Great British Energy Bill

Lord Vaux of Harrowden Excerpts

2nd reading
Monday 18th November 2024 Lords Chamber

[Lord Vaux of Harrowden (CB)]

My Lords, I declare my interest as a small-scale generator of hydroelectricity. I welcome the intentions behind the Bill: an affordable, secure and decarbonised power system must be a good thing. I suspect that the stated timeframe of the next five years is rather overoptimistic but, again, I commend the intention. I caution against rushing the transition too much. We must ensure that we do not undermine our energy stability, and rushing could create that risk, make it more expensive than it might otherwise be and undermine the intention of reducing energy costs over the period. Again, the intention is good.

However, the Bill does not do anything beyond allowing for the creation of the company. It sets out only some very broad parameters as to what it may do. In that, as we have heard, it is quite similar to the UK Infrastructure Bank Act 2023. Indeed, whole clauses of the Bill seem to have been copied verbatim from that Act, and I suspect that we will have many of the same debates that we had then. I seriously considered taking my Second Reading speech on that Act and changing the name, but I decided against that.

However, there are important differences between this Bill and that Act. First, like the UK Infrastructure Bank Act, there is a requirement in Clause 5 for the Secretary of State to

“prepare a statement of strategic priorities for Great British Energy”.

In the case of the UK Infrastructure Bank, the then Government provided a detailed draft of that statement, along with the detailed framework document referred to by the noble Baroness, Lady Noakes. We were able to see what the bank was intending to do and the assumptions around, for example, whether it would be required to make a positive return. That was extremely helpful. In this case, I understand that the Government have no intention to provide such a draft before the Bill is passed. I hope that that is wrong, but it sounds as if we will be having these debates rather in the dark, which is deeply unsatisfactory but, rather depressingly, becoming something of a theme.

The Government have made many claims about the benefits from GBE, which the Minister has repeated today. Being something of a finance nerd, it was therefore with great excitement and enthusiasm that I turned to the impact assessment. Let me give your Lordships some highlights from that. The total net present social value from GBE is given as not applicable; the business net present value is not applicable; the net cost to business per year is not applicable; the CO₂ equivalent change in greenhouse gases, which is its core purpose is—guess what?—not applicable. In fact, in every single section of the impact assessment, it says not applicable. But I read on, and it goes on to say that:

“This legislation is not expected to have any direct benefits associated with it”.


Which is, I suppose, straightforward. We are being asked to scrutinise a Bill where we are not going to be allowed to see the statement of strategic priorities and for which there is no meaningful impact assessment for what the Government are planning to do.

That makes my next point even more important. Apart from a requirement to publish a report and accounts that simply comply with the Companies Act 2006, there is absolutely no reporting and accountability required for Great British Energy in the Bill. Given that we know nothing about the strategic priorities, that has to be unacceptable. It is in stark contrast with the UK Infrastructure Bank Act, where there is a whole section requiring an independent report to be laid before Parliament on,

“the effectiveness of the Bank in delivering its objectives, and … its impact in relation to climate change and regional and local economic growth”,

and, importantly,

“(including the extent to which its investments … have encouraged additional investment … by the private sector)”.

That references the additionality concept that the noble Baroness, Lady Noakes, and others have referred to. With the UK Investment Bank, that report is to be laid before Parliament, and is carried out initially after seven years and then at five-yearly intervals.

It is surprising that the Government do not feel that something similar should apply here and that they actively excluded that clause from their copy-and-paste exercise. They have made all sorts of claims about what GBE will achieve but seem unwilling to have the actual performance measured and reported on. I confess to finding that rather shocking. Can the Minister please explain why the Government felt they should copy the UKIB Act but exclude all meaningful accountability aspects, especially given their own support in opposition for the independent review clauses in the UKIB Act? This is something of a change of tune, I think. Infrastructure is, by definition, long-term, so the UKIB timeframes were long—seven years. GBE is talking about completing the decarbonisation within five years, so it must be the case that shorter duration performance-reporting periods should apply.

The impact assessment says that:

“All investment into and expenditure of GBE will be subject to future spending reviews and business cases, which will set out in detail the monetised and non-monetised impacts of GBE’s activities”.


That sounds promising. Can the Minister explain how and when those spending reviews and business cases will be published, and whether they will be made available for scrutiny by Parliament? Perhaps more importantly, how will the actual performance of GBE against those business cases be reported on and scrutinised? I am absolutely certain that we will have many more debates on this element, especially if we do not see the statement of strategic priorities.

During the debates on the UKIB Bill, we had many discussions about how important it was that the activities of the bank should be aimed at crowding in private investment and avoid crowding out private investment. I said during those debates that,

“if the bank simply ends up becoming a cheaper form of subsidised finance in situations where private finance is already available, we will have failed”.—[Official Report, 14/6/22; col. 1555.]

The same sentence applies with bells on in this case. The Government keep repeating the mantra that every £1 of public investment will generate £3 of private investment. I wish it was that simple. If done badly, it can have the opposite effect, so it is critically important that the reporting that I have said we need covers that aspect of additionality. It must be about not just how much we have spent—anyone can spend money—but how effectively we have spent it and what the real impact on private investment has been. Does the Minister agree?

Speaking of the UK Infrastructure Bank—now rather misleadingly called, as we have heard, the national wealth fund—there is clearly quite considerable overlap between the activities of the two entities. Indeed, the UK Infrastructure Bank was set up originally to do quite a lot of what this entity will do. Can the Minister please shed some light on how that overlap will be managed and how duplication between the two entities will be avoided?

The UKIB Act includes details on the composition of the board; this Bill does not. Can the Minister please explain what the Government have in mind about the composition of the board of GBE?

The Bill includes some very broad financial assistance provisions. We have heard that it is intended to provide equity finance of £8.3 billion over this Parliament. However, other forms of finance appear to be completely unlimited and subject to no obvious scrutiny. Can the Minister please explain what is intended in that respect, and what accountability and controls will exist around it? How will any borrowing by GBE be treated within the UK debt figures?

Somewhat related to that, GBE can be designated only if

“it is wholly owned by the Crown”,

and the designation will terminate automatically if it ceases to be wholly owned. That would preclude the possibility of raising any external equity finance into GBE, although I suppose it might be possible into a subsidiary entity. Has the Minister considered whether some flexibility—perhaps allowing minority external equity into GBE—might be advantageous?

Finally, on a different subject, I have a proposal to add an element to GBE’s objects. Since the end of the feed-in tariffs, the only way that domestic generators of electricity can receive any income from any excess electricity that they generate above their own usage requirements is through the smart or export guarantee. Although there are now some better export rates, most are still very low compared with the retail price of electricity. There is little incentive for people to install excess capacity over and above their own usage requirements—for example, putting another two or three panels on their roof. It would surely be a good thing to incentivise people to install more than they need.

I believe there is a way that that can be done at zero cost for the Government, through a peer-to-peer trading facility that would allow generators to sell any excess, perhaps to their neighbours. The only way of doing that at the moment—which I know to my cost—is to wire them in, which is extremely expensive. This facility would allow the generator to earn more than the smart export guarantee rates, so providing a greater incentive to install more capacity, and would allow the neighbours to obtain the excess power at a discount to their own retail cost—a win-win situation. All that is required is a trading company to stand in the middle, and perhaps to take a cut of the trade to cover the costs of the activity. That is a role that GBE could easily undertake, thereby incentivising people to increase domestic renewable generation at, as I said, no cost to the taxpayer. In order to do that, I think that “trading” should be added to the objects in Clause 3(2)(a).

I support, in concept, what the Government are trying to do, but there is an awful lot to do to improve the Bill, especially around the areas of accountability, where it is woefully lacking.

Energy Bills Discount Scheme (Amendment) Regulations 2024

Lord Vaux of Harrowden Excerpts

Tuesday 12th March 2024 Grand Committee

[The Parliamentary Under-Secretary of State, Department for Energy Security and Net Zero (Lord Callanan) (Con)]

My Lords, these regulations were laid before the House on 7 February 2024. As we are all aware, Russia’s illegal invasion of Ukraine led to an exceptional rise in energy prices. At the time, the Government responded decisively to these unprecedented circumstances by delivering critical support to households and non-domestic energy consumers facing significant increases in their bills.

Through the energy price guarantee and energy bill support scheme, the Government have spent more than £35 billion supporting households. Non-domestic customers will receive about £8 billion through the energy bill relief scheme and the energy bills discount scheme, which I will refer to as the EBDS. The swift action to introduce this legislation protected consumers from these inflated prices, mitigating what would have been more severe effects of this economic pressure had the Government not intervened.

The EBDS provides a discount on energy bills for the 2023-24 financial year for energy customers on non-domestic tariffs. The EBDS provides a further, higher level of support where those on non-domestic tariffs have domestic end-consumers. This is to support customers on heat networks who were not supported by the energy price guarantee that was available to other domestic customers.

Heat network customers were not protected as heat networks normally purchase their energy through commercial contracts, which they then sell on to domestic customers. All eligible heat suppliers with domestic customers were required by the EBDS regulations to apply for this additional level of support and to pass this benefit on to their customers. They were required to do this within 90 days of the scheme being launched or within 90 days of becoming eligible. The support given by this scheme ensured that householders who might have otherwise been exposed to the full wholesale market price were instead protected. This support is estimated to be worth about £180 million in total or an average of £1,200 per customer supported.

I turn to the specific amendment to the EBDS regulations that we are discussing. Under current regulations, if a heat supplier has failed to apply to the scheme within the deadline set by the rules, it can still apply for support. Indeed, we have required heat suppliers still to apply for support in order to ensure that as many households as possible can benefit. However, the current regulations allow suppliers to apply for support even after the scheme ends at the end of this month. This means that a customer would not get their support in a timely manner, and it also means that the Government would be legally required to process and pay for the administration of applications potentially indefinitely, at a large administrative cost to the taxpayer.

Therefore, this amendment instead provides for an end date, after which no further applications can be made. The final date will be specified in rules that will be made and published if this instrument is approved by the House. The deadline we intend to set is 31 March 2024, which aligns with the end of the period of cover of the EBDS. We have publicised this 31 March end date widely across the relevant sector. There would be one exception to this 31 March deadline for heat suppliers that become eligible so close to the deadline that it would be unreasonable to expect them to apply. Those heat suppliers would have until 14 April to apply.

I come to the most important aspect of this scheme: the impact it has on households facing high bills. It is right to introduce this deadline for those customers too, so that they benefit from this scheme when they need it most, not at an undetermined point in the future. It is essential that as many people as possible benefit from this support, and my department has been conducting extensive engagement to encourage applications from all eligible heat suppliers.

We are also mindful of the number of vulnerable domestic customers who live on heat networks. We have taken action to try to ensure that these customers receive the support they need, for example, by working with applicants in the social housing sector to ensure that all those applications are approved.

To be clear, this deadline does not stop customers being able to seek redress where their network has failed to apply. The Energy Ombudsman in Great Britain and the Consumer Council for Northern Ireland can provide support with dispute resolution and require payments to be made to customers. If necessary, customers can also choose to pursue claims through the civil courts.

To conclude, this instrument amends the EBDS regulations so that the duty for heat suppliers to apply for support is a duty to apply in a timely way, ahead of a deadline. This is a responsible step to ensure that we support customers while limiting the administrative burden on the taxpayer as pressures from energy bills, thankfully, ease. I commend these regulations to the Committee, and I beg to move.

[Lord Vaux of Harrowden (CB)]

My Lords, I remind the Committee of my interests as a generator of small-scale hydroelectricity and as a recipient of feed-in tariff payments.

I do not have any specific comments on the SI, which simply fixes a wrinkle in the various energy support schemes, but I point out the concern raised by the Secondary Legislation Scrutiny Committee that up to 60,000 domestic customers may be missing out on the support available. The Minister has given some examples of what the Government are doing, but it seems that more could be done to ensure that domestic customers do not miss out on this money. How many heat networks are there and have we made attempts to contact all of them to push them into making applications?

I take this opportunity to ask the Minister more generally about progress in dealing with the underlying distortions that made the schemes necessary in the first place. As he said, the support schemes arose because of the substantial increases in energy prices following the Russian invasion of Ukraine. It was entirely understandable and right to support people and businesses under those circumstances, but those schemes did nothing to fix the underlying distortions in the electricity markets that are, in part, the cause of the high pricing.

The key feature is the fact that the price is driven by the marginal pricing of electricity and therefore by the price of gas. That means that the price of electricity from all sources, including renewables, where the generation cost fell during the same period, was driven by the increased gas cost. It meant that people on apparently 100% renewable tariffs saw their electricity prices more than double, even though the cost of renewables had fallen. Quite apart from raising the question of how legitimate those renewable-only tariffs are, this led to some generators earning supernormal profits at the expense of consumers. The support schemes meant that we saw the strange situation of some generators having their excess profits subsidised by the Government. The same was even more true of the gas producers.

I realise that it is more complex than that, as I am sure the Minister will say, especially with the expansion of contracts for difference, but it is generally recognised that electricity prices need to be decoupled from the marginal rate, and especially from gas prices, to remove the distortions and fluctuations that the current situation generates. I asked the Minister about this in an Oral Question on 6 September 2022. He referred then to

“the review of market arrangements, which is looking urgently at that exact situation”.—[Official Report, 6/9/22; col. 91.]

Yet I see that the Government have today launched yet another consultation covering, among other things, exactly the same issue. Launching another consultation does not feel like the urgency that he promised 18 months ago. Can he provide an update on progress and when we might finally see electricity pricing decoupled from the marginal cost of gas generation and the market distortions reduced?

Road Fuel Prices

Lord Vaux of Harrowden Excerpts

Tuesday 4th July 2023 Lords Chamber

[Lord Callanan (Con)]

My noble friend makes a good point. For many rural areas, where filling stations perhaps do not get the throughput of customers, prices tend to be higher anyway. It is certainly something we want to keep an eye on to make sure that rural customers are not disadvantaged.

[Lord Vaux of Harrowden (CB)]

My Lords, the supermarket premium is apparently about 6p per litre, but that is nothing compared to the prices charged in motorway service stations, where it is often a further 18p to 20p above that. The noble Baroness, Lady Kramer, referred to the 6p as gouging. If that is gouging, what is the situation with motorway service stations and what are the Government going to do to fix it?

[Lord Callanan (Con)]

The noble Lord makes a very good point. Those of us who use motorway service stations are often baffled as to why fuel is so expensive in them. This is something that we will want to keep a close eye on; again, price transparency—that is, motorists having the ability to check what fuel might be available just by taking an exit and going to a service station that is relatively close to a motorway—would be much more beneficial.

Domestic Heat Pumps: Budget Underspend

Lord Vaux of Harrowden Excerpts

Tuesday 28th February 2023 Lords Chamber

[Lord Callanan (Con)]

My noble friend makes a very good point: huge investment is required to both upgrade and reconfigure the transmission grid. We are moving away from a system based on point loads to a much more diversified system of renewables, et cetera. The point is valid. Billions of pounds are being invested in the grid and we have a plan to upgrade it. It is worth saying that there will be ongoing demand for gas; it will be declining, but we will still be using it.

[Lord Vaux of Harrowden (CB)]

My Lords, we have just heard claims that are often made about heat pumps—that they generate four to five times the energy you put in. That is only in ideal circumstances, typically where the outside temperature is 15 degrees and the water temperature is about 38 degrees. The reality is that you get out about two and a half times the energy you put in. That is a good result, but not if you are expecting four to five times. I worry that these unrealistic claims of real-life performance may undermine consumer confidence and reduce the uptake of heat pumps. Can the noble Lord please ensure that real-life performance is always made clear and included in the MCS database?

[Lord Callanan (Con)]

The noble Lord makes a very good point. Performance will vary depending on the temperature outside. It is also worth saying that heat pumps have been installed extensively across Europe, including in countries which typically have much lower ambient air temperatures than the UK does, such as Norway. But his point is valid: we need to make sure that people are given accurate information.