, the point is how well the regime is actually operated; the noble Baroness, Lady Noakes, has mentioned this on many occasions. That will be the rub, in terms of how business will be affected by the Bill. The more the Minister can reassure us that the resources will be there to deliver this, the happier most of us will be.

[Lord Grantchester (Lab)]

My Lords, we remain committed to the principles of the Bill, and join others in thanking the Minister and his team for the way they have conducted discussions with us to resolve any issues on the Bill. One of the issues that remains involves the extensive adventure of the unit into the business environment. In Committee, my colleague and noble friend Lady Hayter introduced an amendment to delete Clause 6(2)(b), and asked why the Government wished to make subject to mandatory notification all acquisitions that resulted in only a minimum 15% stake in an entity. We consider that disproportionate. The noble Lord, Lord Leigh, also spoke passionately on the point, as did several other noble Lords. My noble friend apologises because, understandably, she cannot take part in these proceedings today.

However, it is to be welcomed that the Government have heeded the concerns about the unnecessary impact on businesses and the largely intrusive workload for the new ISU section in the department. Government Amendment 3, together with the consequential amendments in this group, would remove the 15% threshold for notifiable acquisitions from the regime. Throughout the proceedings on the Bill, we have been concerned about the impact on businesses, especially in the SME sector, and the huge workload that the Bill would create. That government concession goes a long way towards meeting those concerns.

The Government will still be able proactively to call in transactions involving acquisitions under the 25% threshold of shares or votes if such an acquisition could be deemed to result in “material influence”. However, the ISU would be notified only of transactions most likely to raise national security risks in the most sensitive sectors of the economy. This is plainly sensible. The removal of the 15% threshold will also remove unnecessary impediments to investments in smaller start-ups and enterprises, which might have concerns about hitting the 15% threshold.

Initially the Government reckoned that the new screening regime would result in about 1,800 notifications per year. We expressed scepticism at that estimate, as did several others, including the CBI. Whatever would have been the result, have the Government now recalculated how many notifications the department is likely to receive, having deleted the 15% threshold? I would be grateful if the Minister could give the House the new figure, with any further explanations as to its determination. It would be useful to reflect on it, in the light of the experiences of the unit that are to come.

I am grateful, too, to the noble Lord, Lord Hodgson, for his Amendment 8, which redrafts Clause 8(6). I understand very well the point he is making, and I await the Minister’s reply.

[The Parliamentary Under-Secretary of State, Department for Business, Energy and Industrial Strategy (Lord Callanan) (Con)]

I am grateful to noble Lords for an interesting debate, and I am particularly grateful to my noble friends Lord Lansley and Lord Hodgson for their respective amendments in this group concerning the scope of the regime. I will turn to those in a moment, but let me start with a few remarks on the amendments in my name.

Debates on the Bill, both in this House and in the other place, have reflected that there is a strong degree of cross-party consensus on its underlying principles. I am grateful to the Opposition for making that clear. All sides agree that reforms are necessary to keep the country safe and to bring our investment screening powers in line with our friends and allies. There has also been a shared recognition that the requirements of the mandatory regime must be no more than are necessary and proportionate for the protection of our national security, so that business and investment are not unduly burdened or stifled.

The noble Lord, Lord Fox, put it well in Committee when he reminded us that the clue is in the name. This is the National Security and Investment Bill, and it is vital that we secure both these interests. To that end, the Government have reflected carefully on the scope of the mandatory regime and, in particular, on the comments made by a number of noble Lords in Committee on the 15% starting threshold. I pay particular tribute to the noble Baroness, Lady Hayter, who raised this—and who is, I am pleased to see, in her place, taking a break from her “get out the vote” campaign. Perhaps she would be better advised to be getting out the vote, but I am grateful that she has joined us. I am also grateful to my noble friends Lord Leigh and Lady Noakes, the noble Baroness, Lady Bowles, and the noble Lord, Lord Fox, who all spoke powerfully in support of her amendment.

The Government have concluded that the right approach is indeed to remove acquisitions between 15% and 25% from constituting “notifiable acquisitions”; Amendment 3 gives effect to this decision. We recognise that acquisitions between 15% and 25% will not result in material influence being acquired as a matter of course. Indeed, in many cases, we anticipate that material influence will not be acquired. We have always sought to ensure that the mandatory regime is reasonable and proportionate, and this is an important change, which I believe businesses and investors alike will welcome. I hope that it will reduce the business burden and allow the investment security unit to focus on notifications and cases that will necessarily result in control being acquired.

Let me make two further points on this amendment. First, there may be some noble Lords—my noble friend Lady Neville-Rolfe was one, I believe—who will say that this is a weakening of the regime. Let me explain why I do not believe that that is the case. As the noble Lord, Lord Fox, pointed out, the Secretary of State will continue to be able to call in acquisitions across the economy at or below 25%—and, indeed, if necessary, below 15%—where they reasonably suspect that material influence has been or will be acquired. That call-in power will be available up to five years after an acquisition takes place, so the incentive for parties to notify cases of material influence that may have national security implications remains, in order to achieve deal certainty. The five-year period also provides the Government with a significant window to identify acquisitions of concern and for the Secretary of State to call them in for scrutiny.

Secondly, the Clause 6 powers enable the Secretary of State to amend the scope of the mandatory regime through regulations. Notwithstanding this amendment, that would include the ability to introduce, if necessary, a 15% threshold or, indeed—assuming the will of Parliament, of course—any other threshold that would be relevant to determining whether a trigger event would take place, for mandatory notification in future if that is considered appropriate. The Government do not currently envisage doing so, but I am sure that noble Lords will agree that it is important that the Bill provides the power to do so, subject to the will of Parliament, if the evidence of the regime in practice suggests that this matter should be revisited. I hope that that reassures my noble friend Lady Neville-Rolfe.

Amendments 4, 5, 10 and 21 are all consequential amendments that reflect the removal of the 15% threshold, so I do not intend to dwell on them further.

I now turn to the other amendments in this group. Amendment 2 in the name of my noble friend Lord Lansley would make the acquisition of material influence a notifiable acquisition. I have to say that, in his speech, my noble friend did such a good job of advocating for the Government’s position on his own amendment that perhaps we should welcome him back to the Front Bench at some stage; actually, he would probably make a better job of it than me.

The Government do not consider that broadening the scope of the mandatory regime to material influence would be appropriate. The mandatory regime, given that it is underpinned by voiding and criminal and civil sanctions, must be defined with sufficient certainty for acquirers to determine their obligations objectively.

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It is not my intention to test the opinion of your Lordships’ House on these two amendments. There will be ongoing debate and discussion, but I am confident that we will see climate change, biodiversity, sustainable development goals and systematic joined-up thinking at the absolute heart of our national and international security in future. I very much hope that in the future, we will look back and see that we made the right choices today, because there is no doubt at all that, in the climate emergency and the biodiversity crisis, we are right at the crunch point where action is needed.

[Lord Grantchester (Lab)]

My Lords, in Committee we debated the climate emergency as the most pressing issue that affects every aspect of everyday life. The climate crisis is not only a threat in the long term to our survival and that of the planet but a threat to security in the short to medium term. According to the Government’s own statistics, nature loss will result in a cumulative economic cost of up to £10 billion between 2011 and 2050. While the Minister may say that climate change is not directly connected to the national security and investment regime proposed in the Bill, actions by hostile actors that stifle our modern green infrastructure can only make us more vulnerable. As the former civil servant Paddy McGuinness has recently said, green networks

“provide an attractive opportunity for an adversary to unbalance, intimidate, paralyse or even defeat us."

I am grateful to the noble Lords, Lord Fox and Lord Clement-Jones, and the noble Baroness, Lady Bennett, who have returned with simple “must have regard to” wording in Amendments 6 and 7 regarding climate change and biodiversity loss. Of course, all Governments will have regard to all legislation on the statute book that impacts on our activities and lives. Nevertheless, it is imperative that the risks of climate change be recognised in the new regime being initiated through the Bill, and the Secretary of State must consider how to mitigate these deepening risks.

I am grateful to the noble Baroness, Lady Bennett, for retabling our Amendment 38 from Committee, which asks for a statement to be made on emerging threats in the light of priorities identified in the Integrated Review of Security, Defence, Development and Foreign Policy. It allows me to follow up with some further questions on the integrated review and its associated documents.

Can the minister provide an outline of how the ISU will work effectively with the MoD directorate for economic security? It is all very well to say that the ISU will be drawing on the expertise in the MoD and the Defence Secretary will be able to make representations to the Business Secretary, but what mechanisms will be set up to co-ordinate across departments? Will there be a mechanism whereby the MoD directorate can give advice directly to businesses in a defence and supply chain through policies initiated from the ISU in the business department, especially in connection with technologies and future associated threats? It would be helpful if the Minister could respond or follow up with a letter in due course.

[Lord Callanan (Con)]

I am grateful once again to the noble Lords, Lord Fox and Lord Clement-Jones, and the noble Baroness, Lady Bennett—I am particularly grateful that she has joined us after her dental work and of course we wish her a speedy recovery—for their respective amendments in this grouping.

With the permission of the House, I will take Amendments 6 and 7 together. Amendment 6 seeks to require the Secretary of State to

“have regard to the risk to national security posed by climate change”

when preparing secondary legislation under Clause 6 in relation to the scope of the mandatory notification regime. Amendment 7 then seeks to amend Amendment 6 to require the Secretary of State to also have regard to the risk to national security posed by biodiversity loss.

I commend the sentiment of the amendments regarding tackling climate change. As I set out in Grand Committee, this Government are of course committed to tackling the climate crisis. I can also confirm, in response to the amendment of the noble Baroness, Lady Bennett, that, just as the Prime Minister has said in his foreword to the integrated review, biodiversity loss very much sits alongside that as the UK’s top international priority. The Government continue to promote co-operation on climate action through the UK’s G7 presidency, and we look forward to the COP 26 conference in November, which will allow us to highlight our leadership in tackling the climate crisis, including biodiversity loss.

However, the Bill is focused on the risks to our national security posed by the acquisition of control over qualifying entities and assets. As the noble Lord, Lord Fox, correctly predicted, we are therefore unable to accept amendments seeking to set out what is or is not a factor to be considered when looking at national security, including factors relating to climate change and biodiversity loss, without edging closer to defining it—which, as he knows, we are reluctant to do. I hope that having my comments on the record in response to these issues provides due assistance to noble Lords. I can further reassure them that, as drafted, the Bill provides the flexibility for the Secretary of State to consider all types of risk to national security that are relevant in the context of this regime, including those that are environmental in nature.

I thank the noble Baroness, Lady Bennett, for her Amendment 38, which seeks to ensure that the national security and investment regime is consistent with the recently published integrated review. I note that a similar amendment was tabled in Grand Committee by the noble Baronesses, Lady Hayter and Lady Northover. However, whereas that amendment asked for a report

“as soon as reasonably practicable”,

the noble Baroness, Lady Bennett, has opted for “within six months”. As noble Lords will be aware, the integrated review provides a comprehensive articulation of the UK’s national security and international policy. It outlines three fundamental national interests: sovereignty, security and prosperity.

I understood the benefits of an amendment in Grand Committee when the Government had not published the integrated review but, now that we have, the alignment is clear for all to see. For example, the NSI will be tremendously valuable in countering state threats, in maintaining the UK’s resilience and in helping us to work with and learn from our allies, to name but a few areas of alignment. Indeed, as noble Lords would expect, this Bill is explicitly referenced within the review.

As noble Lords will know, the National Security and Investment Bill will prove a key tool in enabling the UK to tackle its long-term security concerns and pursue its priorities. The Bill will create carefully calibrated powers for the Secretary of State to counteract concerns around acquisitions and the flexibility to respond to changing risks and a changing security landscape. As part of this, the regulation-making powers in the Bill allow the Secretary of State to keep pace with emerging threats as they arise, such as by enabling them to update the sectors covered by mandatory notification.

Therefore, for the reasons that I have set out, I do not see a strong case for the amendments and I very much hope that their proposers will feel able to withdraw them.

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[Lord Grantchester (Lab)]

I thank the noble Lord, Lord Bruce, and the noble Baroness, Lady McIntosh, for looking critically at the legislation in relation to Scotland and its legal approach. Clause 8 defines the circumstances in which a person gains control of a qualifying entity, thus constituting a trigger event that may be subject to assessment under this regime. Throughout this process, we have stressed the importance of clarity on who qualifies for assessment under the regime.

Amendment 9, tabled by the noble Lord, Lord Bruce, aims to ensure that transactions constitute a trigger event only when the person gains actual control of a qualifying entity and to exempt securities or other situations where no effective control is obtained. The amendment’s purpose is to avoid the potential unintended consequences of the Bill for financial transactions under Scottish law, as identified by the Law Society of Scotland. Under the amendment, rights and interests in, or in relation to, entities and assets held by way of security would be exempt from the regime, on the basis that lending and debt arrangements do not give rise to control.

We have been clear that the Bill must be fit for purpose across every part of the United Kingdom, and I ask merely whether the Minister can provide reassurances to the House that it has been properly considered in relation to its impacts on the Scottish legal system in particular. Can he reassure the House that consultation has taken place between the Scotland Office and the Scottish Administration and that there are no outstanding issues to be resolved in this respect?

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[Lord Fox (LD)]

My Lords, the noble Lord, Lord Hodgson, set out his view of a balance, and I will set out another dichotomy—between thoroughness and timeliness. I do not think any of us in the Chamber are asking for this process to be less thorough. I think we are all saying we want a thorough process. But that thoroughness cannot be at the expense of timeliness, which is what these amendments are seeking to establish.

I do not think it is the Government’s intention to sow the market with uncertainty; I am absolutely sure that is not the intention of the Bill or this element of it. However, we all know that once things get written into law, they move into a departmental process and there is a unit dealing with this, unless there are specific guidelines on achieving timeliness, things will drag and take time. Departmental clocks can run at a different speed to business clocks. We should be clear that that will cost jobs and opportunities, because the longer a transaction takes, the longer it is in play, the fewer opportunities those companies have and the more threat there is for them. This is particularly clear in sales out of distress and in businesses that are already in play. Once they are in play, they become victims of exploitation, and the longer this department maintains a business in play through this process, the more danger those businesses are in.

The Government’s “intent” has come up many times in speeches, and that is an important element here. The way this Bill is currently drafted does not reveal an intent for rapid resolution. It does not reveal an understanding of the importance of timeliness, and that is what these amendments seek to establish.

[Lord Grantchester (Lab)]

I thank the noble Baroness, Lady Noakes, and the noble Lords, Lord Hodgson and Lord Clement-Jones, for returning to the issue of the impact of this legislation on businesses and the uncertainty it would create within a business environment as businesses must interface with its bureaucracy. It has been interesting to hear the reflections from debates in Committee.

In Committee, we were sympathetic to Amendment 11 and others in the group as we have also pushed the Government to ensure greater clarity and transparency regarding how long businesses and organisations will have to wait for answers from the Government concerning notifications. It is important not only that statutory time limits are laid down to each stage of assessment but that the overall accumulated length of time of the whole process is defined. We remain supportive of the intentions behind the amendments in this group, and I am grateful to the many business interests that have expressed concerns to us. I merely ask again: what does “reasonably practicable” mean as a length of time?

In Committee, the Minister did not address whether and to what extent five working days could become practicable. The noble Baroness, Lady Noakes, asked many pertinent questions concerning the operation of the unit and its systems in addressing the tasks it will have to be administrating. Could the Minister provide more clarity? Can he give assurances today that officials in the department will engage effectively with business and provide updates and explanations regarding issues under consideration to businesses, should an answer not be forthcoming within the defined five-day limit proposed in this amendment, rather than expect businesses to delay and wait for an unspecified length of time to be proved practicable? Communication of the position would prove extremely reassuring to businesses.

[Lord Grimstone of Boscobel (Con)]

My Lords, I thank my noble friends Lady Noakes and Lord Hodgson for their contributions and all the other noble Lords who have contributed so far. Perhaps it is not out of order to especially thank the noble Baroness, Lady Bennett of Manor Castle, for her rare support of the Government in this instance. I will begin with Amendments 11 and 12 together.

As currently drafted, the Bill provides that the Secretary of State must decide whether to reject or accept a mandatory or voluntary notice as soon as reasonably practicable after receiving it. They must then inform relative parties of the decision as soon as practicable. I will later draw the distinction again between “as soon as practicable” and

“As soon as reasonably practicable”.


Amendment 11 would require the Secretary of State to provide written reasons to the notice “within 5 working days” if a mandatory notice is rejected, instead of “as soon as practicable.” Amendment 12 has a similar effect but would require the Secretary of State to notify each relevant party that a mandatory notice has been accepted within five working days of acceptance, rather than as soon as is practicable, as currently drafted.

My noble friends Lady Noakes and Lord Hodgson asked about the distinction in places in the Bill between the timescales, “as soon as practicable” and

“As soon as reasonably practicable.”


These different tests reflect that some requirements are more onerous. For example, determining whether a valid notification has been given will be dependent on the facts of the case, so it is appropriate, in that instance, to use

“As soon as reasonably practicable.”


However, communicating the decision to parties should be possible without delay, so in that instance, the Secretary of State must do so as soon as practicable. I hope that clarifies that for noble Lords.

The Secretary of State already expects to be able to quickly decide to accept or reject notifications in many cases—then inform parties of those decisions—much faster than the five-day working limit proposed. However, I must stress that it is important that there is scope for flexibility in the relatively rare circumstances where more time may be needed. When notifying relevant parties that a notification has been accepted, there may, for example, be multiple, potentially international, parties needing to be contacted whose details are not immediately available.

In some cases, purely as a matter of practicalities, the Secretary of State may need more than five working days to notify a party that their notification has been rejected. Take a notification sent in by letter, from either a UK or a foreign company, without proper contact details and which does not meet the requirement for notification. The Secretary of State would, therefore, be likely to reject it. This may seem trivial, but it may take more than five working days to find the contact details for the notifier to notify them of the rejection. If the letter contained commercially sensitive or personal information, it is particularly important to get that right to make sure that any correspondence from the Secretary of State is not sent to the wrong person. This is just one practical example where it could take longer than five days to notify of an acceptance or a rejection.

Just imagine: the amendments could enable sophisticated hostile actors to game the system. There will be people out there who will want to game this system, if they can, but I am sure that that is in no way the intention of my noble friends.

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[Baroness Bennett of Manor Castle (GP) [V]]

My Lords, I speak to move the linked Amendments 14, 19 and 20, which appear in my name. I must begin by offering my profound thanks to the Public Bill Office for providing the expert legal assistance to deliver a legal framework for the purpose set out in the explanatory statement, which is

“to ensure that Parliament is able to scrutinise financial assistance before the Government is committed to its provision.”

Noble Lords will recall that, in Committee, the noble Lord, Lord Hodgson of Astley Abbotts, drew our attention particularly to Clause 30, which provides the Secretary of State with the power to compensate for the consequences of him or her making a final order under Clause 26. I quote the noble Lord from that debate:

“Its wording can best be described as wide, and the Explanatory Notes are not much more helpful.”


The noble Baroness, Lady Bowles, said in that debate that,

“if the Government’s requirements have caused disaster to befall a company through delay, there should be a mechanism for compensation. However, how that is to operate needs to be made clear.”

The noble Baroness, Lady McIntosh of Pickering, asked a good question about

“from which budget the grants, loans and indemnities would come.”

I will now disagree with the noble Baroness, Lady Noakes, by proving that it is possible for us to agree, at least occasionally, for I entirely agree with her comment in Committee that

“a Bill about stopping certain transactions could have morphed into one whereby the Government will stuff public money into the pockets of one or more of the parties involved, with almost no explanation.”

I conclude my little roundup with the words of the noble Lord, Lord Clement-Jones, who started this debate. He said that

“there is no control over what the Secretary of State does.”—[Official Report, 16/3/21; cols. 215-20.]

I apologise to your Lordships’ House that these amendments appeared late. Given all the discussion in Committee, I was rather hoping that someone with more experience of legislating than me would pick the issue up but, when I saw that that had not happened, I thought that I should at least give the House a chance to find the solution to a problem so clearly identified in Committee. What I am doing is taking the financial compensation—the potentially swingeing payout—from the hands of the Minister and handing it to the best possible democratic control and greatest transparency: that of Parliament.

To run through some of the regular reactions that we hear from Ministers, if the Government say, “This could be better drafted”, I would be happy for them to do so. If they say that there should be a lower limit to the sums concerned, that is certainly something to talk about. If they suggest that this would slow the process, I would point to recent times when Parliament has proved able to act very quickly—the events of 30 December 2020 come to mind—if the money is needed and justified.

However, I think that there is clearly greatly increased public concern about the Government handing over money to the private sector; that concern has increased even more since our debate in Committee. In the interests of not being seen as political, I will resist the urge to expound at length on the reasons why there is growing public concern, because I am making a serious attempt here to see if some improvement, clarity or democratic oversight can be provided to the exercise of Clause 30.

Last night, during the Financial Services Bill, we were talking about regulatory capture and, indeed, political capture—a situation in which the Government are often seen to be acting as a wing of, or advocates for, business, rather than as an advocate for the common good. I am not saying at this moment that I will not push this matter to a vote but am not saying that I will. I want to hear the, albeit rather disappointingly short, debate and anyone who might want to question the Minister’s response before making a decision on that. I should like there to be some movement, clarity and reassurance on the use of Clause 30. I beg to move.

[Lord Grantchester (Lab)]

I thank the noble Baroness, Lady Bennett, for the amendments in this group. We recognise the importance of financial assistance in relation to the regime where it would have financial impacts on businesses, following a final order being made. We understand the public significance of financial assistance and are supportive of there being parliamentary oversight and agreement to that assistance. The issue of how practical it is to undertake that before any final order is made, presumably after close contact with an affected business, is an interesting point that the Minister will address.

The noble Baroness will understand that consideration of regulations is not generally contentious. Nevertheless, her points are well made. Any greater clarity that the Minister can give in the parliamentary process regarding awards made in consequence of government decisions would be helpful. Will all individual cases of those receiving financial assistance be made public? It would be interesting to understand the Government’s intentions and the role of Parliament in scrutinising financial assistance.

[Lord Grimstone of Boscobel (Con)]

My Lords, perhaps I may extend my thanks to the noble Baroness, Lady Bennett, for the amendments she has tabled. I also welcome to the Chamber one of my supporters, the noble Baroness, Lady McDonagh.

These amendments would remove the requirement for financial assistance to be given with consent from Her Majesty’s Treasury. They would require, instead, regulations to be approved by Parliament before financial assistance is given. Amendment 20 would consequently remove the reporting requirement when financial assistance exceeded £100 million in any financial year.

I think it is a sensible check in the context of this regime to set out in the Bill a requirement for the consent of HM Treasury. Parliament has a choice today in the final stages of this Bill on whether to approve the principle that financial assistance should be made available in consequence of the making of final orders. Requiring that an affirmative statutory instrument be laid each time money is proposed to be spent for these purposes would be excessive and possibly cause that principle to be debated each time. Indeed, parliamentary approval for each occasion of spending is likely to be impractical in many circumstances because of the time required. The delay could lead to the UK losing important capabilities that we may have otherwise been able to support while an appropriate acquirer was found.

On accountability, I remind the House that Parliament will already have voted on the spending estimates, and BEIS will need to account against those. The BEIS accounting officer is ultimately responsible for ensuring that budgets are spent in the correct ways. I am therefore unable to accept these amendments.

Finally, and more generally, I know that several of your Lordships are concerned about the seeming opacity of providing financial assistance. Perhaps I may say a few words to explain the provision further. The reporting provisions are intended to ensure that Parliament will be able to see what assistance the Secretary of State is providing, at least on an annual basis, and more frequently if spending rises over £100 million in any relevant period. Your Lordships may also, at any time, ask Questions to the Minister about spending on financial assistance, which will have to be answered in the House. Additionally, HM Treasury will not be forthcoming in its consent to spending unless a strong case is made, and use of the power will be subject to all obligations on using public money.

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[Lord Fox (LD)]

My Lords, I am grateful that the noble Lord, Lord Grantchester, is arriving back in his place, as I am not intending to speak for very long, so he had better get there swiftly.

This seems to be the other half of the amendments that went with the previous debate, and the group, with the exception of the noble Lord, is mutually exclusive, but it is still around subsidy payment money and what it is. The central question about Clause 30 is: what was in the Government’s mind when it was drafted? What is it for? The longer the Minister refuses to be specific in answering that question, the more I am drawn to the supposition that the Government do not know what it is for and that it has been put there as an insurance measure, just in case. Frankly, that is typical of the way this Bill has been written. It has been written as widely as possible to give the department as much leeway as possible in the event of stuff happening, stuff which is as yet undefined or is perhaps undefinable. That is not a good example of what Governments should be bringing to your Lordships’ House for approval.

The questions that have been asked very clearly by the previous speakers are important. If the Minister wants to prove that there is some guiding force behind Clause 30, and not just “We’ll put it in just in case we need it”, which is what it looks like to me, I look forward to hearing his comments.

In speaking to the previous group, the Minister implied that the fact that the Treasury would have a hand on the tiller should give us comfort. If the only comfort we have is that the Treasury will be looking over your shoulder, it does not sound very comfortable. The department should know what this money is for, why it is there and what it is going to be used for. We should not have to rely on the good offices of Her Majesty’s Treasury.

[Lord Grantchester (Lab)]

I am very grateful to the noble Lord, Lord Fox, for looking after my welfare.

I am grateful to the noble Baroness, Lady Noakes, and the noble Lords, Lord Hodgson and Lord Fox, for pressing further through this group on the scope of Clause 30 concerning financial assistance, how far and in what circumstances financial assistance will be provided to businesses resultant on government decisions, and what the Government have in mind when under Clause 30(2)

“any other kind of financial assistance (actual or contingent)”

could be helpfully provided.

Amendment 18 is important in raising the issue of compensation, which I am sure the Government will continue to resist. Greater clarity will be always be helpful. Does the Minister envisage assistance being given beyond a certain figure? The sum of £100 million is specifically mentioned in the Bill. It seems to us, however, that the scope of the provision in Clause 30 is adequately drawn up.

[Lord Grimstone of Boscobel (Con)]

My Lords, I am grateful for the attention that your Lordships have paid to Clause 30 today and in Grand Committee. As we know, the clause enables financial assistance to be given to, or in respect of, entities in consequence of the making of final orders. The key challenge from your Lordships towards this clause has been about transparency and how the system will work. I will do all I can today to cast some further light on this.

First, I shall address Amendment 15, tabled by my noble friends Lady Noakes and Lord Hodgson and the noble Lord, Lord Fox, which would limit financial assistance to situations in which the Secretary of State considered that there was a risk to national security. I am pleased to be able to reassure the House that this Bill already requires that financial assistance may be given only where there is a risk to national security, since it states that financial assistance may be given only when a final order has been imposed. As final orders may be imposed only once a risk to national security has been determined to exist, I am happy to confirm and to reassure noble Lords that a risk to national security is a necessary part of granting financial assistance.

All financial assistance will be further subject to the usual scrutiny and agreement of HM Treasury, as I said in Committee. I may not be completely reassuring to all noble Lords, but I have no doubt that it would be scrutinised thoroughly by HMT. Essentially, the Secretary of State will not be able to hand out money in any way they choose, or, in my noble friend Lady Noakes’s phrase, to

“stuff public money into the pockets”—[Official Report, 16/3/21; col. 218.]

of companies.

Turning to Amendments 16 and 17, tabled by my noble friends Lady Noakes and Lord Hodgson, and the noble Lord, Lord Fox, Amendment 16 would limit the forms of permissible financial assistance to loans, guarantees and indemnities. Amendment 17 would specify that financial assistance would need to be given on “arm’s length terms”, which might be subject to a degree of interpretation in this context, but I appreciate that both amendments are probing the nature of any financial assistance.

It is important that the Secretary of State has some flexibility in the types of financial assistance that might be given, because there may be circumstances—perhaps unforeseen at the moment—where a form of assistance other than loans, guarantees or indemnities, will be appropriate. It would be most unfortunate if we had tied the Secretary of State’s hands so that they could not give such assistance just when it was needed. I assure noble Lords that the Government will be guided entirely by prudence when deciding what form of assistance is appropriate. However, we should not limit financial assistance in the way proposed by the amendments in lieu of a clear case for why this must be done. I am afraid I have not heard that clear case today, although I am very grateful to my noble friends for their points of explanation.

Picking up a point made in Committee, I reassure my noble friend Lady Noakes that financial assistance may be recoverable, depending on the terms set by the Secretary of State. Just as the decision to grant financial assistance will be taken on a case-by-case basis, so the terms of that assistance will be fixed on a case-by-case basis, including whether it should be recoverable. Indeed, I expect that in many circumstances the assistance would be recoverable. All such spending would be made clear in the annual report and in a separate report to the House of Commons if spending exceeded £100 million in any relevant period.

It may be the case that following a final order, only non-recoverable financial assistance would ensure that the UK does not lose capabilities considered important enough for the Secretary of State to intervene to protect them in the first place. If they are important enough to prevent losing them to actors who may do us harm, it should be open to the Secretary of State to decide whether they merit unrecoverable support. If financial assistance is given to a firm, that does not mean, in these circumstances of national security matters, as my noble friend Lord Hodgson said in Committee, that the firm is somehow a wounded bird or has become inherently unattractive. In most circumstances it may just mean that the Government are tiding it over until a more suitable acquirer, which does not pose a risk to national security, is found. To be absolutely clear, the Government do not intend for financial assistance under the NSI regime to be used as a form of back-door subsidy control. Under the Bill, financial assistance may be given only in consequence of a final order—to mitigate the effects of a final order, for example.

Amendment 18 would provide that financial assistance may include compensation given to anyone who suffers economic harm because of actions taken under the Bill. I remind your Lordships that subsection (1) already limits financial assistance to assistance given

“to or in respect of an entity in consequence of the making of a final order.”

Therefore, even with this amendment, Clause 30 is not a general compensation scheme. It relates only to final orders. Additionally, I have doubts as to whether the amendment would be straightforward to apply. For one thing, it is not entirely clear what would constitute “suffering economic harm” as a result of actions under the Bill. Furthermore, it is not clear how such harm would be assessed, what evidence would be needed or what sort of assistance would be appropriate.

--- Later in debate ---

[Lord Clement-Jones (LD)]

My Lords, I shall speak to the amendments tabled by the Minister, and I thank him for doing so. I shall also speak to those tabled by the noble Baroness, Lady Noakes, and Amendment 34, tabled by the noble Lord, Lord Grantchester, which I have signed and strongly support. The noble Lord, Lord Lansley, has highlighted the extra importance of transparency in the annual report in these circumstances where we already no doubt have a backlog of potential action.

I thank the Minister for responding to concerns in Committee and in the meantime and for taking us towards greater transparency. While the noble Baroness did not use the expression “half a loaf”, since it is perhaps three-quarters of a loaf, it goes some way towards giving us a greater understanding of how effective the regime is, particularly given the Government’s desire to keep these rather uncertain timescales that we were talking about in Committee.

In Committee, I hoped to persuade the Government to undertake a regular review of whether the Act was achieving its aims. It seems good practice to make sure that we have the right balance between the investment climate and national security concerns. The Government were unpersuaded by that, but I hope they will take on board the contents of the amendment by the noble Lord, Lord Grantchester, particularly new paragraph (p),

“the impact on levels of foreign investment in the United Kingdom brought about under this Act”,

which would be inserted as a requirement in the annual report. Currently, the annual report does not go far enough. Surely, seen in the round, one of the most important factors is the impact of the Bill on foreign investment. Is this not a key indicator that should be included in any annual report? How can we judge how the balance of the Bill’s requirements are working? Is foreign direct investment not sufficiently important to be included in the annual report? I hope that the Minister can perhaps explain, if there is no explicit reference to it, why not, and if not, whether there will be a description of how the regime is operating.

Other aspects of the amendment from the noble Lord, Lord Grantchester, are extremely important. The noble Baroness, Lady Noakes, mentioned the average staff resource allocated to the operation of reviews and so on. That resource aspect is going to be very important so that we can see transparently what resource is being devoted. Then there is the whole aspect of SMEs, which potentially could be impacted very heavily. The noble Baroness, Lady Neville-Rolfe, talked about this. I think that is a very important aspect too.

The way that the regime in the Bill impacts is extremely important. The Minister has given us some transparency, but I very much hope that he will accede to further requirements that could be included in the annual report really without very much difficulty.

[Lord Grantchester (Lab)]

I welcome the lead amendment in this group from the Government, providing greater clarity to the Clause 53 procedure for service. However, the bulk of the amendments in this group concern Clause 61, on the annual report. I thank all noble Lords who have contributed to this debate.

In commerce, I have always championed annual reports as a strategic publicity document for an organisation, displaying how it is performing, how effective it has been, what results and achievements it has attained and what wider societal responsibilities it has performed. It can be far more than a dry, lumpy statutory document that has to be produced and is a chore to be complied with. I am sure it should be the same for government departments and public agencies.

I am grateful, therefore, for the dialogue since Committee with the Minister and his team regarding this issue. I am very glad that the Government have looked again at Clause 61 and at the material that could be provided in the annual report of this new unit and its operation. I am grateful to the noble Baroness, Lady Noakes, for looking at this and extending the information to be provided to cover both mandatory notifications as well as voluntary notices.

The noble Baroness has also added many more aspects that would provide greater visibility for the activities of the ISU. It is important that the Government are transparent about these areas so businesses can see the impact on their activities and compare experiences. Parliament and the public can monitor the work of the unit and determine the value to national security activities and how far legitimate businesses are being affected. These amendments were all supported by the UK BioIndustry Association. I thank it for the briefings it has sent throughout the Bill.

However, we still believe that there is more that the Government could do to assist the understanding of this new regime. I thank the noble Lord, Lord Clement-Jones, for adding his name to my Amendment 34. Greater transparency could still be given on the resources allocated to the new unit, the extent to which small and medium-sized enterprises are called in under the regime and the Bill’s impact on foreign investment. This is about requiring greater accountability from the department on the unit’s service standards.

The business community still remains somewhat nervous concerning the impacts on it as a result of the Bill. Throughout its passage, we have sought to champion clarity and support for SMEs and innovative start-ups, which are the engine of growth in the economy, create many new jobs and enhance prosperity. We are keen to foster a business environment in which SMEs can thrive.

It would be beneficial for the Government to report on the unit’s work with SMEs in the annual report. This can only be helpful in providing detail and reassurances to SMEs on the operation of the unit and its impacts on them. I would be very grateful if the Minister could provide reassurances that his department will embrace the annual report in a positive manner and provide as wide a range of information as possible.

[Lord Callanan (Con)]

My Lords, first, I thank all noble Lords who spoke in this debate, particularly my noble friend Lady Noakes—for her Amendments 26, 28, 29, 30 and 31—and the noble Lords, Lord Grantchester and Lord Clement-Jones, for Amendment 34.

I also thank my noble friend Lady Neville-Rolfe, to whom I will reply first. The Government have written on plans for a range of guidance, as my noble friend said. This is intended to aid parties in understanding and complying with the Bill. Timings and matters of requirements are set out in the legislation; they were consulted on, and of course they cannot be added to in guidance. As in the past, the Constitution Committee advised us quite strongly against legislating through guidance. Of course, we remain open to further proposals for guidance that assists in understanding and complying with the basic provisions in the Bill.

I move on to Amendments 26 and 28, which seek to require the Secretary of State to report on the “maximum and average time” taken to process mandatory and voluntary notices. These amendments would also require the Secretary of State to report on the “maximum and average time” taken between a notice being accepted and a call-in notice or notification of no further action being given or issued. Clauses 14 and 18 already set out that, if a notification is accepted, the Secretary of State has up to 30 working days to either give a call-in notice or notify each relevant person that no further action will be taken under the Bill.

I outlined in Grand Committee that these timings are a maximum, not a target. I have also set out the principles by which the Government consider it appropriate to specifically amend the Bill to require additional reporting, rather than to judge over time whether it would be beneficial to publish the information. It is already clear in the Bill that the maximum time that can be taken to make a call-in decision is 30 working days.

On the point of including average times, as I hope noble Lords will appreciate, each case will turn on its own facts. Therefore, reporting an average time without explaining the complexities of every individual case would be meaningless, in my view. For example, there may be a low average for some response times where particularly straightforward cases were prevalent—this may be held up as an efficient case review. There may be another period where particularly complex cases are dealt with exceptionally efficiently but none the less slightly more slowly. What would a comparison of the averages without further details on the cases provide? To my mind, it would provide nothing but a misunderstanding.

Amendment 29 seeks to require the Secretary of State to separately report on the number of call-in notices given in response to mandatory and voluntary notifications. I reassure the noble Baroness that the Bill already allows for the Secretary of State to do this in the future if deemed useful. Clause 61 sets out minimum reporting requirements that the Secretary of State must meet in the annual report.

Amendments 30 and 31 seek to require the Secretary of State to report on the “maximum and average time” taken between a call-in notice being issued and the making of a final order as well as the “maximum and average time” taken between a call-in notice being issued and a final notification that no further action will be taken under the Bill. In my view, the same argument applies in response to these amendments.

--- Later in debate ---

[Lord Clement-Jones (LD)]

Noble Lords will be relieved to hear that I have very little to add to what my noble friend has just said. The basic fact is that everything we have discussed in the course of our consideration of the Bill could be changed by regulation. If noble Lords do not believe me, they can look at Policy Statements Regarding Statutory Instruments Required for the Commencement of the NSI Regime, as updated on 2 March 2021. There are eight extensive areas—my noble friend mentioned a few of them—for changing the sectors covered. If that is not a massive change, I do not know what is. Changing the trigger thresholds, which we have been debating today, would effectively change the entire mandatory regime. These changes could all radically change the nature of the Bill. Whether or not noble Lords accept the scenarios put forward by my noble friend, that should be a real wake-up call. No primary legislation should be subject to the possibility of change as broad as that. So I support my noble friend’s amendment, and I very much hope the Minister will rethink the attitude taken by the Government in Committee to this self-same amendment. The super-affirmative process is a good one; it gives proper deliberation to changes and it is far more democratically accountable.

[Lord Grantchester (Lab)]

I am grateful to the noble Lords, Lord Fox and Lord Clement-Jones, for the amendment, which proposes a super-affirmative process for regulations under subsection (1) of Clause 6, “Notifiable acquisitions”. This was debated at length in Committee, and we certainly agree that parliamentary scrutiny of regulations is not always as meaningful as it might be. We can feel sympathy with the view that notifiable acquisition regulations are highly significant and require proper oversight, not merely by both Houses of Parliament but also by many experts who might become involved.

The opinions of those experts could be sought and made available to Parliament and deliberated on. The importance of consultations with stakeholders who are knowledgeable and familiar with the situation at the leading edge is also recognised. However, the Delegated Powers and Regulatory Reform Committee did not call for the super-affirmative procedure to be adopted for these regulations under the Bill. Indeed, in its report of 22 February it said that

“there is nothing in the Bill to which we would wish to draw the attention of the House.”

It would be unusual to take a view contrary to the considered opinion of that well-respected committee of your Lordships’ House.

We remain somewhat sceptical about how the super-affirmative procedure would work in practice, over and above the normal affirmative procedure, in this case, even if custom and practice deemed the process less than ideal in all circumstances. We feel that experience needs to be gained first before undertaking this extra affirmative process. I hope this confirmation of what the noble Lord, Lord Fox, may have heard about our view on his amendment may not greatly startle him.

[Lord Callanan (Con)]

My Lords, I of course welcome the amendment from the noble Lords, Lord Fox and Lord Clement-Jones, which seeks further parliamentary scrutiny of Clause 6 regulations, and the opportunity to put forward the Government’s case once more. I can spare the noble Lord, Lord Fox, the agony and tell him that, great though my ministerial powers are, I am not a miracle worker and, therefore, probably will not satisfy him.

The Bill as drafted provides for regulations made under Clause 6 to be subject to the affirmative resolution procedure. This amendment would require the Secretary of State to lay a proposed draft of any regulations made under Clause 6 before Parliament for 30 days before the draft regulations themselves are laid and subject to the approval of both Houses. It would also require the Secretary of State to identify a committee to report on the proposed draft regulations and then report on their consideration of the committee’s recommendations.

We have, as the noble Lord, Lord Fox, said, previously discussed the importance of regulation under Clause 6, and I thank the noble Lords for their commitment to ensuring meaningful parliamentary scrutiny of the making of such regulations. However, the Government’s position remains that the affirmative procedure—or regulations made under Clause 6—ensures such scrutiny by requiring Parliament to approve regulations. In Grand Committee, the noble Lord also highlighted the importance of the Secretary of State maintaining “serious technology foresight” and making any regulations under Clause 6 to protect our national security effectively. I can assure noble Lords that the Government are committed to keeping regulations under constant review to ensure that this regime is effective in protecting our national security and reflects technological changes.

The affirmative procedure will, in addition, provide the Secretary of State with the flexibility to update the mandatory regime quickly should new risks to national security arise. For all these reasons, I ask that the noble Lord withdraw his amendment though, in the absence of the requested miracle, I suspect that he is not going to do so.

Greenhouse Gas Emissions (Kyoto Protocol Registry) Regulations 2021

Lord Grantchester Excerpts

Tuesday 13th April 2021 Grand Committee

[Lord Grantchester (Lab)]

I add my thanks to the Minister for his introduction to the SI before the Committee today. As he said, the Kyoto Protocol and its mechanisms have been crucial in setting up co-ordinated international regimes to combat climate change. The treaty agreement has focused on green development through sustainable technology and investment. It has helped countries to meet emission reductions targets, removing carbon from the atmosphere cost-effectively, and has certified trading through registries to encourage industries and companies towards sustainability.

This statutory instrument continues the necessary arrangements to set up a complementary UK protocol registry following the UK leaving the EU emissions trading scheme, and I approve of it. However, as others have commented, the Government have not yet got the UK registry operational in time for the end of the transition period. The UK Kyoto Protocol registry will not become available until May this year, albeit that that is now only a few weeks away. Can the Minister confirm that everything is on track and that the trading of KP units will begin in June this year? Granted that priority has been given to the UK emissions trading scheme to be operational at the end of the transitional period in January, can the Minister confirm that this scheme has been embedded successfully and that the preparatory work undertaken so that the necessary international connectivities can proceed under this protocol will now proceed smoothly?

The Secondary Legislation Scrutiny Committee highlighted in its 48th report the possible impacts on businesses. Interestingly, neither the department nor the Environment Agency has received complaints from businesses about interruptions or costs as a consequence of this failure to maintain continuity with the EU registry. As the noble Lord, Lord Bourne, has asked, will any issues become more pressing by June, when businesses bear the costs? While being reassured that any damage may prove to be minimal, does the Minister expect any consequences at all? Perhaps he could comment further on the point that the UK KP registry serves as a distinct and separate policy from the UK ETS registry. Along with the noble Lord, Lord Teverson, I think that an understanding of these technicalities would be most helpful.

At this point in the process of establishing the UK regime, the future objectives and priorities of the scheme closely resemble those of the EU. Does the Minister’s department have any variations in mind that might enhance the UK’s path towards net zero? Any changes to the scheme, including calculations on emissions, must have only that intention and direction in mind in order to avoid the offshoring of emissions.

We are also somewhat in the dark regarding the Government’s intentions. The weakness of this statutory instrument is that it is silent on all this. How similar to and how compatible will it be with the EU scheme? Indeed, what links may there be at all? As my noble friend Lord Whitty asked, will the UK scheme address carbon demands within the UK economy or merely reflect production? Will it add to the focus on the need for more attention to methane emissions, as the noble Lord, Lord Redesdale, asked? There are also issues about possible competitive distortions in state aid to certain industries. The greater challenge is halting the relentless increase in global warming, as emphasised by the noble Lord, Lord Howell. It may well be a challenge to the Minister, but if he could reveal anything at all, that would be most helpful.

Renewables Obligation (Amendment) Order 2021

Lord Grantchester Excerpts

Tuesday 23rd March 2021 Lords Chamber

[Lord Grantchester (Lab)]

I thank the Minister for his clear explanation of the order before the House today. I also thank all the other speakers who have come forward with views and congratulate the noble Lord, Lord Kamall, on his interesting maiden speech. I look forward to many more insights from him on the energy sector and wider issues in the UK economy.

The renewables obligation has been one of the Government’s mechanisms to bring forward investments in renewable power to reform the energy market away from reliance on fossil fuels. It has been tremendously successful, as the Minister said. At initiation in 2002, it aimed to bring about 10% renewable energy by 2010. It has exceeded all expectations and presently about 30% of electricity supplied in the UK is generated via the scheme. All that is to be encouraged, and the effect on modernising the UK’s power supplies has been considerable.

However, along the way there have been several mishaps and distortions. The most pressing has been the balance of risks and costs between generators and electricity suppliers, which the Government have ignored for far too long and is now the subject of this corrective, restorative amendment. The mutualisation scheme, with a trigger threshold of £15.4 million, resulted in excess payments, as the noble Baroness, Lady McIntosh, said, of £53.4 million, £88.1 million and £31.4 million over the last individual three years falling on suppliers and their customers. Paragraph 7.3 of the excellent Explanatory Memorandum says that with a “notional value” of “£54.43 per ROC”,

“The total value of this support … was estimated at £4.5bn.”


The next paragraph explains how these excess mutualisation debts have arisen—a set of circumstances I remember well in my business’s energy supplies, with chaotic management and incoherent billing by my supplier resulting ultimately in the supplier’s bankruptcy. This amendment order is urgently needed to return the supply market to stable conditions again. We support it today for that stable environment.

An early attempt, introduced by Ofgem, was to set tougher entry tests for energy suppliers before they are allowed to trade. Can the Minister give any figures on how many companies have been denied access through these more stringent tests? It may be too early to reflect how important this element will be in complementing the order to make effective increases to stability. Has the Minister any comments to add about how these tests will substantially ameliorate the problems that businesses like mine will have experienced? I understand that a further two companies have gone bust this year, in addition to the 25 in recent times, resulting in nearly 2 million customers suffering disruption and the mutualisation fund to be paid increasing.

This order seeks as a solution to return the mutualisation threshold to 1% of the cost of the scheme, the initial level it was academically set at in 2005. For the 2021-22 year, the threshold will increase to £62 million. We agree that it restores a balance of risk between generators and suppliers that was established then and to which the consultation did not demur, even if the readjustment will be painful for many generators.

If the percentage is maintained at 1%, will that automatically nullify any future problems? It was originally set at that percentage under the academic assessment that it was at a level where mutualisation arrangements would not arise or be at a level only of immateriality. Does the Minister agree with that assessment— that the mutualisation trigger will return to being immaterial? Will the situation now stabilise? What checks and assessments will be put in place to monitor the effectiveness?

The country remains in a precarious situation in the climate emergency. The initial RO market has been closed to new entrants since 2017. The ceiling on limiting levies on the consumer through the LCF has been replaced by a blanket ban on new levies through the control on low-carbon levies this year.

Companies will be running out of time in their 15-year window periods to recover technology costs, yet the country needs further decarbonisation investments urgently. There will be an explosion in levy requirements resulting from the recent announcements on offshore wind and Sizewell C. The Government have announced confidence in the regulated asset base of the future funding models for these huge investments. While these considerations take us some way beyond this order, nevertheless, is the Minister confident that the regulatory support mechanisms will set robust parameters on the costs for consumers; and that fleet-of-foot, small-scale renewables schemes—and the innovations they may contain—will continue to be able to help with progress towards the necessary decarbonisations? There is a long way to go.

Heat Pumps

Lord Grantchester Excerpts

Monday 22nd March 2021 Lords Chamber

[Lord Callanan (Con)]

We already work closely with Ofgem and key electricity network stakeholders to assess the network impacts and the future requirements arising from the increased deployment that the noble Lord highlighted. The work is focused also on how these requirements can be met cost effectively and practically, and on the potential role of flexibility in switching demand away from peak times.

[Lord Grantchester (Lab) [V]]

My Lords, in the absence of a heat and building strategy, with only a scattergun, 10-point plan at the start of another financial year for local councils, what will the Government implement to co-ordinate local area energy planning into an effective patchwork of integrated solutions, starting with incremental core funding schemes?

[Lord Callanan (Con)]

The heat and building strategy will set how we will co-ordinate many of these plans and work with local authorities. As the noble Lord is aware, we have a number of incentive and funding schemes to help in this deployment.