Energy Bill Relief Scheme and Energy Bills Discount Scheme (Amendment) Regulations 2024

Lord Offord of Garvel Excerpts

Wednesday 12th February 2025 Grand Committee

[Baroness McIntosh of Pickering (Con)]

My Lords, I congratulate the Minister on the stamina he has shown over the last 48 hours. I welcome these regulations; had we remained in Government, I am sure that we would have done exactly the same—as was also said in the debate in the House of Commons.

The Minister alluded to the fact that energy prices are still quite high. I understand that within one of these regulations there is provision for an off-grid payment of £150. If that is the case, will his department look favourably on charities, public sector bodies such as schools and hospitals and, as he rightly mentioned, micro-businesses of under 15 employees—or even 50—so that they might remain eligible for that?

The noble Lord referred to unfair, and what I would call sharp, practices that are perhaps still going on. This is only anecdotal, and I cannot prove it, but there was a restaurant not too far from this building which I think partly closed and changed hands because they had an unbelievably high electricity bill in January last year, so I am delighted to hear that the Government have launched this consultation with a third party. It would be interesting to hear more about how those brokers might operate. What provision will be made to ensure that the brokers are reliable and able to operate within this sphere?

With that, I pay tribute to the previous Government for their work and the protection that was given to non-domestic customers, which was very welcome at the time. I recognise that we are still in a period of high energy prices and, with those few questions, I wish the SI a safe passage.

[Lord Offord of Garvel (Con)]

My Lords, I commend the Minister for a pretty spectacular explanation of what is quite a complicated and technical exercise. These schemes were introduced, as was said, between October 2022 and March 2024 and, as we know, they gave much-needed assistance to non-domestic customers. We are dealing now with a small yet significant minority of consumers who have not received their finalised bills, due to ongoing delays in the actualisation process. My understanding is that these delays arise mostly from the use of estimated rather than actual meter readings, but they have created significant complexities for both suppliers and consumers, especially when one of the issues around this is the concept that the supplier can become “off-boarded” when they hit the actualisation thresholds, as mentioned by the Minister, of 95% for billed gas and 97% for billed electricity, which means they are no longer required to apply further discounts.

We agree that this is a legacy issue that needs to be dealt with. Our only issue—I am sure that the department is working on this—is the need to deal with unintended consequences, such as where a supplier is off-boarded but still has unbilled energy due to these administrative delays. The amendment allows for discounts to continue only in cases where a billing failure has occurred, but does that provide sufficient protection to the consumer if the errors are on the supplier’s part, for example?

Further issues might be that the amendment extends the rule limiting discounts on variable price contracts. Discounts can only be reduced, not increased, post off-boarding. Does that sufficiently accommodate fluctuations in wholesale energy prices that suppliers may face? Does it risk creating an imbalance in terms of supplier and consumer rights? Then there is the issue of disputes. While the original scheme allowed for disputes to be referred to the Secretary of State—a horrendous concept—the amendment seeks to close that avenue. I am sure that the department is all over this, but we need to ensure that, in the technicalities of actually making this happen, we get a fair balance between supplier and consumer rights. Otherwise, we support the passage of this SI.

[Lord Hunt of Kings Heath (Lab)]

My Lords, I am grateful to the noble Baroness, Lady McIntosh, and the noble Lord, Lord Offord, for the welcome that they gave to the statutory instruments. I say to the noble Lord that we think the statutory instrument will be sufficient. The carve-outs, which are relevant to the points he raised, are aimed at ensuring that consumers will be well protected from poor operational practice by suppliers.

The noble Lord also asked about disputes. The fact is that, if a supplier cannot resolve an issue with a customer satisfactorily, the customer can either directly refer the matter to the ombudsman, if eligible, or to Ofgem, or get in touch with the department, which will then refer the matter to Ofgem. Ofgem will then review the customer’s complaint and decide whether a formal investigation into the supplier is required. If the customer has exhausted other routes, they are obviously also able to seek civil restitution through the courts, but I hope that that would not normally be necessary.

On the non-domestic alternative fuel payment, it was indeed part of the support programme. Obviously, it served its purpose, and I accept the point the noble Baroness raised.

I have mentioned the carve-outs. I understand the issue about energy bills, and we know the pressure that this causes. We debated some of these matters extensively —I was going to say last night but it was actually this morning. I might leave it there. I am most grateful to noble Lords.