Energy Bill Debate

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Energy Bill

Alan Whitehead Excerpts
Tuesday 4th June 2013

(11 years, 5 months ago)

Commons Chamber
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Michael Fallon Portrait Michael Fallon
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My hon. Friend anticipates me; I was certainly due to quote the CBI in support, and I will come to that in a moment.

Finally, in this regard, I should mention this Energy Bill, which puts in place the most significant reform of our electricity market since privatisation, in order to attract the £110 billion of investment we need over the next decade to replace current generating capacity, upgrade the network and cater for rising electricity demand. That will provide further support for investors. For example, the Government’s delivery plan, which is due to be published in draft in July, will provide draft strike prices for renewables projects that wish to take up contracts for difference. They will provide further certainty about potential future revenues to developers of such projects, at an earlier stage than under the renewables obligation. We expect this approach to bring on significant investment in renewable technologies, enabling the Government to meet their objectives on renewable energy, decarbonisation, security of supply and affordable energy for consumers.

This Bill has already been welcomed by investors. John Cridland, director general of the CBI, has said that it sends a

“strong signal to investors that the Government is serious about providing firms with the certainty they need to invest in affordable, secure, low-carbon energy”.

The chairman of ScottishPower has said:

“our investment plans will create 4,500 jobs…along with thousands more jobs in other industries, and a further increase in the £1 billion we spend each year with UK suppliers.

We are able to make that sort of investment because we have confidence in the UK, and in its energy policy and regulatory regime.”

Alan Whitehead Portrait Dr Alan Whitehead (Southampton, Test) (Lab)
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The Minister states that trajectories are already in place, not only for electricity generation and decarbonisation, but in this Bill. Bearing those in mind, will he now, this afternoon, rule out the implementation of any element of the gas strategy that his Department has recently published, particularly the one suggesting that a possible scenario might introduce gas to twice the emission levels put forward by the targets he has set out today?

Michael Fallon Portrait Michael Fallon
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No, I certainly will not do that; gas is a key part of our carbon plan, and I hope that the hon. Gentleman will look at the gas strategy as a whole.

Setting a target now to come into effect next April would mean not waiting to consider what is happening in the wider economy, for example, the progress being made in the commercial deliverability of carbon capture and storage, how that could contribute to decarbonising our energy supply, and the take-up of electric vehicles in the coming years. Therefore, setting a target now risks imposing additional costs on the economy and on consumer bills in the future in order to meet the target, and that would not be helpful for anyone.

The Government believe that the right approach is to make a decision on whether to set a target in 2016, when we can consider the whole picture. That already means setting the target range 14 years before it is due to be met. That is even longer than is required under the Climate Change Act 2008 in respect of carbon budgets, which are set 12 years ahead. Setting it now—in effect, asking Ministers to set it at Christmas—means that we would be doing so 17 years ahead. I suggest to the House that there is no certainty for investors in setting a target before we can possibly know how we can meet it.

That takes me to my second point, which is that the Secretary of State can only make a decision on whether to set a target when considering the trajectory of the whole economy towards our 2050 target in a way that is consistent with the overarching framework provided by the Climate Change Act. The timing is important. There is significant interaction between the electricity sector and other sectors of the economy, especially those, such as heat and transport, that might well become more dependent on electricity as we move into the 2020s and 2030s. That will in turn have an impact not only on overall demand for electricity but on when that electricity is needed.

Such questions must all be considered together when thinking about the best way to decarbonise electricity generation as part of a least-cost route to meeting our obligations under the Climate Change Act. It is therefore vital that a decision to set a target range is not taken in isolation, which is the approach suggested by my hon. Friend the Member for South Suffolk and the hon. Member for Brent North, but in the context of considering the pathway of the whole economy towards our 2050 target. That date will be in 2016 and not before, because 2016 is when we are due to set in law the level of our economy-wide fifth carbon budget, which will cover the corresponding period between 2028 and 2032. At that point, we will be able to consider the pathway of the whole economy towards our overarching 2050 target and understand better the most cost-effective way to achieve that. If at that point in time it is decided that a target range is the right approach, we will have the legal authority under the Bill to act swiftly to set a binding target at the right level.

I believe that my hon. Friend the Member for Wealden (Charles Hendry) was right to say in an article last weekend:

“My difficulty with the target…is that we would be requiring it to be set without knowing that it can be met, and that cannot be a responsible decision for government to make, when the costs of getting it wrong would have to be picked up by consumers for decades to come.”

His argument is that given the uncertainties about the relative costs and potential of different low-carbon technologies, it would not be right for a Government to set a target now without first having thought through precisely how a particular level would be achieved. I agree with him and believe that that is why we should consider setting a target range in 2016 in the wider context of setting and determining how we will meet the fifth carbon budget.

That takes me to my final argument, which is that amendment 14 requires that the level of the decarbonisation target range must not exceed that recommended by the Committee on Climate Change. I fully agree that there should be a role for the committee and our proposed approach takes that into account.

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Mike Crockart Portrait Mike Crockart
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I have been told not to deal with it; I think the direction I was given is quite clear.

Of course I would like a decarbonisation target, but that was not in my party’s manifesto; indeed, it was not in any party’s manifesto. Nor was it in the coalition agreement. In fact, there is only anything about it in the Bill at all because of the efforts of a Liberal Democrat Secretary of State, ably backed up by the present incumbent. Of course I would like more, but as 15% of the coalition Government we cannot always get exactly what we want. [Interruption.] It is 15.5%, in actual fact.

I came to this place from business: a place where making a contract and signing up to it really means something. If one side reneges on that contract along the way, they can expect there to be consequences. We have already seen examples of that in this Parliament. It would be great to see much more of the processes, attitudes and behaviours seen in business than the opportunism, time-wasting and theatrics that we see far too often in this Chamber. Again, however, we cannot always get everything we want.

There are many things I would like to have seen in the Bill, but many more are included that all sorts of organisations want us to get right. For the Minister’s perusal, here is my Christmas list: an easier route to market for independent generators, a strike price that provides certainty in the market, simplification of energy tariffs, the levy control framework to be implemented in a controlled way, an increase in the small-scale feed-in tariffs threshold for community energy schemes, credible counter-party and contract terms that are fit for purpose, and a binding EU-wide emissions reductions target of 50% by 2030. It is not a long list.

Last year—I thank the Secretary of State for this—I got a green deal that is set to support 60,000 installation jobs this year, up from 26,000 in 2012, and a green investment bank investing £635 million in green infrastructure projects. If, at the end of this legislative process, I get everything on my list, I will say thank you again. I am damn sure that I do not intend to be the spoilt child stamping my feet and whining, “But I didn’t get my decarbonisation target,” because, after all, if I got everything I wanted this year, what would I ask for next year?

Alan Whitehead Portrait Dr Whitehead
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I trust the hon. Member for Edinburgh West (Mike Crockart) will support a number of later amendments on demand-side reduction and routes to market for independent generators and community energy. He put his finger on some of the problems that several people have been grappling with as the Bill has made its way through the House.

It is very odd that when the Bill first made its way to this House in draft form it had no target in it, and yet it was all about low-carbon electricity, routes to market for low-carbon energy generators, the future of large-scale low-carbon energy and how that might be supported to play a much increased role in our energy mix over the next few years, and how the whole electricity market would be decarbonised over the next period in line with what DECC had previously published as its plans for a radical decarbonisation of the electricity market over that period. The Bill was the embodiment of how those changes would be made—how, over the next period, our energy markets, particularly our electricity market, would radically change how they move forward and how they supply energy to us. The Bill also contains emissions performance standards that reduce the emissions that plant may make, also in line with the decarbonisation of our energy over the coming years.

It is blindingly obvious that a Bill of that kind should have a target at the front in order to underpin all the other things that it is doing. Not having that target is rather like someone carefully strapping a belt around their waist and then sallying forth having forgotten to put on the trousers that the belt was supposed to be supporting in the first place. When the Bill first arrived, the lack of a target was a puzzle to a large number of people. In a sense, the hon. Member for Edinburgh West has started to unpick some of that puzzle. As my hon. Friend the Member for Rutherglen and Hamilton West (Tom Greatrex) outlined, we know from what the Secretary of State has said to the Energy and Climate Change Committee on more than one occasion that he was very keen on having a target in a Bill and was engaged in work on that target, the details of which he could not yet vouchsafe to the Committee.

In fact, the Secretary of State was engaged in discussions with the Treasury about what might go at one end of the Bill and what might be negotiated away at the other end to secure the things that he thought were quite important, relating particularly to supporting low-carbon energy in the way that I have described. The result, as we discovered fairly recently, is the announcement of the extension of the levy control framework from 2015 to 2020, with a figure increasing from the current amount of £2.3 billion to, allegedly, the whopping figure of £7.5 billion in 2020.

We need to be rather careful about immediately jumping for joy about that aspect of the negotiation, because as soon as we unpack the figures we realise that each year the levy control framework takes along with it the accumulated underwriting of whatever has been commissioned in the year before. That means that by the time we get to 2020, the accumulated contracts for difference, or ongoing renewables obligation certificates, that are caught up in the £7.5 billion make up a good proportion of the total. The actual amount of support contained in the levy control framework up until 2020, per year for new entrants—that is the key thing to look at in terms of the development of low-carbon energy, particularly round 3 offshore wind and the like—turns out to be not much more than is being undertaken at the moment. The idea of its ending up at twice the current level is rather belied by the figures in the levy control framework. Nevertheless, the Secretary of State felt that he had got a good deal.

It is not, however, a particularly good deal and it is clear that the inclusion of a target in the Bill was sacrificed. A belt and trousers had not previously been available, but on 5 February—halfway through the Committee stage—the Secretary of State came along with the belt that had resulted from the discussions. As hon. Members have said, as a result of the discussions, although the Secretary of State could not set a target before 2016, he could set a target at various levels that could be considered then. Indeed, the Minister has made great play of the argument that we will need to have all the facts at our disposal with regard to the future state of the universe in order to decide how we might set a target.

A couple of important things need to be considered during the intervening period. First, the gas strategy set out by the Department of Energy and Climate Change over a number of years assumes a relatively low level of gas over the long term and, while it views gas as essential, it sees it as a back up for other, renewable forms of generation. The recent gas strategy includes an option to reverse that approach and puts gas at the centre of a future strategy. It includes gas plants running at maximum capacity, grandfathered for a long period and playing the main role—not the back-up role suggested by the low-carbon strategy exemplified by the Bill—in energy generation.

Explicit within that gas strategy is the need to take a decision in 2014. The strategy specifically says that, depending on what happens in Europe, a decision will have to be made as to whether to increase the carbon target. Accommodating the strategy could therefore result in a target of about 200 grams of emissions per kWh by 2030, rather than the 100 to 150 grams envisaged previously by the Department and endorsed by the Committee on Climate Change. A significant decision might be taken in 2014—way before 2016—which could blow the potential 2016 target out of the water.

Secondly, regardless of the negotiated outcome, the levy control framework has been extended to 2020, but we have not heard what will happen beyond then. There has been no indication of what support might be given to low-carbon energy after 2020. There is a cliff face.

Mark Reckless Portrait Mark Reckless
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Is not the reason for that that the levy control framework and the contract for difference required to back it up are really aimed at meeting the 2020 target of the European renewables directive, rather than the 2015 carbon target?

Alan Whitehead Portrait Dr Whitehead
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The hon. Gentleman makes an interesting point. It may well be the case that the specific mechanism of the levy control framework relates to meeting that target.

As I have said, I am not sure that the framework as it stands addresses the target in the way we might think. Nevertheless, in order to achieve the target, those companies investing in new, renewable, low-carbon plants, offshore wind and all sorts of other low-carbon arrangements that are at the heart of the Bill have to start on the work now on projects that will come on stream in six, seven, eight, nine and 10 years’ time. However, those companies, which are at heart of the engine of this Bill, will not do that under the current circumstances, because they have to take decisions now and if they see that they will face a cliff face of some height in 2020, they may well decide that they do not want to use their initial investments for that purpose because there will be no business for them after that time.

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David T C Davies Portrait David T. C. Davies
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I will not give way any further. I have made my point. I will be supporting the Government, as much as anything else because I look at some of the people who are not supporting them and I realise that being in coalition, even being in the same party as people whom one can respect and admire but not always agree with, is all about a bit of give as well as a bit of take. So I will support the Government tonight, but I hope that the Minister will think about what we say and consider whether these policies might need amending in the light of further evidence about the relevance of temperature rises in the future.

Alan Whitehead Portrait Dr Whitehead
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I think the hon. Member for Monmouth (David T. C. Davies) will be going home tonight and throwing all the contents of his fridge out, because he knows that he can go down to the shop to buy some more food tomorrow. Perhaps he might think about the wider externalities of saving energy and saving demand, because, among other things, having a good demand-side reduction policy means that we do not have to produce the new capacity that otherwise we might have in stream to meet our energy demand, as we would be using energy across the board much more efficiently. Whether or not one believes—he plainly does not—that anthropogenic climate change is a real and pressing issue, using our energy far more efficiently and making sure that those possibly unfundable, difficult-to-organise increases in capacity can be averted by doing so is a prize in its own right. That is the case whether or not one thinks this is intimately bound up with climate change, and I wish to dwell briefly on that precise point.

The Minister showered me with kind words, so he would not expect me to say anything unkind in return. It would be churlish of me, and I was not intending to do so. [Interruption.] There is no “but”. Instead of advocating, at great length, the amendment that I was pursuing on demand-side reduction, I wish to see whether we can unpack a little of some of the consequences of the Government proposals that have now been introduced. I warmly welcome those, and I know that the Minister had quite a hard time getting them to the table in their current form. Therefore, I very much welcome both the effort that has gone into introducing these provisions and their content. Essentially, the amendments would produce, through the right mechanism of capacity payments rather than contracts for difference, a serious method of addressing the question of demand-side reduction over a long period, but I would place a little question mark against that demand-side reduction capacity or anti-capacity being auctioned through the general capacity auction system. As my hon. Friend the Member for Liverpool, Wavertree (Luciana Berger) has mentioned, we know from experience elsewhere in the world that demand-side auction participants tend to be squeezed out of wider auctions on capacity when they participate.

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Lord Barker of Battle Portrait Gregory Barker
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I have been following the argument closely. Although we are not in a position to announce details today, our thinking is very much in tune with that of the hon. Gentleman, and we recognise the issues that he raises. We expect the capacity market to run in 2014, but we expect that, separate from that, piloted projects for energy demand reduction will be funded to help scale up the market, and in future we expect ring-fenced auctions, at least for a transitional period, for specific demand response and demand reduction projects.

Alan Whitehead Portrait Dr Whitehead
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I thank the Minister for that clarification. I am encouraged by the thinking that clearly is beginning to be done on what these things might look like. I wish the Minister luck when the Treasury realises that the pilots taking place on capacity payments may have more substance to them than the Treasury might think. I should not have said that, in case someone there reads the Hansard transcript of this debate! I am encouraged by the Minister’s response.

The other matter that I want to raise relates to amendment 47, which calls for the establishment of a green power auction market arrangement in wholesale and retail sales of energy. I want to spend a moment establishing why something like GPAM is so important. My amendment attempts to resolve, or at least to go some way to resolving, a very serious issue: the drying-up of opportunities for independent generators to establish reliable markets for their low-carbon generation once the renewables obligation comes to an end in the spring of 2017.

Hitherto, those independent generators have been able to secure power purchase agreements on the back of renewables obligation certificates, and to use those agreements effectively to bank their investments, so that they have the sort of market certainty that enables those investments to be funded because it is known that there is a stream of sale coming forward that will ensure that the investment is made and works well, as far as both the independent generator and the bank are concerned. With the arrival of contracts for difference, that simply will not be the case. Indeed, power purchase agreements for those people still undertaking RO arrangements before the end of the renewables obligation have already dwindled to virtually zero. In fact, only one company, as far as I know, is presently providing power purchase agreements.

Most independent generators, whether we are talking about onshore, offshore, or other forms of low-carbon generation, are already thinking, when it comes to their investment decisions, about CFDs rather than ROs, simply because of the time period over which those investments have to be considered. They cannot go back to the bank and say, “Can we have that investment on the basis of what we can demonstrate to you, in the absence of other financial credit lines, is a known supply line for our energy product?”

The outcome could be quite perverse, with regard to what the Bill’s intentions have always been. It was always the intention, with the contracts for difference, to try to bring a lot of new, different investment into the energy market, as well as independent generators of different sizes. It was also the intention to ensure that the vertical integration seen in recent years did not become the enemy of investment, or of small, independent operators and others trying to get into the market, but rather became its friend, as other entrants came into the market alongside larger generators.

If the outcome is that as a result of the Bill we further consolidate the vertical integration of the market rather than the opposite, that will be a perverse outcome relative to everything that the Bill was supposed to bring about. If we can get a mechanism similar to the green power auction market—if it quacks a bit like GPAM and walks a bit like GPAM—I would be happy with that. We need some mechanism that can ensure that independent generators are not captured by the very large companies and that they do not have to enter into such disadvantageous contracts that they will fail to make a living from the energy that they are trying to put into the market in the future.

Barry Sheerman Portrait Mr Sheerman
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As I understand it, small generators in some parts of the world, particularly America, are increasingly looking at crowd funding in order to get started. That is a new opportunity for finance, which some people are calling a new form of democratic capitalism that empowers local communities.

Alan Whitehead Portrait Dr Whitehead
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My hon. Friend is right. Indeed, there are companies in the UK, such as Ecotricity, which have not exactly involved themselves in crowd funding, but have engaged in bond arrangements for the development of their low-carbon power. Even if such a source of funding is available, if the deal for the subsequent sale of the energy is so disadvantaged by a contract for purchase that shaves off the reference price or makes arrangements that are extremely disadvantageous to the ability of that company to sell its energy into the market—while at the same time those potential purchasing companies take advantage of their vertical integration by providing routes to market for their own generation at different costs and under different arrangements—the future market will be very distorted indeed.

I welcome the Minister’s saying that the issue is being actively considered, that he understands the problem at the heart of the GPAM proposals, and that he is actively in dialogue with industry on possible routes to solutions. I look forward to proposals in another place to address the issues. It is essential that they are addressed before the Bill completes its passage, so that the market that we produce as a result of CFDs is fair for those participating in it and produces the varied and pluralistic market that we want for electricity generation, particularly low-carbon energy generation, in the future.

Caroline Lucas Portrait Caroline Lucas
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I want to say a few words about the amendments in my name, starting with new clause 2, which deals with the strategy for electricity demand reduction. The clause sets a clear ambition for 2020 and 2030, using figures published by DECC, alongside the electricity demand reduction consultation, and requires the Secretary of State to have policies that get us there.

I was a little disappointed that, in response to the amendments that I have tabled, the Minister on many occasions indicated warm sympathy but not action to achieve the aims. Willing the ends but not the means creates a nice warm fuzzy feeling, but does not change the menu of targets and strategies before us. That particularly matters when it comes to electricity demand reduction, because there is so much scope for doing so much more in this area. No matter how sympathetic we feel to that aim, however, unless the legislation is in place, we do not have the clarity, certainty or confidence that action will be taken. We have seen all too often how, in the absence of firm targets and strategies, Governments fail to put in place adequate polices or resources to achieve things. My worry is that in many respects elements of the Bill are more like a wish list than a strategy.