Energy Bill [Lords]

Lord Whitehead Excerpts

Consideration of Lords message
Wednesday 18th October 2023 Commons Chamber

[Madam Deputy Speaker]

I call the Opposition spokesman.

[Dr Alan Whitehead (Southampton, Test) (Lab)]

That was a disappointing and specious defence by the Minister of his intention not to proceed with these proposals from the other place. He knows perfectly well what the barriers to developing community energy are; we have debated them at length during the passage of the Bill. So I am not sure it is going to take a forensic panel of inquiry to find out what those details are before the Government can act on any of these things.

We are on the last lap of the Energy Bill and it is particularly disappointing that we are hearing what we are hearing today about this Lords amendment. The Bill, which has been with us in both Houses for well over a year now, puts into place many of the essential tools that will enable energy to progress towards a low-carbon, net zero future. The Opposition have consistently supported the Bill, while endeavouring during its passage to strengthen it in its low carbon mission. We have tried to place into the Bill further elements to make it the best it can be in pursuit of its low-carbon mission, and there have been some junctures during its passage when the Minister has endeavoured to take on board those suggestions for strengthening it, in some instances by drafting a Government amendment that meets the purport of our amendments. I am grateful to the Minister for those changes to the Bill and for the collegiate way in which the Bill has been debated and decided upon.

However, there are exceptions to that, one of which is in front of us today. As the Minister states, it relates to community and local energy, which I am sure Members will agree is and will be an important part of the future low carbon energy landscape. It has the potential to make a serious contribution to our local carbon arsenal of plant, while being funded and supported by the community in which that plant is situated, making it easier to develop and able to restore the benefits of its operation to the community itself.

Labour has committed to providing strong support for community energy, including the assistance of Great British Energy, the company we propose to set up to support the development of local low carbon plant with community energy schemes. The potential for such schemes to contribute to the overall installation of low carbon systems in the UK is immense, with perhaps 8 GW of install capacity added to the national stock through such local schemes. I remind the House that that is getting on towards the equivalent capacity of three nuclear power stations such as Hinkley Point C.

--- Later in debate ---

[John Redwood (Wokingham) (Con)]

One of the barriers will be the shortage of grid and cable capacity to link into. Is the hon. Gentleman envisaging some kind of privileged access or some solution to the grid shortage?

[Dr Whitehead]

That is not quite the subject of our debate, but the right hon. Member can see that we envisage an energetic and far-reaching proposal to develop the grid in such a way that those grid shortages are overcome, so that the grid is able to service the low carbon economy in the way we would all want it to do. In the context of what we are discussing, I remind the right hon. Member that this would be about distributed grids at a local level, rather than the national high-level grids. We need to take further action to strengthen and sort out grids at that level.

The Lords clearly continue to feel strongly about this issue; as we can see, they have sent back to us today a modified version of the original amendment, requiring the Government to consult on changes to assist community energy and, importantly, to set a timeline for proposals to be brought forward to remove barriers to the development of community energy.

Of course, there are others in this House who feel strongly about this issue. The proposals that the Lords have now twice tried to have inserted into the Bill are essentially the wording of a group called Power for the People, which suggested wording for a community energy enabling Bill for which it campaigned to secure signed-up support from parliamentarians. It did indeed secure substantial support from parliamentarians who feel strongly on the issue of community energy. Some 325 Members signed up in support, including 130 Conservative Members and, perhaps most remarkably, 22 members of the Government, including six Treasury Ministers, the present Chancellor and the Minister himself, as I often seek to remind him. There is no lack of support in the House for the principles and practice of community energy.

The Lords amendment seeks to acknowledge and further that support by putting forward very reasonable and, one might have thought, pretty non-contentious wording to add to the Bill. It is inexplicable to me that the Government should seek to resist these proposals in the way they have. Yes, they will say, as the Minister has said, that they have set up a community energy fund of £10 million over two years, which is welcome, and they have verbally indicated that, at some stage, there will be a consultation on barriers to supply, but there are no timelines for that and no commitment to move positively forward from it. That is what this amendment seeks to put right.

As I have said, the Minister appears already to be a signed-up supporter of community energy action, and I would fear for his own emotional wellbeing if he were forced today to perform another policy backflip and acquiesce in yet another Government repudiation of themselves in rejecting this latest Lords amendment. Instead, let us end the extended passage of the Bill on a high note, and all around the House agree on both the importance of community energy and the measures we will need to take to ensure it thrives in the future.

[Chris Skidmore]

I rise in support of the amendment. It is very similar to an amendment that I tabled during the previous stage of the Bill in the Commons. I echo the comments that have been made about the amendment being uncontentious. It calls for additional consultation—if the Government want me to do that, I will do it myself for the community energy groups.

The net zero review held several roundtables with a number of community energy groups across the country. Indeed, they were one of the reasons why pillar 4 in the final report, “Mission Zero: Independent Review of Net Zero”, was

“Net Zero and the Community”.

One of the key findings of the review was that over half of all net zero decisions will need to be taken not by Government or Parliament, but outside this Chamber. We can turbocharge our transition towards net zero if we can empower and support more community energy groups to take the action that needs to be taken.

Indeed, the only single wind turbine that has been built in the United Kingdom in the past year has been delivered through community energy. I am proud that it is in my home city of Bristol. Ambition Lawrence Weston has seen its 4.25 MW turbine built and it will now power 3,500 homes for the community energy project. The £4 million to pay for the project was raised by the group—it did not come cap in hand to Government—and now it will see an economic return of £140,000 a year as a result of the energy that will be sold to the grid. That is just one example of the myriad examples of net zero projects that demonstrate the economic opportunity that net zero can provide.

In Bristol, we also have the Bristol City Leap, which is a result of a £7 million investment from Bristol City Council. There has been £424 million of inward investment from the American company Ameresco Ltd to decarbonise the city’s district heat network. Community energy points the way for demonstrating that net zero is not a cost, despite what some may say, but an opportunity. We must seize that opportunity now, not just to tackle the climate crisis or reach our nationally determined contribution for 2030, because net zero is about 2030 not just about 2050. We cannot keep kicking the can down the road, somehow suggesting we are going to meet our carbon budgets. Meeting them now, today, is absolutely vital to ensure we can meet our climate commitments in future carbon budgets.

Community energy is here and now. We can get on with delivering net zero with the tools and technologies we have, and, above all, with the people we have—individuals and communities across the country. Community Energy England has 220 groups, a third of which would like to build onshore wind turbines, like Ambition Lawrence Weston. They want to get on with it. They are not often being paid to do this; they do it because they recognise what they can return to their communities. As a Conservative who believes in the power of local communities, we as a Government should be supporting local communities to the hilt to deliver on energy action.

When we look at the future of the grid, everything points to the fact that creating flexibilities on the edge of the grid enhances our energy security, allows us to return energy to the grid, frees up energy capacity elsewhere, and frees up our demand on oil and gas elsewhere. This is a no-brainer. I shall support Lords amendment 274B if it is pushed to a vote, although I will not push it to a vote myself. Nevertheless, it is vital that we send a clear message not just that we are committed to the net zero pathway—because it is the right and the economically important thing to do—but that we recognise that, when it comes to net zero, we need a big bang moment. We need to create little platoons of individuals and communities that are going out there writing their own net zero narratives and stories. For that reason, I will be supporting this Lords amendment today.

Oral Answers to Questions

Lord Whitehead Excerpts

Tuesday 19th September 2023 Commons Chamber

[Mr Speaker]

I call the shadow Minister.

[Dr Alan Whitehead (Southampton, Test) (Lab)]

The Minister will know, although he unaccountably did not tell us, that there was precisely no new onshore wind in England in the recent AR5. The Minister claims that the latest compromised wording, which he alluded to, will lift the ban on onshore wind, but he knows really that that is not so and he knows what the industry has been saying about it and why it will not invest for the future. The result is no new onshore wind getting built in the medium-term, higher bills for families and less energy security for the country. Why will his Department not just face down his luddite Back Benchers, introduce fair planning regulations for onshore wind and get the industry restarted across England?

[Graham Stuart]

As I have just said, we announced changes as recently as 5 September. Like the hon. Gentleman, I look forward to a positive future for onshore wind in England, as well as in the rest of the United Kingdom.

Energy Bill [Lords]

Lord Whitehead Excerpts

Report stage
Tuesday 5th September 2023 Commons Chamber

[Mr Deputy Speaker (Mr Nigel Evans)]

Order. As Members can see, there is great interest in this debate. I am therefore pondering exactly what the time limit will be. Members will be informed just before Dave Doogan speaks, I believe. [Interruption.] It will not apply to the Labour Front Bencher; the hon. Gentleman can be relieved.

[Dr Alan Whitehead (Southampton, Test) (Lab)]

The Minister is quite right: the Bill has been with us for rather a long time. I am personally delighted that it is before us this afternoon, but we need to remember that Second Reading was over a year ago, in July 2022, in another place. The Bill has survived four Secretaries of State and two Departments in its passage through the House, so it certainly should be an improved Bill by now. I am concerned, however, that the long passage of the Bill to the statute book has had a real effect on investors and various other people seeking to invest in the low-carbon economy. We should not forget that.

What is this Bill about? As the Minister has said, it is essentially about the decarbonisation of the energy system and making that system fit for net zero. It is, overwhelmingly, a Bill that enables that decarbonisation to take place, and it has been described in a number of instances as a “green plumbing” Bill, which I think is not a bad description. It provides the necessary mechanisms and the details of how we will reach our targets in a variety of areas, as the Minister said: on hydrogen, on carbon capture and storage, on licensing, on the introduction of an independent system operator—which is very important to good construction—on low-carbon heat schemes, on district heating, on energy-saving appliances, and on fusion power. It also makes a number of regulation changes in relation to civil nuclear decommissioning and oil and gas management. It is, moreover, a Bill that the Opposition have welcomed, both for its extent and for its “green plumbing” activities. We were supportive of its measures in Committee, while also tabling amendments that we thought would strengthen its approach. Indeed, the Government have inserted some of them in the Bill, with very slight changes, and we welcome that as well.

However, in my view the Bill is incomplete and unsatisfactory, given its ambition as a green decarbonisation Bill, in that it fails to complete the three tests, or tasks, that are necessary to provide the clarity and consistency that would ensure that the policy will deliver what is claimed. Those tests are these. First, what are the targets for a policy, and how firm are they? Secondly, what are the technical means whereby the proposed targets can be actioned? Thirdly, what is the plan, both financially and procedurally, to make the targets real and not just hot-air aspirations? It is essential to the process of energy decarbonisation for all three of those tests to be in the Bill as we proceed against very tight timescales and immense challenges of implementation.

In some instances, the Bill has succeeded in that regard. The Government’s targets were set out in a number of documents on clean energy, such as the energy security strategy and the 2020 Energy White Paper. Indeed, in a number of instances, the targets contained in those documents have been substantially added to in the Bill. For example, the target of 10 GW of low-carbon hydrogen production by 2030 has been underpinned by the clauses relating to such matters as hydrogen levy management procedures. I applaud the Government’s change of heart on the hydrogen levy. Although a number of Committee members knowingly voted the wrong way, with the honourable exception of the right hon. Member for Elmet and Rothwell (Alec Shelbrooke), the Government have put that right now. We would have liked to see them go a little further with a clear statement that the money would come from the Consolidated Fund, but we will live with the change that they have undertaken to make. I think we can count that as both a win for our pressure on the Bill and a win for the Bill itself.

[Caroline Lucas]

I agree that those three tests for decarbonisation make a lot of sense, but does the hon. Gentleman agree that as well as targets for some of the good stuff, we need to see the Government stop doing the bad stuff? In this case, the bad stuff is more and more new licences for oil and gas in the North sea. Would Labour support my amendment, which would see an end to the MER rule on maximising the economic recovery of petroleum and replace it with a just transition to a greener economy? As long as we have a statutory duty to maximise the economic recovery of oil and gas, it does not matter how many targets we have on renewables, because we will not meet the targets that we need to meet.

[Dr Whitehead]

I do not think it would be appropriate for me to indicate exactly which amendments from various Members we might or might not support, and it would take a great deal of time for me to do so, but the hon. Member will recall that we tabled an amendment on maximum economic recovery in Committee. I think she can take from that that, broadly speaking, we support the principle of “stop doing the bad things and start doing the good things”. Whether the detail of her new clause fits exactly with that picture is another matter, but I hope she can take some encouragement from that.

[Sammy Wilson (East Antrim) (DUP)]

Does the hon. Gentleman accept that, while the Government may have set out the high-level ambitions and targets, they have failed to highlight the cost of this Bill to ordinary constituents? I think, for example, of the cost of bringing properties up to certain energy efficiency levels, the size of the hydrogen levy and who will pay it when it is introduced, the cost of sustainable aviation fuel to the aviation industry and the cost of flying—I could go on. That has not been spelled out, because there is a dishonesty here, and the burden will fall on ordinary people.

[Dr Whitehead]

It is not for me to defend how the Government have managed their arrangements as far as the costs of these measures are concerned, but I would say more generally that we have to cast this Bill in terms of how much it would cost us as consumers and others if we did not do these things over the next period. We need to consider the cost to people’s bills, people’s lives and people’s welfare if we simply stood aside and ignored doing the things that are necessary for decarbonisation. I can honestly say that in the longer term the overall cost of doing these things would be far more on the saving side for customers and the general public than the issues that are before us at the moment.

The Government have done a number of things in this Bill. I mentioned the measures on hydrogen, which I welcome in terms of meeting hon. Members’ concerns. We are also pleased to see that the Government have tabled amendments on other issues of concern to Members such as sustainable aviation fuel, and new clause 34 on liquid fuel.

[Chris Grayling]

I am keen to see a process start now that leads to our securing the investment we need to ensure that sustainable aviation fuel is available for our industry, and given the timeframe I am keen to see both parties making a commitment to that in their manifestos. Can the hon. Gentleman give me an assurance that the Opposition also support this move towards developing a sustainable aviation fuel industry in this country?

[Dr Whitehead]

I understand the right hon. Gentleman’s concerns about what the shortly-to-appear Labour Government will be doing on these matters, although I hope that he will not go about spreading defeatism on his own side. As a future Labour Government, we are very concerned about the need to develop sustainable aviation fuel in a cost-effective and timely manner. We understand that this is a substantial element of the transition that will be undertaken in aviation, but we have to be careful that we do not procure all the resources that might go to other things for use in making sustainable aviation fuel, because there are many other things that can be done with those fuels. We need a balance between the various possible candidates for what would go into sustainable aviation fuel for the future.

I am pleased that the Government have also made a concession on liquid fuel heating obligations. In other areas, despite having ample opportunity and time to put additional material in the Bill—indeed, the Government have put substantial amounts of additional material in the Bill with our support—they have not taken the opportunity to place in legislation the three tests that I mentioned, which is why our amendments concentrate on those emissions.

--- Later in debate ---

[Angus Brendan MacNeil]

The hon. Gentleman mentions boilers, and a number of organisations, including Green Alliance, Action for Warm Homes, Power for People and Energy UK, have produced briefs that point to how infrequently such Bills come around. There are great changes in energy technology and in world events, but they are not mirrored in Parliament. Both sides of the House should commit to not cramming everything into one energy Bill every decade. Given how things are changing in this sphere, Parliament should address it far more frequently than every decade.

[Dr Whitehead]

If the hon. Gentleman contains himself, he will see that we have tabled an amendment on low-carbon energy in homes. I agree that we cannot put everything in a Bill but, because of the urgency of the commitment we are making with this Bill, it is important that we get as much clarity as possible on what we are doing in the Bill now, so we know where we are going and the ways we are doing so.

Having discussed those other amendments, I will now draw attention to Labour’s amendments. I hope the House will understand why we have drafted them in this way and how that relates to the tests I mentioned. On our new clause 53, the Government say they support community and local energy. Indeed, as the Minister said, the Government have put a modest amount of funding into supporting community energy but, as the hon. Member for Hastings and Rye (Sally-Ann Hart), who is not in her place now, said, we still do not have an understanding of how community energy can actually work. We think community energy will be an important part of the decarbonisation process. It is not one of the large, shiny things upon which money will be lavished in large amounts but, in aggregate, it will have a huge impact on decarbonising energy in this country.

The Government still have not introduced arrangements that will enable local power producers to trade locally and get the proper value of their trade, which is vital to the success and certainty of these projects. Labour wants to support local energy projects practically, particularly through the “valley of death” period where the pockets of community energy are usually shallower than needed for all the planning permissions to run their course. With support from Great British Energy and local authorities, we propose that £400 million a year will eventually support the important role of community and local energy in decarbonising power.

[John Redwood]

If this electrical revolution is to take off, many more people will need to buy electric cars and heat pumps. Does the hon. Gentleman have any advice for the Government on how those items can be made more popular and more affordable?

[Dr Whitehead]

The Government and I have been in considerable discussion about precisely that point. We need to make sure we change the model of ownership of those devices. We perhaps need to have a longer debate about that on another occasion.

[Lloyd Russell-Moyle (Brighton, Kemptown) (Lab/Co-op)]

My hon. Friend is making an important point about new clause 53, which stands in his name and those of his Front-Bench colleagues. Is not it the case at the moment that the grids—the national grid and the local distribution networks—do not have a duty to positively engage with small-scale and community electricity suppliers to encourage them on to the grid and instead just put them at the bottom of a list that is first come, first served? The new clause will start to change that approach, which is supportive and nurturing in its essence.

--- Later in debate ---

[Dr Whitehead]

My hon. Friend is absolutely right. The campaign that he may be referring to was signed up to by the Minister when he was not a Minister; he may have some other views on that these days, but the new clause is not too far from the original document that he signed a while ago. I am going to have to make some rapid progress, so I am sorry to say that I will not be able to take any further interventions. However, I will try to get through the measures we are proposing as quickly as possible, in order to allow other Members who are bursting to get into the debate the time to do that.

Our new clause 56 deals with delinking renewables and gas prices. A mechanism should be in place to ensure that the dividend from renewable power costs and prices can come through to customers. However, as we have seen in the recent power crisis, that is not the case at the moment. Gas prices surged to nine times the price of renewable power at some stages during the energy crisis and are still substantially more expensive than those of renewables, but they rule the roost as far as energy prices for the retail market are concerned, through marginal cost pricing. We think that needs to change through delinking the process and we wish to put an amendment in that would ensure that that happened, so that the benefit of renewable power can come to customers in the way that the whole House would intend to happen.

New clause 57 deals with onshore wind. Three minutes before the Bill came to the Floor of the House, a written statement on onshore wind was made by the Minister. I have had a chance to read it quickly and it seems to me as though it still treats onshore wind as a special case and not as an ordinary case of a local infrastructure project, which should receive no better and no worse consideration than any other such project. Onshore wind is essential to the decarbonisation of our energy system, but we have just let it collapse over a considerable period by, in effect, banning it. The Government are taking grandmother’s footsteps back from the ban, but this is still not good enough.

[Sir John Hayes (South Holland and The Deepings) (Con)]

I was one of the architects of what the hon. Gentleman described as a ban. He will understand that, when onshore wind was no longer permitted across the UK, this catalysed the offshore industry and we became a world leader in offshore wind precisely because developers then chose to go offshore. Offshore wind has many advantages, not least its scale, the size of the turbines and the single point of connection to the grid. Onshore wind has none of those virtues.

[Dr Whitehead]

That is remarkably like saying I am encouraging you to use your second car because I shot the tyres out of your first car. The right hon. Member makes a quite ridiculous statement.

First, onshore wind is the cheapest form of power available. Secondly, it can be available for community and local energy, in the way described earlier. Thirdly, through CfDs, it can systemically provide a cheaper power environment for the population as a whole. It is a disgrace that only two turbines have been commissioned in this country since February 2022. It is a golden opportunity for decarbonisation that we are missing completely.

[Anna McMorrin]

On that point, will my hon. Friend give way?

[Dr Whitehead]

I said I would not, but I will.

[Anna McMorrin]

My hon. Friend is being very generous. Does he agree that the failure to roll out onshore wind is costing families £182 a year because of lack of investment?

[Dr Whitehead]

Lack of investment does indeed have a direct impact. If we go back and look at what could have been the case and look at what is the case now, there is a direct link between energy prices now and the lack of development of onshore wind. Our amendment, which we hope to push to a vote, would make the way that onshore wind was treated simple and straightforward: it should be treated no differently from any other local infrastructure project. There should be the same protections, safeguards and concerns for people who have that local infrastructure coming their way. It should not be a special case, over and above other projects, which I think will produce an explosion of investment in onshore wind in future.

[Sir John Hayes]

On that point, will the hon. Gentleman give way?

[Dr Whitehead]

No. I have to make progress.

New clause 61—

“National Warmer Homes and Businesses Action Plan (No. 2)”—

addresses another area in which the Government have set out their aspirations. The Minister has said that the Government are making progress on their aspirations to retrofit homes, as set out in their national energy plans and the White Paper, “Powering our net zero future”. Those aspirations include having all homes at an EPC band C standard by 2035 and all private rented properties at band B by 2030. However, nowhere are there any plans about how we are actually going to do that or how homes that are among the worst insulated in Europe can be lifted to the levels needed by 2035. The Government are stuck with aspirations but no plan.

Our new clause puts a plan in place. It puts those aspirations into legislation and requires a Government plan to bring them about, which would be another enormous win for decarbonisation. People’s energy bills will fall, fuel poverty will be tackled and gas supply in retrofitted properties will reduce by perhaps 25%. It would be a win all round.

The Government have no plan. Labour has a substantial plan, which has already been put forward, including a 10-year programme to uprate and retrofit 19 million homes, costing £6 billion per annum by the second part of the next Labour Government, with a local authority and community base getting it done. That will transform the present, pretty paltry progress that has been made. Admittedly, there has been good progress in some areas, including the energy company obligation, the local authority delivery scheme, the home upgrade grant and other schemes, but who can forget the spectacular failure of the Government’s green homes grant a little while ago? Our new clause will transform the way that works and we want it to be added to the Bill.

New clause 62 is closely associated with new clause 61, but addresses the private rented sector.

New clause 59 is very important. We want to see the decarbonisation of our energy, power and electricity systems by 2030. The Government’s ambition at the moment is mostly to decarbonise the power system by 2035, but, again, they have no plan as to how that will actually happen. They have given no indication as to what steps they will take to achieve this, and they are certainly beginning to fail in the implementation of carbon budgets. Bringing forward the decarbonisation of the power system would greatly enhance that and allow us to meet our targets. Labour wants to see the complete decarbonisation of the system by 2030. That does involve massive uplifts in the rate of progress—for example, in offshore wind by five, in solar by three, and in onshore by two—and, indeed, the development of other renewables. In that regard, I recommend that hon. Members have a look at new clause 51.

[Alec Shelbrooke]

Will the hon. Gentleman give way?

[Dr Whitehead]

No, I will not give way again.

My hon. Friend the Member for Birkenhead (Mick Whitley) has a particularly interesting new clause on tidal range. With the right effort and the right investment, a huge acceleration of build-out can be achieved. Indeed, we have set out our plans on how to do that over the next period. What we need is for that ambition and those plans to be in legislation and in the Bill now.

The Minister did not give any indication in his contribution of whether the Government will move towards any of these amendments, but we hope to press some of them to a vote this afternoon. However, I have to say that we do so within the general setting that we are supportive of the Bill. We want it to succeed, but we want it to succeed with our bits added on, not least because this is the Bill that we will inherit when we are in government shortly. We will then have to do all the work that the Government have set out in the Bill.

Finally, let me say to those hon. Members who are thinking of voting against our amendments that they contain the Government’s own ambitions. What we are trying to do is to put the Government’s own ambition into legislation and provide ways by which it can be achieved. If hon. Members decide to vote against these changes this afternoon, they will, at least in some measure, be voting against their own Government. I hope that they will have sufficient sense to make sure that they do not do so as far as this Bill is concerned.

[Mr Deputy Speaker (Mr Nigel Evans)]

Order. As Members can see, there are many people who wish to take part in this debate. I know that Alok Sharma will show self-restraint, but we will be imposing a time limit to ensure that we get in as many people as we can. The debate is very time limited. The multiple votes will come at 6 o’clock, so I ask people to show restraint even on the time limit that I impose.

Energy Infrastructure

Lord Whitehead Excerpts

Wednesday 5th July 2023 Commons Chamber

[Dr Alan Whitehead (Southampton, Test) (Lab)]

I congratulate the right hon. Member for Preseli Pembrokeshire (Stephen Crabb) on securing this afternoon’s debate, which has been very well informed and well argued on all sides. I might add that there has been one exception; I thought that one hon. Member made a particularly silly and evidence-free contribution that chimed ill with the others, but perhaps we will gloss over that.

I have known the Chair of the Energy Security and Net Zero Committee for a very long time, although I still cannot pronounce his constituency entirely right.

[Angus Brendan MacNeil]

Na h-Eileanan an Iar.

[Dr Whitehead]

Thank you very much; I will not even try myself. Among other things, the hon. Member mentioned the Climate Change Committee’s very recent report, as did the hon. Member for Bath (Wera Hobhouse) and others. Before I get into the detail of what has been discussed this afternoon, I think it is important to set out what that committee actually says about Government action on climate change, and particularly about the progress made by the Department for Energy Security and Net Zero on the matters within its purview, which include most of the net zero emissions targets.

Last week’s progress report from the Climate Change Committee says quite simply that the Government have a “lack of urgency”, and a lack of interest in pursuing net zero targets and undertaking the action necessary to reach them. It is a devastating report with respect to just how little is being done by the Department to advance the net zero policy framework. As a couple of hon. Members have noted, the committee comments:

“Pace should be prioritised over perfection.”

That is, I think, the committee’s very kind and polite way of putting its devastating point. Basically, it is saying, “Stop messing about and get on with it.”

That has been a bit of a theme among hon. Members this afternoon. They have raised issues in several areas, including those in the list set out by the right hon. Member for Preseli Pembrokeshire, who raised the question of the grid, the question of nuclear and the question of floating wind. The problem arising in all those areas is that we are failing to take action or take the opportunities to push things forward. All of that will have a very substantial effect on future net zero targets.

[Angus Brendan MacNeil]

We are here in the UK Parliament talking about the UK context, but does the hon. Gentleman agree that the bigger context is about rising global demand? People are going to struggle to find ways to get the copper, get the cables and get the people. To meet those targets, there needs to be internationally co-ordinated thinking about how best to utilise resources, people and what have you.

[Dr Whitehead]

The hon. Member is absolutely right. We are in global competition for resources that are presently being procured for things across the world that we are still thinking about, worrying about and wondering whether to go ahead with, when we know that the availability of those resources is rapidly running out. If we do not take action very soon, we will simply find when we come to the table that all the food has been eaten.

The right hon. Member for Preseli Pembrokeshire highlighted the grid, which he rightly described as not fit for purpose. My personal view is that lack of action to undertake the necessary uprating and reorganisation of the grid will be the undoing of all our net zero ambitions. We have heard that projects seeking to get their connections to the grid firmed up are facing delays of up to 10 years. If we do not urgently get the grid up to scratch so that it can capture and deliver low-carbon electricity, we may well completely miss our targets, because we will have a number of schemes in hand but will be unable to plug them into the grid to deliver any low-carbon power to anybody. Urgent action to get the grid up to scratch is important.

The grid needs to be able to deliver electricity around the country effectively. At the moment there is a tremendous problem with constraints between Scotland and the north of England and the south, where we are increasingly turning off low-carbon power to balance the system. Quite often, we are bringing gas into the system because we cannot move that power around the country properly. We need urgent grid bootstraps to make constraints a thing of the past, and the Government have only recently woken up to the idea that action should be taken. Frankly, they are way behind the curve on the work that needs to be done.

The hon. Member for North Devon (Selaine Saxby) made a telling contribution on the future of floating wind in the Celtic sea. We have to bear in mind that floating wind is part of the ScotWind process, too. I do not need to add anything to what she said about the danger of failing to reach our targets on floating offshore wind development and all that that means for RenewableUK’s ambition to have some 34 GW of floating offshore wind in UK waters by 2040. We are going to miss that initial target, so where will we be on our future targets unless we get our act together on supply chains, the grid and the development of offshore wind in general in the very near future?

My hon. Friends the Members for Kingston upon Hull West and Hessle (Emma Hardy) and for Stockton North (Alex Cunningham) raised the issue of carbon capture and storage, and the problems we are having with developing it for the future. They are absolutely right, among other things, to query the arrangements that are presently under way on cluster development. It baffles me, to be honest, that we continue to have competition between clusters on CCS and hydrogen development. We had a first-track competition before placing in reserve—whatever that means—the important Scottish cluster, which is essential for the future of CCS. We have second and even third rows of clusters waiting to see whether their ambitions can be realised. A number of companies involved in those ambitions have put their concerns on hold while the Government decide the track for each project. We should not have tracks; they should proceed together. We ought to be clear about that.

If the Department had a target for consultations and papers, it would have easily exceeded that target, but I am afraid they are not yet attaching themselves to the urgent progress needed on net zero. That is the main charge laid against the Department by Members on both sides of the House this afternoon.

Oral Answers to Questions

Lord Whitehead Excerpts

Tuesday 4th July 2023 Commons Chamber

[Mr Speaker]

We come now to the shadow Minister.

[Dr Alan Whitehead (Southampton, Test) (Lab)]

The Minister is sort of right that there have been some onshore wind turbines built just recently—two since February 2022, so there is not much chance of community engagement there, to be honest. In December, the Secretary of State for Levelling Up, Housing and Communities promised that the onshore wind ban would be completely lifted by the end of April this year. Why have the Government broken that promise?

[Andrew Bowie]

I will take no lectures from the Labour party on developing renewable electricity. When Labour left office in 2010—[Interruption.] They do not like to hear this, but when Labour left office in 2010, less than 7% of the grid was accounted for by renewables. Now it is 43%.

[Dr Whitehead]

I think maybe the Government should take lessons from Labour. It is now generally understood that the Government consultation is likely to lead to only minimal relaxation of planning rules and that onshore wind will effectively remain banned. Tory peer Lord Deben, chairman of the Climate Change Committee, said of the consultation on Saturday that it is simply unacceptable that the Government are still discussing whether they are in favour of onshore wind or not when it is widely recognised as one of the cheapest forms of energy generation. He is right, is he not?

[Andrew Bowie]

I really wish the Labour party would stop talking down what we are doing on renewable electricity. I remind the House that the consultation on onshore wind finishes on 7 July.

Draft Electricity and Gas (Energy Company Obligation) Order 2023

Lord Whitehead Excerpts

Monday 3rd July 2023 General Committees

[Dr Alan Whitehead (Southampton, Test) (Lab)]

The draft order is, in general, an unexceptionable statutory instrument, as the Minister says. Essentially, it will extend what was provided for in ECO4 to a further group of people who would otherwise not be eligible for assistance under that scheme. The explanatory memorandum indicates that the extent of the total obligation—taking ECO4, ECO4+ and ECO4A together—will be increased from about £1 billion to £1.3 billion or £1.4 billion overall.

If I may reprise a debate that the Minister and I had in the recent Energy Bill proceedings, what we call something and what it legally is appear to be two different things to the Government these days. For the benefit of the Committee, my understanding is that ECO4+, ECO4A and the Great British insulation scheme are the same thing; they are just different names for one scheme. For the purposes of our discussion, I will call it ECO4A, the middle of the three definitions, which will reasonably clarify what we are talking about.

As I understand it, ECO4A extends the eligibility of a number of people for ECO in its present manifestation: a scheme that is running from now until 2026 and is, or has been, targeted at more vulnerable customers, particularly people receiving particular benefits. ECO4+ will continue with a general approach of targeting disadvantaged customers, but on a much wider scale than was previously the case. However, ECO4A will not change ECO’s rules on the eligibility of properties: a wider canvas of customers, but the same canvas of properties, will be eligible. That is where some of the big problems with ECO4 have manifested themselves so far.

There is certainly a general feeling in industry and elsewhere that ECO4 is beginning to fail. I understand that that is for two particular reasons. First, whether a property qualifies for assistance under either ECO4 or ECO4A is based on whether the measures can make a difference of two bands to the property. Most properties cannot achieve that very easily. A lot of work has gone into searching for properties and particularly for people who qualify for ECO4, but it has been found that the people qualify and the properties do not. Some 90% of found searches are proving impossible to proceed with under ECO. The high rate of aborted programmes adds an enormous cost to the companies that are seeking searches for people who can qualify for ECO4.

The second issue is the very substantial difference in the cost of materials, given interest rate increases and inflation, and the ability of the programmes to stay within the ECO cost parameters for the schemes. For example, loft insulation has proved 430% more expensive than the ECO4 and ECO4A methodology assumed. Cavity wall insulation is 372% more expensive, and external wall insulation is 147% more expensive. Companies are just not able to do the amount of work for the amount of money that the ECO4 costings assume. An obliged company is therefore not able easily to meet the obligation targets in the way the methodology for ECO4 assumes. The delivery of ECO4, in comparison with that of previous ECO iterations, is very seriously behind schedule.

What dismays me is that none of those problems has been recognised in the methodology for ECO4A. Indeed, as we can see from the draft order, that methodology is pretty substantially the same as that for ECO4, with the exception of one or two things about off-grid customers and various other matters.

My question to the Minister, at the end of all that, is what consideration he has given to changing the methodology for ECO4A so that it does not fall into the traps that ECO4 has already started to fall into. Perhaps ECO4 could be brought back into any new methodology, because the two schemes run in parallel up to 2026, and we could solve a number of the problems in implementation over the period.

I think I may know the answer. Informal sources tell me that a further SI might be on its way in the not-too-distant future and will seek to correct a number of those methodological problems as ECO4 goes forward. Is that the case? If something is indeed coming to correct the methodological problems, will the solutions apply to both ECO4 and ECO4A, bearing in mind that that has not happened today? If the answer to both those questions is yes, I will be fairly pleased. If the answer is, “I am not sure: maybe,” I think we need to look at that further.

Finally, if the Minister is looking at methodological issues, might he consider whether the issue of the eligibility of the number of homes—as opposed to people—for ECO4A could be substantially ameliorated with a methodology that puts the focus of ECO4A, and by implication ECO4, on reducing energy costs in homes, rather than heating costs only? A number of measures that seem evident to most of us are not actually allowed under the ECO4 methodology as a result of the distinction between heating and energy costs. For example, where a home needs to upgrade light fittings and wiring so that it can switch to LED lighting, that makes an enormous difference to energy costs, but it is not eligible under ECO4 because it is only about heating costs in-home. Perhaps when the Minister tables his new SI—if indeed he is going to—he will think about that, because it would be helpful in taking the progress of ECO4 and ECO4A in a positive direction.

Other than our disappointment in the lack of a new methodology to mend both ECO4 and ECO4A, the official Opposition have no objections to the draft order, because we need to make progress with energy efficiency as quickly as possible.

--- Later in debate ---

[Andrew Bowie]

I thank both my counterparts. Obviously they have not spent enough time locked in a Committee Room over the past six weeks, so they wanted to come back for some more today. It is a pleasure to be back with them both this afternoon.

Improving the energy efficiency of our homes is the best long-term solution to reduce energy bills and therefore to tackle fuel poverty. That is why the Government have set a new and ambitious target to reduce final energy demand from buildings and industry by 15% by 2030, and are committed to ensuring that homes are warmer and cheaper to heat by investing £12 billion in Help to Heat schemes such as the home upgrade grant and the social housing decarbonisation fund. The Government remain committed to helping low-income and vulnerable households to reduce their fuel bills and heat their homes. The Great British insulation scheme will be a crucial element of that help over this winter and for years to come.

The hon. Member for Kilmarnock and Loudoun asked why a smaller number of all properties are projected to be insulated and why we are not focusing on solid wall insulation. The scheme will focus on the most cost-effective insulation measures to ensure that as many households as possible can receive support. Solid wall insulation remains eligible for the scheme, but as it is a high-cost measure, it is more likely to require a consumer contribution.

The Government are absolutely determined to reach our energy efficiency ambitions by 2030. We need to balance the ambition of the scheme with the impact of consumer bills and the ability for existing supply chains to deliver measures quickly. This Government are taking action now, led by the energy efficiency taskforce, and building on what has already been achieved through more efficient use of energy in the UK.

Let me address the points raised by the hon. Member for Southampton, Test. Why is the number of homes estimated to be upgraded through the insulation scheme lower than was originally estimated? Compared with the modelling undertaken for the consultation stage impact assessment, the final modelling has incorporated higher-measure cost assumptions. These updated cost assumptions were informed by independent surveys of installers and have been the primary factor in causing the estimated number of homes treated through the scheme to fall.

I accept the hon. Gentleman’s statement that ECO4A, ECO4+ and the GBIS are the same scheme. He asked whether a minimum of two standard assessment procedure band improvements would be required, which might create problems for the insulation scheme. The GB insulation scheme has no minimum improvement requirement; it will target the most cost-effective single measures to make the biggest difference to the most energy-inefficient properties.

Should we support fully those who are on the lowest incomes and are the most vulnerable? We want to extend support to a broader pool of households who are currently ineligible for support through existing schemes but are also likely to be struggling to pay higher energy bills. At least 20% of the obligation will focus on low- income households, targeting those on means-tested benefits, living in the least efficient social housing or referred by a participating local authority or energy supplier and considered to be on a low income or vulnerable. The remainder will be open to households in the lower council tax bands: A to D in England and A to E in Scotland and Wales, equivalent to EPC rating D to G.

Has a comparative assessment been made of the cost assumptions for the ECO4 scheme and of those set out in the Great British insulation scheme consultation? We are monitoring ECO4 delivery against the current cost assumptions and will consider changes if necessary. However, changing the cost assumptions may require either a change to the overall energy bill reduction target, the estimated funding scheme policy details or a combination of all three. Such changes would require public consultation, and possibly regulatory change.

[Dr Whitehead]

I think the Minister has just indicated, in his very last sentence, that another SI may be on its way. If so, what is the timescale?

Energy Bill [ Lords ] (Eighteenth sitting)

Lord Whitehead Excerpts

Committee stage
Thursday 29th June 2023 Public Bill Committees

[Dr Alan Whitehead (Southampton, Test) (Lab)]

The Minister said, “Watch this space”. It would be very helpful if he were to give us an outline of what the content of the space might actually look like.

[Andrew Bowie]

Far be it from me to spoil the enjoyment for hon. Members! I said this when we debated it last week, and I say it again: we continue to work on this. We continue to look at what more the Government can do to support community energy projects across the United Kingdom, and I will commit to provide an update on the next steps ahead of Report. I hope that is suitable for hon. Members. I do not believe that this new clause would add any value, so I encourage—indeed, I humbly beg—the hon. Member for Sheffield, Hallam to withdraw her new clause.

--- Later in debate ---

Brought up, and read the First time.

[Dr Whitehead]

I beg to move, That the clause be read a Second time.

It is a pleasure to serve under you, Mr Sharma, and I hope we will complete this Committee stage under your chairmanship today. New clause 88 involves a little bit of Energy Bill archaeology. I will explain what I mean by holding up a copy of the Energy Bill as it first appeared. Archaeology is necessary because it first appeared on 6 July 2022—we have been working on the Bill for that long.

Among the 270-odd clauses in the original Bill, clause 161 sought to extend the domestic gas and electricity tariff cap. Under the Domestic Gas and Electricity (Tariff Cap) Act 2018, the tariff cap has a defined life, and the original Bill would have amended the arrangements. The Act also introduced a carefully calibrated procedure to determine how long a cap should last. Ofgem is required to produce an annual report on the tariff cap and, if during that time market conditions have become more straightforward, it can recommend its removal. The report goes to a Minister, who then decides what will happen. This approach started in 2020. If Ofgem reports that market conditions have not returned to normal, the same procedure is carried out again the following year.

That process was time-limited to 2023. Quite clearly, market conditions have not returned to normal, so it is important to extend the mechanism. Essentially, that was what clause 161 in the original Bill did: it extended the arrangements to 2024 and 2025. Again, that was time-limited, with a sunset of 2025. As I recall, that important provision assured the industry and various others that the cap was being actively looked at. That gave a little bit of certainty to the industry, and its reaction was informed by the understanding that a reasonably objective test would carried out for the continuation or otherwise of the price cap.

I will roll forward rapidly to the end of September 2022 and the propitious day on which the right hon. Member for North East Somerset (Sir Jacob Rees-Mogg) became the Secretary of State for Business, Energy and Industrial Strategy. He lost no time in seeking to vandalise this provision by opportunistically inserting a stand-alone schedule to the Energy Prices Act 2022—which it had become necessary to pass—which addressed the enormous rise in prices, what Government intervention might look like and how it could be regulated.

--- Later in debate ---

[Katherine Fletcher (South Ribble) (Con)]

I appreciate that the hon. Gentleman is trying to bring some colour to his remarks, but does he agree that alluding to acts of physical violence in something so important is not a brilliant plan?

[Dr Whitehead]

I would agree if that were not my metaphorical way. Of course I do not believe that the former Secretary of State for Business, Energy and Industrial Strategy is going to take the Minister into a cupboard and do him over; it is a metaphor that I hoped might convey some of the possible lingering influence of the right hon. Member for North East Somerset on our present considerations. I am sure that the Minister will want to put that lingering influence out of his mind when considering what to do today.

After all the work that has been done on getting this clause back into the Bill, I confidently expect the Minister to greet it with acclamation. He does not have to do any work on it now, because it is ready to go. He can proceed with a Bill he can be proud of through its remaining stages in this House.

[Andrew Bowie]

For the record, let me make it absolutely clear that I have only the greatest respect for my right hon. Friend the Member for North East Somerset and that he has never expressed any desire to take me into a cupboard and, metaphorically or not, do me over. We enjoy a very good relationship. Although we disagree on some points of principle, we are broadly in agreement on the general direction of travel that is needed for the betterment of this country. I put on record my thanks for his service in supporting the Government in the various offices in which he served.

I also thank the hon. Member for Southampton, Test for tabling new clause 88. I note that it reflects the clauses that were in this Bill when it was first published in July last year, as he has pointed out. However, I am sure that it will not have escaped his notice that a great deal has happened to energy prices since then. Last September, the Government announced a massive package of support for consumers. As part of the work to deliver that package, the Domestic Gas and Electricity (Tariff Cap) Act 2018 was modified by the Energy Prices Act 2022, which received Royal Assent on 25 October.

Those modifications were made so that the tariff cap could function both as a cap to ensure that prices are efficient and as the reference price for the subsidy payments to households under the energy price guarantee. Although energy prices have now fallen below the level at which energy price guarantee payments are being made, it will remain in force until the end of March 2024 to protect households from price spikes. To ensure that the support rates under the energy price guarantee could be set and delivered effectively and quickly, the Energy Prices Act removed the requirement on Ofgem to carry out a review and to produce a report and recommendation to inform annual decisions by the Secretary of State on whether to extend the cap. As a result, there is now no automatic end date for the cap and the Secretary of State will give notice of when the tariff cap will end, but that does not change the fact that the tariff cap was always intended to be a temporary measure. It remains so, for now; as stated in the Government’s energy security plan, we intend to consult later this summer on the future of the price cap. In the light of my remarks, I hope that the hon. Member for Southampton, Test will feel that he can withdraw the new clause.

[Dr Whitehead]

I thank the Minister for his remarks. Water has indeed flowed under the bridge since the original intentions of the Bill were set out, but I think he has rather missed the point that I was trying to make. We are not saying that there should not be a price cap or that there should be no protection against price spikes and so on, which is what the price cap does at the moment. Nor are we saying that the market has returned to normal. What we are saying is that there was a perfectly good procedure in place, which could work perfectly well under the present circumstances, to give confidence to industry and various others that the price cap would be considered fairly carefully during its progress. That has been replaced by an occult process whereby the Secretary of State just has an idea or does not have an idea.

The whole framework of proper discussion, proper argument, proper reporting and proper consideration has been knocked away. The Minister says that there will be consultation on the future of the price cap at some stage, but I think he will agree that that is not a proper substitute for the clear arrangements that were originally in place under the 2018 Act and that were supposed to be in place under the Bill.

That is the point that we are trying to make: not that under the present circumstances the price cap has somewhat changed its function in terms of being a back-up to other measures that are in place for pricing, but that the long-term issue of the price cap itself was previously under careful consideration and now is not. That is the fundamental difference between the legislation as it was and the legislation as it is now, on a half-baked, un-thought-out basis, in the medium term.

I am both encouraged and disappointed by what the Minister has had to say. We want it on the record that we would like the proper procedures for price cap management to be reinstated. We have produced a method that can and will work, which I think hon. Members will agree is probably superior to a half-promise that something might happen at some stage, with some consideration being given to consultation. On that basis, we would like to press new clause 88 to a vote, so that at the very least we can place it on the record that we think it important and that we are disappointed that the Government do not appear to have taken our argument on board.

Question put, That the clause be read a Second time.

--- Later in debate ---

Brought up, and read the First time.

[Dr Whitehead]

I beg to move, That the clause be read a Second time.

The Committee will be delighted to know that I do not intend to detain it for any length of time on the new clause, which follows on from our earlier debate about the setting up of the independent system operator.

We think something is missing from the otherwise pretty comprehensive and good arrangement for the setting up, organisation and running of the independent system operator, which we completely support; although we would like to see the independent system operator playing more of a system architect role than is presently envisaged, in general we are absolutely for setting up the ISOP in the way that has been described. What ought to follow is at least a consideration of whether the arrangements between the ISOP and the distributed network operators, on which we tabled some amendments at the time, are sufficiently robust to enable a system operator function to operate at all levels of grid delivery. As I said a little while ago, there are decreasing distinctions between the lower-level grid operated by the DNOs and the high-level grid, which is the function of the National Grid ESO at the moment.

The possibility arises that it will be possible—more than possible—to establish regional independent system operators to perform, in conjunction with the ISOP, the same sort of function that is presently envisaged for the ISOP itself. That would be a slightly different function, inasmuch as the regional system operators could be responsible for what is increasingly likely to happen with regional balancing, ancillary services and other such things that are part of the emerging structure of the grid as a whole, as we move from a centralised to a much more decentralised grid arrangement.

RISOs, as I call them, would be able to play a substantial role in that. All new clause 88 suggests is that the Secretary of State produce a report on the advisability of establishing regional independent system operators. I called them RISOs a moment ago, but RISOs are actually duplicating machines favoured by those with left-wing tendencies producing leaflets; these would be RISOPs, which could be established to provide that important link arrangement between the high-level grid and the low-level grid for the future.

That is all, really, as far as the new clause is concerned. It does not require anything earth-moving to take place in the immediate future—just consideration of this arrangement. It may well be that just by raising the matter I will have put the thought in the Secretary of State’s mind that maybe we should consider going in that direction; it is certainly a direction the Opposition would consider going in if our roles on these Benches were reversed. My purpose in tabling new clause 89 was to raise the issue and see what the Minister has to say about it; I certainly do not intend to press it to a vote.

[Andrew Bowie]

For the record, may I point out that it is not just leaflet publishers of left-wing tendencies who are au fait with risograph printers? I have spent many hours standing by a RISO producing leaflets for those of centre-right tendencies.

I may be wrong but, according to my notes, this is the last new clause or amendment the hon. Member for Southampton, Test will speak to, so I thank him and the shadow team for the very collegiate way in which they have proceeded through Committee stage. I look forward to engaging with the hon. Gentleman again on Report and Third Reading, and indeed in the interim, when I am sure we will be corresponding. I thank all hon. Members for their contributions thus far.

New clause 89 speaks to the creation of a new set of bodies to deliver regional system operation and planning, and in many ways repeats the intentions of amendment 97, which the hon. Member for Southampton, Test tabled. As with that amendment, the new clause creates powers relating to the operation of distribution systems.

Ofgem has recently consulted on the future of local energy institutions and governance, with a focus on the creation of regional system planners specifically. That consultation closed on 10 May, and I suggest that this new clause prejudges the outcome of that work.

Alongside Ofgem, the Government will carefully consider the proposals we are consulting on. If we then proposed legislative or licence changes that affected the relationship between the ISOP and distribution networks, any additional functions accruing to the ISOP would be covered by the wording in clause 119(2)(b) and clause 134(3)(a). That is because those clauses allow for other functions to be conferred on the ISOP under, or by virtue of, legislation other than part 4.

I hope that puts the mind of the hon. Member for Southampton, Test at ease and that he feels able to withdraw his new clause.

[Dr Whitehead]

I have no further comments to make, other than to thank the Minister for his comments. There are indeed consultations under way through Ofgem, and I look forward to seeing what those have to say. I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

New Clause 90

Objections by planning authorities to applications for consent under section 36 or 37 of the Electricity Act 1989

“(1) Schedule 8 to the Electricity Act 1989 is amended as follows.

(2) Omit paragraph 2.

(3) In the cross-heading before paragraph 3, omit ‘by other persons’.

(4) In paragraph 3, omit sub-sub-paragraph (2)(a).”—(Alan Brown.)

This new clause would remove the ability of a local planning authority automatically to cause a public inquiry to be held by objecting to an application to the Secretary of State for consent under section 36 or 37 of the Electricity Act 1989, instead leaving Ministers to decide whether a public inquiry should be held.

Brought up, and read the First time.

[Alan Brown]

I beg to move, That the clause be read a Second time.

--- Later in debate ---

[Dr Whitehead]

I also have a 3,000-word speech, but I will not give it today. The Government amendments and clauses are wholly unexceptional, and are essential for the speed of the Bill. I have nothing further to add to what the Minister said.

[Alan Brown]

I will be brief. Amendment 114 is about getting the consent of Scottish Ministers before the passing of regulations. I could have tabled it to any number of previous clauses, but this is the most appropriate clause for it to relate to, because it relates to the regulations made under the whole Bill.

There has been talk of collegiate working—the two Governments working together—and the Minister said that he wants to find a different process, but there remain concerns that unless there is a firmed-up process, there is a risk that, somewhere down the line, policies and regulations will be proposed against the consent of Scottish Ministers.

The Scottish Government support the Bill; we are working together in these policy areas. It is not about trying to give the Scottish Government some sort of veto but about working together and ensuring that processes are in place that allow for not just consultation but taking the advice and wishes of the Scottish Government on board.

I know that the word “consent” always makes the Westminster Government very nervous, because they think it gives too much power to the Scottish Parliament, but it is not about that. It is not about political fights; it is about working together and ensuring that the wishes of the Scottish Government in respect of energy matters and considerations are taken on board.

--- Later in debate ---

[Andrew Bowie]

Thank you, Mr Sharma, for your excellent chairing of the Committee this morning, and thank you to Mr Gray, Dr Huq and Ms Nokes for their equally excellent chairmanship over the course of the Committee.

I pay special tribute to the Clerks and to my officials for their tireless work on what is quite a hefty piece of legislation. I also thank Members on both sides of the Committee for the constructive, thoughtful and insightful debate on this landmark Bill. I have already thanked the shadow Minister, the hon. Member for Southampton, Test, for his overall support, and for our way of working in Committee, which has been collegiate and good mannered—well, not good mannered. [Interruption.] Bad mannered! [Laughter.] Although we have not agreed on every detail, I thank him for his knowledgeable contributions.

The Energy Bill will provide a clear, more affordable and more secure energy system. It will liberate private investment, including in technologies, reform our energy system so that it is fit for purpose, and ensure its safety, security and resilience. I look forward to working with everyone present to take the Bill through Report stage and on to Royal Assent.

[Dr Whitehead]

I associate myself with the Minister’s remarks concerning your excellent chairing, Mr Sharma, and that of your colleagues the hon. Member for North Wiltshire (James Gray), my hon. Friend the Member for Ealing Central and Acton (Dr Huq) and my constituency neighbour the right hon. Member for Romsey and Southampton North (Caroline Nokes). I hope that you can convey to them the thanks of all Committee members for their excellent work in bringing the Committee to its conclusion.

I also thank, beyond the normal level of thanks, the Committee Clerks, who have been of tremendous assistance to me in bringing forward the sinews for debate by way of the amendments and new clauses, all in perfect order and debated accordingly. In my relatively long experience of taking Bills through the House, their work has been way beyond the call of duty, for which I am very grateful to them.

I believe the Minister is the record holder of fastest House of Commons runner in the London marathon ever.

[Andrew Bowie]

No—just in one year, I am afraid.

[Dr Whitehead]

I think it was ever, but perhaps we should have a rerun. It is rather appropriate that we have got through this marathon Bill in good order and in good time. The Minister is very substantially responsible, not least with his speed-reading skills, for managing us through that lengthy process, and I thank him for that. I also thank him for his good humour, collegiality and careful consideration of the points that we have put forward.

We of course do not agree with everything that has come out of the Committee, and we will pursue some of those things during the Bill’s later stages, but I hope that I can say on behalf of the whole Committee that, overall, we have between us delivered a Bill that fundamentally we pretty much agree on through to its next stages in relatively good order. That is not always the case in this place, and it is something we can all be quite proud of. That is the end of my thanks. I hope that everyone will be happy with having the afternoon off, now that we can move forward to Report stage.

[The Chair]

Not yet—in a few minutes. I call Alan Brown.

Energy Bill [ Lords ] (Sixteenth sitting)

Lord Whitehead Excerpts

Committee stage
Tuesday 27th June 2023 Public Bill Committees

[Dr Alan Whitehead (Southampton, Test) (Lab)]

In his reply to my hon. Friend the Member for Bristol East, will the Minister expand briefly on his understanding of the meaning of the word “pause” in relation to the forcible installation of prepayment meters by energy companies? As far as I am aware, there is no time set for that, nor is it subject to any other actions that the Government may take. Is it the Minister’s understanding that the pause is strictly time-limited and that practices may start again at the end of it?

[Andrew Bowie]

The pause will be until Ofgem has finalised the review of supplier practice in relation to prepayment meter customers. That is what we expect, anyway, because in addition to what I have said this morning, the Secretary of State has told Ofgem to toughen up on energy suppliers and to investigate customers’ experiences of how their supplier is performing. Following that, Ofgem established a new customer reporting system for households to pass on their experiences of how they are being treated. We are approaching this across the board. We believe, however, that any ban on the forced installation of prepayment meters would risk a build-up of customer debt. Unpaid debts increase costs for all energy consumers and could pose a risk to supplier stability.

To address issues around the forced installation of prepayment meters, Ofgem has recently published a new code of practice, as I mentioned. The code has been agreed with energy suppliers to improve protections for customers being moved involuntarily to a prepayment meter. It ensures better protections for vulnerable households, increased scrutiny of supplier practices, and redress measures where prepayment meters were wrongly installed. It includes provisions to prevent involuntary installations for all high-risk customers, including those dependent on powered medical equipment, people over 85, and households with residents with severe health issues. It also includes a requirement for suppliers to reassess whether prepayment remains the most suitable and preferred payment method for a customer once they have repaid debts. Suppliers must agree to any request from a prepayment customer who is clear of debt to move off a prepayment meter.

The rules to which suppliers must adhere regarding the installation of prepayment meters are set out in the licence conditions set by Ofgem as the independent regulator. Ofgem will undertake a formal statutory consultation process to modify suppliers’ licence conditions in line with the code ahead of this winter. This will allow Ofgem to use its full enforcement powers to enforce compliance with the code, ensuring that consumers are protected and that the poor practices that we have seen will not happen again.

It is vital that, as the independent regulator, Ofgem continues to set the rules to which energy suppliers must adhere in licence conditions. New clauses 2 and 38 would risk taking that power away from Ofgem. Allowing the Government to set rules outside the licence conditions would threaten Ofgem’s independence and its ability to regulate suppliers effectively.

The Government have always been clear that action is needed to crack down on the practice of forcing people, especially the most vulnerable, on to prepayment meters. We will continue to work closely with Ofgem and industry to see that the code leads to positive changes for vulnerable consumers. I hope that hon. Members are reassured by my explanation and that they might feel able to withdraw their new clauses.

--- Later in debate ---

Brought up, and read the First time.

[Dr Whitehead]

I beg to move, That the clause be read a Second time.

We come now to something that has run as a bit of a leitmotif through our discussions in Committee, which is the position of the North Sea Transition Authority—I was going to say the “so-called” North Sea Transition Authority, but I accept that it is the North Sea Transition Authority. However, as we have pointed out in previous debates, the name came about by means I am not entirely clear about, as opposed to being set in legislation.

In a previous debate, we discussed the circumstances under which somebody might go about their daily business calling themselves a particular appellation but find out that there were legal consequences to using a name that was not actually theirs, even though for daily purposes that name was reasonably accepted. That is the key point as far as the North Sea Transition Authority is concerned, because legally the North Sea Transition Authority is actually the Oil and Gas Authority. It is not just legally the Oil and Gas Authority; it is an authority that was effectively set up by the Energy Act 2016.

If we turn to the pages of the 2016 Act, we see a number of functions that the OGA must undertake. It is not the case that the OGA did not exist at all in any form prior to the 2016 Act’s passing into law; it was originally incorporated under the Companies Act 2006 as the Oil and Gas Authority Limited. The 2016 Act made a particular point of taking that limited company and transforming it by legislation. It states:

“The company originally incorporated under the Companies Act 2006 as the Oil and Gas Authority Limited is renamed as the Oil and Gas Authority.”

There it is in the legislation. The 2016 Act then made a number of transfers of functions from the OGA: the transfer of property rights, staff and so on. It is fairly clear from that that the Government at the time of the passage of the 2016 Act had a very real intention as to the function, activity and so on of the Oil and Gas Authority: they set it all out in the legislation. They were clear and specific on that. They were also clear and specific on what the OGA should be doing.

It was not just guidance on what the OGA should be doing; it was set out in the legislation under section 8, “Matters to which the OGA must have regard”. It needed to

“minimise public expenditure relating to, or arising from, relevant activities.”

It was concerned with the

“need for the United Kingdom to have a secure supply of energy.”

It had a function entitled “Storage of carbon dioxide”, and the OGA needed to

“work collaboratively with the government”.

By the way, regarding a debate we will come to later, the OGA also had at least an implied function with respect to the maximum economic extraction of oil and gas from the North sea. It was clear that the OGA had a number of things it should do, and that it was able to collect samples and regulate the oil and gas industry in the North sea, all within the overall umbrella of maximising economic recovery of that oil and gas in the North sea and elsewhere.

The OGA had a clear set of legal requirements and a clear set of duties and responsibilities, but the Government’s decision—I do not know whose decision it was, and it would be helpful if the Minister clarified that for me—that, henceforth, the OGA should be called the North Sea Transition Authority was, as far as I can see, conceived and carried out on no legal basis whatever. It was simply a device, which I guess aligned with the North sea transition deal, which was originally entitled the North sea oil and gas deal, whose title was, during discussions on the deal, so I understand, changed. That was when the Government had an industrial strategy, and this was put forward as a strategy for oil and gas in the North sea, although it also included elements of what we might say was a transition.

The North sea oil and gas companies undertook to change their position on flaring, for example, and undertook to do various things about the electrification of the North sea oil rigs and various other things. However, notably in the North sea transition document, there was no mention of, nor any agreement on, the management of production in the North sea, or indeed management of exploration or any other activities that were going on. This was a limited document that might be described as a North sea transition document, and an even more limited change to the name of the North sea OGA, which was renamed the North Sea Transition Authority. I presume that the name change arose from the basement of the Department for Business, Energy and Industrial Strategy as a nod in the direction of that particular document, but that is all.

The North Sea Transition Authority has done some mighty work in respect of its new function. It has changed its notepaper, I think—it has got that bit sorted out—but nothing else has happened as far as the authority is concerned. As the Minister saw just recently, and as I have periodically pointed out as the Committee has progressed, when the guidance notes and the notes published by the Department on various aspects of the Bill appear, we see that the North Sea Transition Authority is doing various things related to various aspects of the Bill. However, when we go into the clauses in the Bill, we see that it is not the North Sea Transition Authority that is doing those things, but the Oil and Gas Authority, because that remains the legal arrangement.

--- Later in debate ---

Following those explanations, I hope that the hon. Gentleman feels that he can withdraw his new clause.

[Dr Whitehead]

Indeed there is a feeling welling up in me that we are not able to proceed with the new clause, given that the Minister said—and I agree—that such a change cannot be made easily with a quick stroke of a pen, and that a number of other things need to be considered alongside that. I am pleased that he indicated that, as we speak, there are serious people with towels round their heads working through the implications and looking at how we can best do it. That was the intention of the new clause, but perhaps I was rather optimistic in thinking that the name change could be written in easily. I appreciate that it cannot.

I also appreciate that the transition authority has the green light from Government to start undertaking things relating to transition. It is beginning to pursue that, and that is all good, but I say gently to the Minister that at some stage we will need to push this together. If the gentlemen with wet towels round their heads—

[Andrew Bowie]

And ladies.

[Dr Whitehead]

And ladies, indeed. If they can undertake their work in a reasonable fashion, I hope we will have a solution that is good for all of us, as far as the transition is concerned. I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

New Clause 44

Maximum economic recovery in the North Sea

“(1) The Petroleum Act 1998 is amended as follows.

(2) Omit sections 9A to 9I.”—(Dr Whitehead.)

This new clause removes reference to Maximum Economic Recovery in the North Sea as placed into the Petroleum Act 1998 by section 41 of the Infrastructure Act 2015.

Brought up, and read the First time.

[Dr Whitehead]

I beg to move, That the clause be read a Second time.

New clause 44 concerns a similar legislative requirement—this time, not in the Energy Act 2016, but in the Infrastructure Act 2015. The 2015 Act—I know that hon. Members will have it at their bedsides at all times—contains what can only be described as a performative piece of legislation. Section 41 makes an extensive amendment to the Petroleum Act 1998, which worked perfectly well in supporting the development and activity of the North sea basin, to introduce a principal objective of

“maximising the economic recovery of UK petroleum”—

interestingly, that is not defined in the legislation—through

“development, construction, deployment and use of equipment,”

collaboration among various persons, and so on.

Section 41 also states that the Secretary of State

“must produce one or more strategies for enabling the principal objective to be met.”

There is a requirement on the Secretary of State,

“As soon as practicable after the end of each reporting period,”

to

“consider the extent to which, during that period, these persons have followed section 9C by acting in accordance with the current strategy or strategies,”

and to

“produce a report on the results of the consideration of that question.”

The section goes on to state what the report must contain, and to provide that the Secretary of State

“must publish, and lay before each House of Parliament, a copy of each report produced under this section.”

I have one initial question for the Minister: where are the reports? I have looked quite hard in the Library and various other places to find copies of the reports that the Secretary of State was supposed to produce in each reporting period, and to identify what considerations he or she made in terms of licence holders and operators under petroleum licences and so on. It is probably a case of me being a little remiss, but I cannot find those reports on the maximisation of the economic recovery of UK petroleum, several of which should have been produced by now, since they are supposed to be produced at the end of each two-year reporting period.

Far be it from me to suggest that the Secretary of State is in breach of his requirements under the 2015 Act. I am sure the Minister can put me right about whether the Secretary of State is in breach and either point me to the reports or, perhaps, suggest that they might be forthcoming. I hope the Minister has received inspiration that may enable him to address that point.

Even at the time, section 41 of the 2015 Act appeared to be rather strange in definitional terms. What would lead the Secretary of State to consider that the economic recovery of UK petroleum has been maximised? Is it the extraction of every last drop of petroleum and gas from the North sea—and, if so, over what timescale? It is unclear. Presumably, if economic circumstances change and make further North sea extraction economical, the Secretary of State and industry should start busily extracting everything that is economically extractable, even though in the future it may not be regarded as such.

Section 41 is a bit of a nonsense, and of course it is a much bigger nonsense now than it was, because the Government have solemnly agreed to our net zero targets and amended the Climate Change Act 2008. Indeed, the amendment of those targets was agreed after the 2015 Act was passed. We now have targets for our country’s future emissions, as well as legislation that essentially says that we are required to do the opposite of those targets through oil and gas extraction in the North sea.

As I am sure the Minister is aware, one important calculation in reaching net zero—indeed, the Government have introduced a net zero calculator—is whether at least some extraction of oil and gas from the North sea contradicts the net zero target. We have had a number of assessments, including from the Climate Change Committee and various other bodies, that maximising the economic extraction of oil and gas from the North sea would undoubtably bust our targets, and that we must be clear that at least some of it probably needs to be left there. If we sucked the North sea and other places dry of their oil and gas resources, depending on how we accounted for it, that would pretty much inevitably bust our ability to reach our targets. The objective to maximise economic recovery sits in stark contradiction to our overall emissions targets.

--- Later in debate ---

[Andrew Bowie]

I could not agree more that there are financial risks. That is probably why, just this morning, so many businesses expressed their worry at Labour’s Just Stop Oil plans, which were outlined a couple of weeks ago and which the former Labour leader of Aberdeen City Council described as even worse for an industry than the actions of Margaret Thatcher in the 1980s. That is from a member of the Labour party who resigned due to Labour’s policies on oil and gas.

[Dr Whitehead]

I would be grateful if the Minister withdrew that comment about Labour’s “Just Stop Oil plans”. There are no Labour Just Stop Oil plans. Indeed, Labour has condemned the activities of Just Stop Oil protesters, because Labour does not wish just to stop oil. We specifically said this morning that we do not wish to do that, and that we see a substantial role for the North sea oil and gas industry out to 2050. We would support that future, so I hope the Minister will not resort to these easy gibes and will address the issue rather more seriously today. That would be helpful.

[Andrew Bowie]

I should probably turn to the new clause, but I welcome the welcome and support that the hon. Gentleman—and now, it seems, the Labour party—will give to our offshore oil and gas industry. He should probably inform the members and founders of Just Stop Oil who have donated so much money to his party.

The objective of maximising economic recovery in the North sea forms the basis of the North Sea Transition Authority’s regulatory functions, and removing them could significantly undermine its ability to operate as intended. It would also lead to a significant lack of clarity about the authority’s regulatory role. Maximising the economic recovery of oil and gas need not be in conflict with the transition to net zero, and the North Sea Transition Authority is already doing a great deal of work to support an orderly transition that delivers on our climate commitments and supports workers.

In December 2020, in accordance with section 9A of the Petroleum Act 1998, the North Sea Transition Authority published a revised strategy, titled “The OGA Strategy”.

[Dr Whitehead]

Ah!

[Andrew Bowie]

It is rather ironic, given what we have just been discussing. Through the revised strategy’s central obligation, the North Sea Transition Authority must

“secure that the maximum value of economically recoverable petroleum is recovered from the strata beneath relevant UK waters; and, in doing so, take appropriate steps to assist the Secretary of State in meeting the net zero target”.

The strategy therefore already provides a basis for the North Sea Transition Authority’s ongoing work to help drive the energy transition.

Under the revised strategy, the North Sea Transition Authority has also introduced new expectations for how North sea oil and gas assets will be managed in the least polluting way, and it will consider the full societal carbon cost when taking decisions. The North Sea Transition Authority will continue to work with Government, industry and other regulators to help accelerate the move to net zero while meeting the UK’s energy demands and need for energy security.

Section 9D of the Petroleum Act 1998, on reports by the Secretary of State, was repealed by paragraph 10 of schedule 1 to the Energy Act 2016, which means the repeal happened before any reports needed to be produced.

I pay tribute to our offshore oil and gas industry, particularly Offshore Energies UK and its “Vision 2035” plan, which means the North sea will become the world’s first net-zero basin. With these explanations, I hope the hon. Gentleman feels able to withdraw his new clause.

[Dr Whitehead]

I thank the Minister for clarifying the position on reports, because I must admit that I had not read that paragraph of the 2016 Act. It rather underscores my point that this is a performative piece of legislation. There were requirements to report, but the Government presumably realised that they were even sillier than the original imposition on the 1998 Act and decided, one year later, that reports would not be necessary. It could have been a bit embarrassing if the reports came out, so they decided that the reports were not necessary. I thank him for that clarification, but he is rather speaking to my point instead of his.

I am very disappointed that the Minister has sought to characterise our debate as one side of the Committee being against oil and gas and the other side being in favour; he thereby swerves the important point raised by my hon. Friend the Member for Sheffield, Hallam. On the overall position that maximum economic extraction could lead us—

Energy Bill [ Lords ] (Fifteenth sitting)

Lord Whitehead Excerpts

Committee stage
Thursday 22nd June 2023 Public Bill Committees

[Andrew Bowie]

Government new clauses 53 and 54 relate to support for energy-intensive industries. The Government recognise that in recent years EIIs in Great Britain have faced the steepest industrial electricity prices in Europe, even with existing Government support schemes applied. That has been due primarily to the long-term disparity in network and policy costs. It has a particular impact on the competitiveness of UK industry and, in particular, EIIs such as steel and chemicals manufacturing. Internationally higher electricity prices for these sectors put the UK at risk of significant job losses and disinvestment—a position that is growing only more acute against the backdrop of volatility in wholesale energy markets. Consequently, the UK is also missing out on inward investment, as the most energy-intensive industries in comparable neighbouring countries are exempted from similar costs.

In the absence of UK domestic production, we would need to place much greater reliance on import markets in regions with lower emissions standards and less stringent climate policies. That would constitute carbon leakage, which is a risk to both our economic security and our aim to achieve net zero by 2050. In response to this challenge, the Government announced in February the British industry supercharger—a decisive set of measures to make Britain’s strategic EIIs more competitive and to tackle the risk of carbon leakage. That will be achieved by addressing three areas of the domestic energy system, which together contribute to higher electricity costs for EIIs here than is the case in comparable countries.

The new clauses will provide us with the powers to implement one of the three measures in the British industry supercharger package by providing a means to offer relief on network charging costs. New clause 53 provides the Government with the powers to implement the network charging compensation scheme to compensate EIIs for a portion of their network charging costs. It also provides the Government with the powers, if required, to appoint an administrator for said scheme.

New clause 54 provides the Government with the powers to establish the mechanism to fund the NCC scheme through a levy on all licensed electricity suppliers in the form of the EII support levy. It also provides the powers to appoint an administrator for the proposed levy. This measure, in conjunction with the others listed in the British industry supercharger package, will help to reduce electricity costs for EIIs that struggle to remain competitive because of the high cost of electricity.

Failure to tackle high electricity prices would risk the UK losing these critical sectors for good, resulting in missed investment, job losses and a need for us to place much greater reliance on import markets with lower emissions standards. I therefore commend new clauses 53 and 54 to the Committee.

[Dr Alan Whitehead (Southampton, Test) (Lab)]

It is a pleasure to serve under your chairmanship once again, Dr Huq. The Government tabled the new clauses at a reasonably late stage. We knew they were coming, because the Minister was kind enough to discuss them beforehand, but, having arrived, they do not quite say what I thought they might about the matter in hand, and it would be useful to have a little clarification from him—in addition to what he said a moment ago—about what exactly the new clauses consist of.

The major element of the so-called supercharger package as it relates to the new clauses is, as I understand it, the proposition that energy-intensive industries should be subject no longer to green and similar levies but should have a complete exemption from those levies. For quite a long time they have had an 85% exemption from levies, and I think part of the proposal in the supercharger arrangements is to reduce that to zero.

The Minister will know from our previous discussions that there is an extant list of what are and are not energy-intensive industries. There is some discussion about whether that list might be refined to more accurately define what energy-intensive industries are. Indeed, I recall that the Minister and I had exchanges in a Westminster Hall debate about what would be defined as an energy-intensive industry for these purposes. There are anomalies in the definition of “energy-intensive industries”—for example, certain things relating to plants or plant culture are included as energy-intensive industries because of the energy they use, but agriculture in general is not—so there are questions about what will be defined as such and whether there is any intention to clarify or change the definition.

For industries that are categorised as energy intensive, the changes that can be made to levy obligations through the operation of the new clauses could be fairly considerable. I imagine the Minister may well be inundated with letters and various other communications from people in industries that they think should be classified as energy intensive but are not presently included in the definition. They will wonder whether the Department is going to have any proactive discussion about that, or whether it is content to leave the list as it is for the purpose of the new clauses. I do not know, and it would be helpful to have some sort of guidance as to whether that will be the case.

The position hitherto has been that energy-intensive industries have had an 85% exemption from the levy, and the difference in liability has been recovered from other industries in general—that is, smeared across those other industries’ liabilities for levies, so that their levy requirement goes up a little and energy-intensive levies go down. Given that the levies across industry are broadly defined, that amounts to a pretty small addition to levy requirements for most industries, but a fairly substantial reduction in the levy requirement for energy-intensive industries. Going from the 85% exemption down to 0% would, at least in principle, require a further smearing of the difference across industry as a whole so that the difference would be marginally greater than before, but, again, it would perhaps not be an enormous imposition on industries that are energy intensive. I think the Minister can see, however, that people who are on the wrong side of the cliff edge may see it slightly differently.

The new clauses seem to provide for a slightly different mechanism. New clause 54 sets up a levy to fund electricity support payments. We are familiar with how that might be set up, given our discussions about the hydrogen levy earlier in Committee, and it is a similar sort of arrangement. The difference is that nothing in the new clause says how that levy might be raised. As I say, we currently have methods that do not use this mechanism but effectively raise money by socialising the cost across the rest of industry. However, the levy arrangements set out in the new clause suggest that raising the difference could be a wider activity. For example, just as we have found with the hydrogen levy, the new levy could be raised from suppliers. The new clause suggests that suppliers are supposed to make information available to the regulator, so there is at least a suggestion that that is how this levy will be established.

Of course, we cannot say for certain, because the provisions for the levy to be introduced are currently pretty broad; I assume that the relevant matters will be undertaken by regulation. I am pleased to see at least that the relevant regulations will be subject to the affirmative procedure, so we will hopefully be able to discuss them further, in a room similar to this one, at some stage in the future.

At this stage, it would be good to have further clarification on Government thinking as to how the levy will proceed, what it is intended to encompass, how it will be raised and, indeed, whether there will be a sort of counterparty arrangement similar to that for the Low Carbon Contracts Company—although that may not be necessary if the proposition, particularly in terms of exemption from other levies in general, is that costs will be socialised across industry in the same way that previous levy exemptions were. It might, though, be necessary if other procedures are supposed to be put in place to assist energy-intensive industries.

I would like to hear from the Minister about those matters, but I do not have any particular disputes on the question of whether we set up general measures to provide assistance to energy-intensive industries, other than to ask how they are going to work in practice.

[Andrew Bowie]

I thank the hon. Gentleman for his questions. In my opening speech, I set out in some detail exactly how we expect the levy to function. For clarity’s sake, new clause 54 provides the Government with the powers to establish the mechanism to fund the NCC scheme. It will be a levy on all electricity suppliers in the form of the EII support levy. The new clause also provides the powers to appoint an administrator of the levy.

We believe this is a critical step to ensure that energy costs for key UK industries are in line with those in other major economies. The exact workings of the mechanism and how it will work in practice are still being worked through. Obviously, we will update the House when information comes forward and, as the hon. Gentleman said, there will be opportunities to debate these matters further in the future.

As for expanding the number of companies and sectors that are eligible for support through the scheme, a review of the analysis will be carried out in 2026 to ensure that it is supported by stable post-covid and post-EU data, to give us an up-to-date view of the market and to allow us to target those sectors that are most at risk from carbon leakage. The list of eligible sectors will be refreshed accordingly at the point at which we conduct the review of the analysis in 2026.

What do the new clauses do? I already covered that in my speech. The reason why we are making these changes now is, as the hon. Gentleman said, because the question of how we support these industries moving forward is concentrating the minds of many in this country, given the high electricity prices and the cost of decarbonising those industries. We believe that the supported sector will be approximately 300 firms that are the most at risk of carbon leakage due to the high industrial electricity prices.

[Dr Whitehead]

I am listening carefully to the Minister, but I am still not clear about the role of the levy. Are the Government suggesting—I think the Minister is—that the levy arrangement would have a levy-raising body that could raise fresh levies for direct support to energy-intensive industry from suppliers? Or is that body restricted to the forgiveness of existing levies, which currently, or at least residually, are a 15% liability for energy-intensive industries? If it is the latter, is the Minister not perhaps setting out a few hostages to fortune by suggesting that there may be other levies that this levy board, or whatever it is, could raise separately from suppliers? If that is the case—I do not think it is—what is the role of the levy in doing anything separate from what has already happened in terms of the socialisation of levy forgiveness across the rest of the industry? Why is it necessary to set up a levy-raising body separately from that mechanism?

[Andrew Bowie]

At the risk of repeating myself for a third time, I set out in my speech exactly what we expect the levy to do, precisely why we are introducing the powers through the Bill and exactly why it is important that we support these industries, because of the high electricity cost, fluctuating market prices and cost to decarbonise.

On the hon. Gentleman’s specific question, I cannot quite remember which way round he presented it, but I reassure him that there will be no powers for this levy-raising body to introduce further levies on separate sectors, or whatever it was he was suggesting. It was the former argument—it is specifically for the industries and sectors that we have identified in this Bill, and that is it. That is what the levy is designed to do.

[Dr Whitehead]

Forgiveness of the existing levy.

[Andrew Bowie]

Yes.

Question put and agreed to.

New clause 53 accordingly read a Second time, and added to the Bill.

New Clause 54

Levy to fund electricity support payments

“(1) The Secretary of State may make regulations requiring the payment of a levy by electricity suppliers for the purpose of funding—

(a) the making of electricity support payments by virtue of section 1 (including expected future payments);

(b) any other costs arising by virtue of section 1 or this section (including expected future costs).

(2) The regulations may make provision—

(a) about the calculation of the levy;

(b) requiring electricity suppliers to provide financial collateral in respect of their obligations to pay the levy, and about the form and terms of such collateral;

(c) for the issuing of notices to require the payment of the levy or the provision of collateral;

(d) for the provision of copies of such notices to persons specified in the regulations or for the publication of such notices;

(e) about how amounts of levy are to be applied once paid (including provision for amounts to be held in reserve or paid into the Consolidated Fund);

(f) for the recovery of unpaid amounts of levy in the event of the insolvency or default of an electricity supplier (including provision requiring amounts to be borne by other electricity suppliers in accordance with the regulations);

(g) requiring electricity suppliers or the GEMA to provide information that is needed to determine—

(i) what an electricity supplier’s obligations are in relation to the levy, or

(ii) whether an electricity supplier has complied with those obligations;

(h) about the sharing of information provided by virtue of paragraph (g);

(i) for the enforcement of obligations imposed by or under the regulations (including provision about interest on late payments and imposing financial penalties);

(j) about the resolution of disputes, including provision about arbitration or appeals (which may in particular include provision for the person conducting an arbitration or determining an appeal to order the payment of costs or expenses or compensation).

(3) Where by virtue of subsection (2)(i) the regulations provide for the imposition of a financial penalty, they must also provide for a right of appeal against the imposition of the penalty.

(4) The regulations may—

(a) appoint a person, with the person’s consent, to carry out functions in connection with the levy (a ‘levy administrator’);

(b) confer functions on the levy administrator;

(c) require the levy administrator to provide information or assistance to the Secretary of State, or to another person specified in the regulations, in relation to any functions so conferred.

(5) Where—

(a) the regulations impose a requirement on a regulated person (as defined by section 25(8) of the Electricity Act 1989),

(b) the requirement is enforceable by a levy administrator, and

(c) the levy administrator is the GEMA,

the regulations may provide for the requirement to be enforceable by the GEMA as if it were a relevant requirement imposed on the person for the purposes of section 25 of that Act.

(6) The regulations may provide for any sum—

(a) that a person is required under the regulations to pay to the Secretary of State or to a levy administrator, and

(b) that has not been paid by the date required,

to be recoverable from the person as a civil debt due to the Secretary of State or to the levy administrator (as the case may be).

(7) The regulations may make provision about the terms of a levy administrator’s appointment, including provision—

(a) for the levy administrator to be remunerated, or compensated for costs that they incur;

(b) about how an appointment may be terminated by the Secretary of State or by the levy administrator, and when termination takes effect.

(8) If functions of a levy administrator (“the outgoing administrator”) are to be taken on by another levy administrator or by the Secretary of State (“the successor”), the regulations may—

(a) require the outgoing administrator to take steps specified in the regulations to enable or facilitate the carrying out of those functions by the successor;

(b) provide for the transfer of any property, rights or liabilities from the outgoing administrator to the successor;

(c) provide for anything done by or in relation to the outgoing administrator in connection with any property, rights or liabilities to be treated as done, or to be continued, by or in relation to the successor.

‘Property’ in this subsection includes interests of any description.

(9) Regulations under this section may confer a discretion on the Secretary of State or on a levy administrator.

(10) Regulations under this section are subject to the affirmative procedure.

(11) In this section, ‘electricity supplier’ means the holder of a licence under section 6(1)(d) of the Electricity Act 1989.”—(Andrew Bowie.)

This new clause, intended to be inserted in Part 6, empowers the Secretary of State to make regulations imposing a levy on electricity suppliers, to fund the scheme which may be set up by virtue of NC53. It allows for a person to be appointed to administer the levy.

Brought up, read the First and Second time, and added to the Bill.

New Clause 55

Convention on Supplementary Compensation for Nuclear Damage: implementation power

“(1) The Secretary of State may by regulations make such provision as the Secretary of State considers appropriate—

(a) to implement the CSC, or

(b) otherwise for the purposes of dealing with any other matter arising out of, or related to, the CSC.

(2) The provision that may be made by virtue of subsection (1) includes provision that is authorised by the CSC to be made in relation to a particular matter.

(3) Regulations under this section may amend—

(a) Schedule 20,

(b) the Nuclear Installations Act 1965, or

(c) any other enactment having effect in relation to a matter to which the CSC relates.

(4) In this section, ‘the CSC’ means the Convention on Supplementary Compensation for Nuclear Damage (as amended or supplemented from time to time).

(5) Regulations under this section are subject to the affirmative procedure.”—(Andrew Bowie.)

This new clause confers a power to make regulations in connection with the Convention on Supplementary Compensation for Nuclear Damage, including provision to implement the Convention. The regulations may in particular amend the Nuclear Installations Act 1965.

Brought up, and read the First time.

[Andrew Bowie]

I beg to move, That the clause be read a Second time.

The new clause will provide the Secretary of State with the power to make changes to the UK’s domestic implementing legislation regarding the convention on supplementary compensation for nuclear damage—the CSC—if required in future. That power would be implemented through regulations made through the affirmative procedure.

The UK will be the first country in the world to accede to both the Paris convention on third party liability and the CSC. That is inevitably a complex process, and we envisage four different circumstances in which amendments might be needed to our domestic legislation in the future. First, it is crucial that we deliver CSC accession. Certain implementation matters are still to be worked through with the convention countries and industry, and further changes may be needed to the Nuclear Installations Act 1965 after the Bill receives Royal Assent. Secondly, we must enable the UK to accept future amendments to the CSC.

The third circumstance is the exercise of an option under the CSC where there are optional provisions—for example, paragraph 1(a)(i) of article III, which enables a different national compensation amount to be specified to the depository. We would want the ability to make any necessary changes to the Nuclear Installations Act and any other relevant legislation to implement that option.

The final circumstance is dealing with any other matters arising out of, or related to, the CSC. As the first Paris convention country to seek CSC accession, bespoke approaches to implementation may be required. There is precedent for that approach, as the powers are in line with existing powers in section 76 of the Energy Act 2004, which enabled changes to be made for the Paris and Brussels conventions. In short, it would be prudent to ensure that mechanisms are in place to enable effective delivery in the future.

[Dr Whitehead]

I do not have anything to add to what the Minister said. We have discussed similar issues earlier in our debates and I do not think that anything I would say would add to that.

Question put and agreed to.

New clause 55 accordingly read a Second time, and added to the Bill.

New Clause 59

Key definitions for Part

“(1) In this Part—

‘designated person’ means a person in relation to whom a designation under section (Designation)(1) has effect (and any reference to designation, in relation to a person, is to be construed accordingly);

‘designated project’ , in relation to a person, means a hydrogen pipeline project in relation to which the person is designated;

‘gas transporter licence’ means a licence under section 7 of the Gas Act 1986;

‘hydrogen’ means any gas that consists wholly or mainly of hydrogen;

‘hydrogen pipeline project’ means a project involving the construction, alteration or operation of a pipeline for the purpose of the conveyance of hydrogen.

(2) References in this Part to the extension or restriction of a licence are to the giving of a direction in respect of the licence under (respectively) section 7(4) or (4A) of the Gas Act 1986.” —(Andrew Bowie.)

This new clause, together with NC60, NC61, NC62, NC63, NC64, NC65, NC66, NC67, NC68, NC70 and NC71, is intended to form a new Part to be inserted after Part 2. The new clause defines key terms that are used in the intended new Part, which will give the Secretary of State powers to provide for a regulated asset base model for certain licences for the conveyance of hydrogen through pipes.

Brought up, and read the First time.

--- Later in debate ---

[Dr Whitehead]

Taken together, the new clauses provide a fairly comprehensive series of arrangements relating to hydrogen transportation. In particular, as the Minister has outlined, they introduce at least the concept of a RAB to finance the proceedings.

The Minister also said that the undertaking to which a RAB may be applied is potentially huge, and I am sure that he is aware of the complications and problems that can arise in putting a RAB together for something of this size. RABs have been tried for various schemes, but normally much smaller ones. One of the most recent was Thames Tideway, which was a pretty big undertaking, but there was at least an assurance about the purpose of the undertaking, what would happen at the end of it and so on.

The RAB that has been put in place for nuclear development—Sizewell C, to be precise—is an even more complicated beast, because it effectively makes customers liable well in advance of anything being delivered. Indeed, part of the purpose of the RAB is to ensure that funding is raised for the project before it starts. In the case of Sizewell C, there is a lengthy period between the project’s starting and its making any money, so the RAB provides, in that long period, a reasonably secure funding stream that can ensure that the project is completed and energy produced.

In relation to nuclear, one of the arguments for the RAB is that, although the customer will pay more money in the short to medium term, they will get the benefits of cheaper electricity from the operation of the nuclear plant in the long term. I am not entirely convinced by that argument. There is also the issue of the uncertain timeframe during which the RAB applies. If the timescale of a particular nuclear plant falls behind excessively, much greater obligations may be placed on the customer, over a longer period of time, before anything arises. As we discussed in relation to the Nuclear Energy (Financing) Act 2022, a project may not ever come to final maturity, and in the meantime the customer has paid a lot of money. Indeed, exactly that happened with a nuclear power plant in the United States—I think in Cleveland, Ohio—where the power plant never materialised yet customers had paid a lot of money up front for it.

I say that because the RAB that we need to introduce through these new clauses, which I do not oppose, must be carefully circumscribed. We must ensure that the time for which people are liable up front, and the result of the process, are closely monitored. I assume that those arrangements will proceed by secondary legislation and various other means, but it is worth laying down a few methods of procedure for bringing a RAB forward under these circumstances, the way it might work and how we might ensure that it creates value for money in its operation. It would be helpful if the Minister would say one or two things about that in his response.

My other question relates to Government new clause 71. The Minister says in the clause that it enables a sunset time of December 2040 to be specified as the “relevant date”. Actually, it does not attach that relevant date to the rather stark subsection (1) of the clause, which states—without further qualification or clarification—

“The Secretary of State may by regulations repeal any of the preceding provisions of this Part.”

As far as I can see, that means if at any stage—not 2040—the Secretary of State feels that he or she would like to repeal any or all of the preceding provisions in this part, he or she may do so, subject to the affirmative procedure in the House. However, we know how far statutory instruments go in holding anybody to account for anything, so the Secretary of State appears to have the ability to derail the whole process if he or she feels like it, at any stage during its operation. I would think that is a potential red flag to investors in these projects. They can go ahead with their projects and arrangements and put their investment funds in, but the Secretary of State can pull the plug at any time he or she feels like doing so: that is not a terribly reassuring thing to read in a piece of legislation when people are considering investing in hydrogen transportation, in this instance. It would be better to link that power of the Secretary of State more firmly to the sunset clause in subsection (3)—it is in the clause, but not associated with the first subsection of the clause. It may be that other provisions elsewhere that I have not seen link it in, but as it stands, it is a bit of a stark, free-standing thing to say in a piece of legislation.

As we saw recently with the Energy Prices Act 2022, which included similar arrangements for the Secretary of State to do exactly what he or she thought he or she might do at any stage, industry was very upset about those clauses. Indeed, it raised representations about what would happen to its investments and various other things were those clauses to be invoked. I hope we are not looking at a repeat of that, and have rather better arrangements to ensure that in normal circumstances under these provisions, things would be able to run their course and do what we want them to do as far as hydrogen transportation is concerned.

[Andrew Bowie]

I thank the hon. Member for his questions. He is right to draw attention to subsection (1) of new clause 71, which states:

“The Secretary of State may by regulations repeal any of the preceding provisions of this Part.”

But of course we then need to read the second subsection, which states:

“So far as any of those provisions is still in force on a relevant date, the Secretary of State must—

(a) consider whether it is appropriate to repeal that provision, and

(b) if satisfied that it is not appropriate to do so, publish a statement no later than 3 months after that date explaining why not.”

Then subsection (3) states that “relevant date” in subsection (2)

“means 31 December 2040 and each five-year anniversary of that date”—

quite a way to celebrate Hogmanay. Subsection (4) then states:

“Regulations under this section are subject to the affirmative procedure.”

I hope that the hon. Member accepts that although subsection (1) may seem as though it enables the Secretary of State to, in his words, “pull the plug”, the other provisions give relevant security to the industry and, indeed, to any MPs who may be concerned that the Secretary of State might be willing to do so without going through a process that is clear and transparent and that has options. The intention is to enable long-term investment in hydrogen pipelines, supporting it and providing investor confidence that investments in such projects will have a fair return. We intend to maintain clear and open communication with projects, as appropriate, recognising the benefits of certainty and predictability for the industry.

However, to be able to react to unforeseen issues relating to licence conditions and the operation of the RAB, the Secretary of State must retain the ability to modify the licence conditions of a designated person’s gas transporter licence while a designation remains in place. Ofgem, as the independent regulator, retains its overarching ability to change licence conditions within the existing regime.

[Dr Whitehead]

I appreciate what the Minister says about subsection (2) of new clause 71. Indeed, I paid attention to it in my remarks. But I hoped that he would agree—hon. Members might like to look at this new clause again to see whether they do—that subsection (1) does not necessarily attach itself to subsection (2). Subsection (2) states:

“So far as any of those provisions is still in force on a relevant date, the Secretary of State must”

do various things, as the Minister said. It does not necessarily relate to subjection (1). It might do, it might not. Subsection (1) just baldly says:

“The Secretary of State may by regulations repeal any of the preceding provisions of this Part.”

On the question of the provisions that are still in force on a relevant date, that could be after the Secretary of State has taken action to repeal those preceding provisions, so the subsections are not connected in the way the Minister seems to suggest.

[Andrew Bowie]

I dispute that and argue that they are connected. Yes, subsection (1) states:

“The Secretary of State may by regulations repeal any of the preceding provisions of this Part.”

But directly following is subsection (2), which states:

“So far as any of those provisions is still in force on a relevant date, the Secretary of State must”,

and so on—I am not going to repeat that. I think it is quite clear, in the way this has been drafted, that it relates to “repeal…of this Part” in subsection (1) of the new clause.

I can understand that it might be open to interpretation. I am sure that legislators and lawyers years from now will be able to have great fun arguing over exactly what is meant, but to my mind, the Government’s mind and, I think, the mind of right hon. and hon. Members in this room, subsections (2), (3) and (4) relate exactly to what is in subsection (1).

[Dr Whitehead]

We just need to add the word “and” at the end of subsection (1)—a sensible suggestion—then we might be in a much better position.

[Andrew Bowie]

I thank the hon. Member for his suggestion. I do not think that is required, but I do thank him for the suggestion.

Question put and agreed to.

New clause 59 accordingly read a Second time, and added to the Bill.

New Clause 60

Designation

“(1) The Secretary of State may by notice given to a person designate the person in relation to a hydrogen pipeline project.

(2) The Secretary of State may designate a person in relation to a hydrogen pipeline project only if the Secretary of State is of the opinion—

(a) that it is likely to be appropriate for conditions described in section (Scope of modification powers under section (Modification of gas transporter licences by Secretary of State))(1)(a) and (b) to be included in any gas transporter licence held by the person for the purposes of the project (whether or not the person already holds such a licence), and

(b) that the project is likely to result in value for money.

(3) A person may be designated only with the person’s consent.

(4) A designation may not relate to more than one hydrogen pipeline project (but a person who is designated in relation to one project may be designated separately in relation to another).”—(Andrew Bowie.)

This new clause gives the Secretary of State the power, with a person’s consent, to designate the person in relation to a hydrogen pipeline project. Subsection (2) sets out conditions that apply to the exercise of the power to designate.

Brought up, read the First and Second time, and added to the Bill.

New Clause 61

Designation: procedure

“(1) The Secretary of State must publish a statement setting out—

(a) the procedure that the Secretary of State expects to follow in determining whether to exercise the power under section (Designation)(1), and

(b) how the Secretary of State expects to determine whether the conditions in section (Designation)(2) are met.

(2) A duty imposed by subsection (1) may be satisfied by things done before the passing of this Act (as well as by things done after that time).

(3) A designation notice must include—

(a) a description of the hydrogen pipeline project to which the designation relates,

(b) the Secretary of State’s reasons for the designation,

(c) details of any conditions to which the designation is subject, and

(d) the date of the notice.

(4) The Secretary of State must give the GEMA a copy of a designation notice.

(5) The Secretary of State must publish a designation notice, but may exclude from publication any material the disclosure or publication of which the Secretary of State considers—

(a) would be likely to prejudice the commercial interests of any person, or

(b) would be contrary to the interests of national security.

(6) In this section, ‘designation notice’ means a notice under section (Designation)(1).”—(Andrew Bowie.)

This new clause requires the Secretary of State to publish a statement setting out the procedure that is expected to apply in relation to the exercise of the power under NC60. It also sets out procedural requirements that apply to a designation notice.

Brought up, read the First and Second time, and added to the Bill.

--- Later in debate ---

[Andrew Bowie]

We are racing through it this afternoon, Dr Huq.

The power in new clause 72 is specific to the unique role of hydrogen. The Gas Act 1986 regime was primarily designed around natural gas, and was established nearly 40 years ago. The possibility of using hydrogen as part of a major utility is recent by comparison. Although the Government consider it appropriate to use the Gas Act regime for hydrogen, there is inherent uncertainty in the use of a regime designed in a different era for a different type of gas. Given the highly technical and granular approach to regulation set out in the Gas Act, the issue of whether all of its relevant provisions should apply to hydrogen at scale cannot be fully tested without large-scale projects being operationalised. Therefore, any changes that may be needed cannot be put on the face of the Bill. If a problem is identified at the implementation stage, it will need to be addressed swiftly to ensure that projects are not adversely affected and that hydrogen’s role as a key technology for the UK’s net zero ambitions is not put in jeopardy.

This power, therefore, allows the Secretary of State, after consultation with the Gas and Electricity Markets Authority, to modify the Gas Act to remove unforeseen issues in relation to hydrogen production, storage, transport or use. The power is necessary to ensure that the Gas Act, initially designed for the natural gas markets, does not inadvertently prevent the hydrogen economy from being established. The Government consider it necessary to ensure that the deployment of, and significant investment in, hydrogen projects is not wasted as a result of unforeseen technicalities under the Gas Act.

This power is extremely important and is drafted with a very specific purpose and scope. It enables the Secretary of State to make regulations that provide for any provision of the Gas Act not to apply, or apply with modifications, only in relation to the production, transportation, storage or use of hydrogen. It may be used only for the purpose of facilitating or promoting the production, transportation, storage or use of hydrogen.

The new clause ensures appropriate procedural safeguards for a power of this type. There is a consultation duty under subsection (4), and all regulations are subject to the affirmative procedure to ensure that Parliament has appropriate oversight over any disapplication or modification deemed necessary.

Government amendments 168 and 170 are consequential on new clause 72, which provides powers to the Secretary of State to modify the Gas Act 1986 for a specific purpose and scope, as I have just set out. They clarify that the extent is England, Scotland and Wales because the territorial scope of the relevant provisions of the Gas Act is Great Britain.

[Dr Whitehead]

I congratulate you, Dr Huq, on your reading of the previous new clauses. You made their moving and agreeing sound much more interesting than certain other people have done in this Committee. It is rather like reading the football results and finding a surprise result now and again—it always changes slightly. We have further new clauses this afternoon, and I am sure that high standard will be maintained for the rest of our proceedings.

I have nothing further to add to what the Minister said. New clause 72 is a sensible provision and ought to be added to the Bill.

[Andrew Bowie]

I echo the comments of the hon. Gentleman in congratulating you, Dr Huq, on your reading of the new clauses, and welcome his welcoming of this part of the Bill.

--- Later in debate ---

[Dr Whitehead]

The Minister is slightly unwisely saying that this is the most exciting part of the Bill. We know that the provisions are exactly bang in the middle of the Minister’s brief as part of the team at DESNZ, as we now call the Department—although I understand that there are instructions not to call it DESNZ. Quite how we pronounce it, I am unsure; for the sake of the Minister, I will undertake not to sneak DESNZ into Hansard.

The provisions relate to the establishment of Great British Nuclear. As a suite of new clauses, they are unexceptionable and the right thing to do in terms of getting Great British Nuclear off the ground—although, in a sense, Great British Nuclear is already off the ground, as it was launched in March. The provisions therefore underpin the activities of an existing body, rather than a created one. It might be useful to briefly consider what GBN is tasked to do in the first instance.

[Charlotte Nichols (Warrington North) (Lab)]

My hon. Friend has hit on an important point. As chair of the all-party parliamentary group on nuclear energy, one of my concerns is the fact that Great British Nuclear is going to be in DESNZ at all. Does my hon. Friend agree that the Cabinet Office might be a more suitable Department, given that the two biggest issues in the delivery of new nuclear are planning and people, neither of which are under DESNZ’s ministerial purview?

[Dr Whitehead]

My hon. Friend makes an interesting point; were I to cede to it entirely it would lead to great distress on the part of the Minister. Nevertheless, she makes the valid point that the exact placing of Great British Nuclear is one for further consideration. For now, it is starting off in DESNZ.

Let me read again from the factsheet that was given to me when the new clauses were being mooted. Under the heading “What will GBN do?” it says:

“GBN is tasked with facilitating delivery of government’s nuclear programme. Its focus will be to de-risk new nuclear development by co-funding projects at the critical early development stage and acting as an expert adviser throughout the process.

Having launched within the auspices of the current legal framework in March 2023, the first priority for GBN is to lead a competitive process to select the best Small Modular Reactor (SMR) technologies for investment. This commenced in April 2023, with market engagement as the first phase. The second phase—the down-selection process—will be launched in the summer, with an aim to assess and select the leading technologies by autumn. GBN will deploy government funding to support the development of these selected technologies.”

That sounds like a good idea but, as the Minister will be aware, a number of companies are actively engaged in small modular nuclear technology, and some of them are far more advanced than others and only one of them is fully British. Not only are they at various stages of advancement in their processes, but they are pursuing processes in small modular nuclear development that are very different in their size and application.

At one end, we have Rolls-Royce’s proposals for a not very small, not very modular reactor at about 440 MW —that is, about the size of a medium to large gas-fired power station. Then we go down through the sizes of a number of other companies engaged in the process, and not just through sizes but from pressurised water through to molten salt through to thorium. Then, at what we could say is the bottom end, and with probably an entirely different function, there are the proposals by Last Energy. My hon. Friend the Member for Warrington North has had considerable discussion with that company. Last Energy has made quite a lot of advancement at an early stage in procuring potential contracts for its plants, should they be built. It considers that its proposals do not need to go through the generic consenting process because they are small versions of existing pressurised water arrangements, so they could get going quickly and early. Indeed, in the United States, Last Energy has already constructed a number of the modular reactors that will go forward. Most significantly, it says it does not require any Government assistance or funding for its purposes.

As far as I can see, though, all those different companies and technologies of different sizes and applications are being placed, through Great British Nuclear, into a competition to find the best technology. The best technology will win, and the winner will then have Government funding to support the development of the selected technologies. I wonder whether, in the context of some of those companies saying that their technology does not need to be selected for Government funding—they can actually go ahead and do it—the development of the competition in that way might be seen as a brake on the development of small modular nuclear in the UK, rather than an assistance.

We must be careful with the competitive process. If it puts the stoppers on development in certain places because the competition has not yet been realised, the people developing the proposals may well say to themselves, “Actually, this is not a very fast process after all.” They are ready to go and can get themselves developing pretty quickly, but meanwhile they have to jump through the hoops of a competitive process that they do not want to enter, and they may or may not come out as the winner in the end.

I am sure the Minister has a good answer to my concerns. If I were very unworthy, I might suggest that the competition was launched to, among other things, ensure that the Rolls-Royce proposals get a good looking at, bearing in mind that they are not as well advanced as some other small modular nuclear developers’ proposals, and putting them all on the same level means that Rolls-Royce gets to the starting point in a better order than it might have done otherwise. However, I am sure that is a very unworthy thing to say and that that is far from the Minister’s mind.

I would like to know whether the competition will include all technologies or exclude some of them. Or will it be a mixed bag of arrangements whereby those that are able to make progress at an earlier stage than the competition suggests are basically left alone, and the competition does not impede that progress? That does not particularly affect the way GBN is set up as far as the new clauses are concerned. As my hon. Friend the Member for Warrington North said, we have a question about the final placement of GBN, but I do not have any objections or particular concerns about the way it is set up. I have more concerns about what it is going to do in the first instance, and whether that will push small modular nuclear forward or not, depending on how the arrangements are carried out.

Energy Bill [ Lords ] (Fourteenth sitting)

Lord Whitehead Excerpts

Committee stage
Thursday 22nd June 2023 Public Bill Committees

Clause 270 disagreed to.

[Dr Alan Whitehead (Southampton, Test) (Lab)]

On a point of order, Mr Gray. May I ask for clarification of the voting process on clause 271 and Government new clause 52? As I am sure all Committee members are aware, new clause 52 will effectively replace clause 271, with the consent of each side. However, although we will be voting on clause 271 stand part today, we will not be voting on new clause 52 until the end of the Committee’s business. We could therefore conceivably end up with clause 271 being dropped but not replaced by new clause 52. Is it within procedure to retain clause 271 but assume that new clause 52 will replace it in due course, or are there other ways of doing it?

[The Chair]

The hon. Gentleman makes an interesting point, but he is of course not correct.

[Dr Whitehead]

It was a question.

[The Chair]

Well, I am answering the question in that case. The answer is that I will put the Question on clause 271 now and, depending on what the majority decides, it will either remain in the Bill or be removed. At the end of consideration, we will come to new clause 52. If there is a majority for it, it will be added to the Bill. If there is not, it will not. The two are not conditional on each other; they are entirely separate.

Clause 271

GEMA general duties relating to climate change

Question put, That the clause stand part of the Bill.

--- Later in debate ---

[Andrew Bowie]

I now return to part 4 of the Bill, which relates to the independent system operator and planner, or ISOP.

Clause 132 introduces schedule 7. The purpose of the schedule is to empower the Secretary of State to make transfer schemes to create the ISOP and give it the capacity to carry out its functions. As discussed already, the ISOP will be founded on the existing capabilities and functions of National Grid Electricity System Operator and, where appropriate, National Grid Gas. That will require several transactions between Government, National Grid plc and other relevant parties, because the property that the ISOP requires is not currently owned by a single entity. The transfers could include matters such as personnel, IT systems, physical assets, methodologies, models, data, and other resources and inputs used by the existing entities in performing their functions.

Schedule 7 sets out a set of principles, procedures and expectations in relation to the transfer scheme that will help provide clarity to affected parties. For example, it outlines that the Government are required to consult the transferor or transferors when the transfer scheme power is expected to be used. Not all the detail of the scheme can be determined in advance, so the Bill also includes a small number of time-limited powers to make regulations, which include regulations to provide further details to all parties, including third parties, on procedures for agreeing and paying compensation.

Government amendment 19 makes a minor procedural amendment to clause 275, to include the Treasury in the list of persons that can make regulations under the Bill. Amendment 20 clarifies that, because regulations under paragraph 9 of schedule 7 deal with financial matters, they can only be annulled in the House of Commons.

Clause 133 introduces schedule 8, which relates to pensions. As part of the transfer of functions, some employees will transfer into the ISOP. The purpose of the schedule is to allow the Secretary of State to separate the pension arrangements of the ISOP and to provide scope for various forms of reorganisation that may be appropriate in the light of the transfer. That includes making provision for the responsibility for the affected employees’ qualifying pension schemes and protecting the value of their benefits during the transfer. In exercising powers, the Secretary of State must ensure that the arrangements made for each employee’s pension provision is, in all material respects, at least as good immediately after any transfer-related changes are made as they were before that point.

Clause 134 grants the Secretary of State the power to provide financial assistance to the ISOP—that is, to draw on the financial resources available to Government in the kind of circumstances when the existing electricity system operator and gas system operator would have relied on the financial strength of their corporate group to raise capital sums. The Secretary of State will have the power to set conditions on the financial assistance provided, which may include conditions about repayment with or without interests or other return. In the highly unlikely situation that the ISOP faces financial difficulty, the power would also allow the Secretary of State to step in and avoid any disruption to the electricity and gas sectors.

Finally, clause 135 removes the barriers, in section 7 of the Electricity Act 1989 and section 7B of the Gas Act 1986, to payments raised in one sector being used to benefit consumers in the other. It also introduces a provision, in each Act, to expand licence holders’ statutory duties and require them to have regard to the interests of consumers of the other energy sector where directed by their licence. The removal of such barriers is fundamental, because it will enable the ISOP to co-ordinate and ensure strategic planning across the energy sector more effectively.

[Dr Whitehead]

We come to a part of the Bill that we should have discussed a couple of weeks ago: clauses 132 to 139. When we discussed the rest of the business relating to the ISOP, these debates were moved by the Government towards the end of the consideration of later clauses in the Bill. At the time, I thought that was because there was some blockbusting new clause that the Government were thinking of introducing, which was not quite down the slipway at that point. I thought it would appear when we considered the clauses today.

I was disappointed to see that nothing has appeared. There are two Government amendments that were there previously, and nothing in the way of new clauses. I assume the reason for discussing the provisions now—although the Minister may have an interesting explanation up his sleeve—may well be because Ofgem has just produced a consultation—[Interruption.] No, the Minister is shaking his head. In any event, had the Minister consulted with Ofgem about whether it was going to produce a consultation on transfers and various other things, then he would have found that they have produced a consultation, “Funding the transition to a Future System Operator”, which was published today. The Minister will understand that not a great deal of time has elapsed since the publication of that consultation.

That consultation is very relevant to the provisions we are discussing. If the Minister did think the consultation would be published in time, it would have been helpful of him to bring that to the Committee’s attention. Apparently, however, there are different reasons for discussing these provisions later in the Committee cycle than planned.

A headline in Utility Week said the full costs of the transition to a future system operator could come to about £392 million. I read that headline but I am too mean to go behind the paywall of Utility Week to read the rest of the article. I sought out the Ofgem consultation instead and got the full picture. The consultation indicates that this level of cost for the transition is accurate. In clauses 132 to 139, provision is given for the bringing together of the various agencies’ present responsibilities for what would be the new independent system operator. That extends beyond just taking the National Grid ESO away from National Grid and putting it into ISOP. It involves other agencies—the Minister is absolutely right.

In this instance, however, the prime issue of the transition is of course the ESO itself. At the moment and for a long time, the ESO has had a relationship with National Grid involving separation by Chinese walls. It was, in effect, owned by National Grid and so was part of the National Grid family of companies, but over the recent period, since the ESO was set up, its operation has been separated from that of National Grid. Previously, we have discussed the extent to which the Chinese walls were strong enough for what ESO was doing in relationship to what National Grid might be doing—for example, potential conflict on interconnectors, with National Grid owning at least part of an interconnector while ESO was planning for interconnectors overall.

The fact that the separation will take place and that the business of the ESO will be transferred fully into the ISOP is important. That will complete the process of setting up the ISOP properly, so that it can operate fully independently from day one—in Committee, we have expressed strong interest in ensuring that. However, with the Ofgem consultation, the issue of compensation for those transfers arises to some extent. According to the consultation, part of the transfer arrangements relates to transferring personnel across and part to what assets and so on will be transferred. What is not entirely clear in the consultation is also alluded to in the provisions in the group, in particular schedule 7.

Paragraph 8 of schedule 7, headed “Compensation”, appears to start talking about compensation in general terms for, as it were, the loss to National Grid of its ownership of the ESO, as well as of the various things relating to the transfer of assets and individuals. Compensation would be couched in two parts: literally, which desks and pot plants are going over to the ISOP, with personnel and various other things, and what the compensation for that is, presumably; and compensation for the fact that the ESO was part of the National Grid corporate family and no longer will be.

I am not clear whether the provision on compensation encompasses that consideration. If so, what might that consideration be? Do the Government have a figure in mind for compensating National Grid for its losing ESO to the ISOP? Is that facilitated through these clauses or a separate arrangement to be arrived at? In other words, do the clauses deal just with compensation relating to bodies, pot plants and desks, or with compensation more widely?

--- Later in debate ---

[Andrew Bowie]

Inspiration has arrived.

[Dr Whitehead]

Good.

As I was saying, this is potentially important, because the clauses in this part of the Bill relate to the Secretary of State’s ability to provide the ISOP with finance. Will the ISOP undertake the job of providing the compensation due under the clause—presumably it would be provided with money by the Government to do that—or will the Government deal with that separately before the ISOP is set up?

There is also an important point about compensation for the loss of the ESO to the ISOP. It would seem inappropriate for the ISOP to pay compensation to National Grid, given its removal from National Grid in the first place. I therefore assume that other mechanisms will be in place to provide that compensation. If that compensation is paid, there are provisions in the Bill allowing for such payments to be recovered by companies involved in the process in the course of their activities. [Interruption.] I will pause for a moment while the Minister consults his Whip.

[The Chair]

There is no need to pause. Please crack on.

[Dr Whitehead]

This is something I specifically want the Minister to say something about. It is important that we get it right.

Assuming that compensation is given for the loss of the ESO and the companies concerned can recover that, do the Government intend for the ISOP to have a part in the mechanism whereby costs are recovered through standing charges on bills? As the Minister knows, standing charges are substantially made up of a combination of charges for TNUoS and DUoS—transmission network use of system and distribution use of system—and a balancing charge, and, as he and other hon. Members will know, standing charges are increasing substantially as a proportion of our electricity bills. They are now about 25% of our energy bills.

It looks as if the compensation, if it can be recovered by somebody—I assume it could be recovered one way or another by National Grid in its network charges, or by the ISOP in what it eventually contributes to the standing charge—will eventually work its way into the standing charge, and hence on to customers’ bills. That makes it important to understand what the Government have in mind about what compensation should be paid to National Grid for the loss of ESO and its transfer to the ISOP.

It may be that there has been a nice agreement that no one will pay anyone compensation, and National Grid will just hand over ESO to the ISOP. I suspect that is not the case, but I have not seen anywhere—and it is not explicit in the consultation—what the level of compensation might be, who will pay it, how it might be transferred to bills and standing charges, if necessary, and how the process overall might work. It would be helpful if the Minister could give us an understanding of all that. It would certainly enable us to better judge schedule 7, as it relates to the process of how those transfers take place and what their consequences are.

[Andrew Bowie]

On the question of why we have returned to these clauses, I am sorry that I was unable to turn up today with a blockbuster moment for the Committee. I know they were all expecting it and waiting with bated breath. Unfortunately, it is a simple matter of procedure. We temporarily skipped over the remaining clauses in part 4 to ensure that the necessary Ways and Means motion could be agreed by the House. I am pleased to confirm that the resolution was obtained on Tuesday, allowing us—I was expecting a “Hear, hear!”—to continue with clauses 132 to 139.

The Ways and Means resolution was necessary as a result of provisions that confer power on the Treasury to make regulations setting out the way taxes have effect in connection with a transfer of assets from one body to another. It was impossible to proceed with debate on the clauses until the motion was passed by the House. That has now been done, so we can proceed.

On the consultation that was published this morning, I cannot mandate when Ofgem publishes its consultations, so unfortunately that was not a consideration. However, we note that the Ofgem consultation launched today, and I will of course consider it in detail. I am happy to provide hon. Members with more detail in writing should they wish.

The hon. Member for Southampton, Test spoke about transfers. The Bill provides multiple steps for agreement on the value of compensation: first, simple agreement between parties—in this case the Secretary of State, National Grid and the owners of National Gas—secondly, in a situation of non-agreement, the joint appointment of an independent valuer to assess the value of the assets to be transferred; or, thirdly, as a fall-back option, the appointment of an independent valuer by the Secretary of State on behalf of both parties. The framework of considerations to be made by the independent valuer will be set out in regulations to be made under the Bill.

The entire process is an ongoing commercial transaction, so the Government are limited in the extent of the information they can provide at this point, although I recognise the importance of the hon. Gentleman’s questions. I will respond specifically to his point about the standing charge and his worry that that could have an effect on bills. We do not expect costs to rise at all as a result of the establishment of the ISOP. The ISOP will be funded by Government, and its ongoing operations will continue to be supported by funding from the network balancing charges at a level determined through a price-control mechanism, much like the current gas and electricity system operators are. However, we expect the ISOP to enable a long-term reduction in costs compared with the status quo.

--- Later in debate ---

[Dr Whitehead]

I think the Minister just said that he expects compensation to be included in network charges, which means that in the end it will go on standing charges for customers. There will be an effect on customers’ bills.

[Andrew Bowie]

I reiterate that we are not expecting any increase in customers’ bills as a result of the creation of the ISOP. There will be no increase. We expect the ISOP to enable a long-term reduction in costs, so its creation will have the opposite effect on customers’ bills. Future network decisions will be built on the expert and impartial advice of the truly whole-system body that many in the industry and outside it have been calling for for some time.

[Dr Whitehead]

I appreciate that the Minister cannot tell me—presumably because of an ongoing discussion relating to commercial companies—what the compensation for National Grid is likely to be. However, I assume that, in stating that he cannot tell me, he has confirmed that that will be part of the transfer arrangements. I was trying to distinguish between the compensation for pot plants and desks, and compensation for the loss of the ESO by National Grid.

That leads us to an unsatisfactory position in which we do not know how much the compensation will be. Presumably, we have to take it on trust that the Government will be fairly rigorous about ensuring that the compensation is proportionate to the actual loss, but I am not sure how it will be determined. Sorry, Mr Gray, this is a long intervention.

[The Chair]

No, it is a speech. The Minister finished, and therefore the hon. Member is making a speech.

[Dr Whitehead]

Good, I can go on forever then. I was trying to make my remarks as brief as possible in order to accommodate the Minister’s previous comments, so I will just round them off.

We do not know the detail of the procedure for determining compensation, we do not know even what ballpark figure the Government have in mind for compensation to National Grid for the loss of the ESO, we do not know what strategies the Government might adopt in their negotiations on what the compensation might consist of, and we do not know whether there is any process of arbitration if National Grid, for example, thinks that the compensation it receives is not the right amount, or what mechanisms—perhaps under the Bill—would enable the final amount to be determined to the satisfaction of all sides.

We do know that some compensation may find its way on to network charges, one way or another. Therefore, it is important for the economy and the effectiveness of network charges that we at least have a ballpark figure for the sort of compensation that might be considered. If the Government are minded to provide huge amounts of money in compensation to National Grid, that might have an inflationary effect on network charges; if they have a more robust view of what the compensation should look like, that would have a lesser effect on charges. Either way, as I think the Minister will agree, we are in a position of some fog.

As the Bill makes progress we legislate for all this to happen, we still do not have a clear handle on what those procedures will look like or the money that might be involved. I do not know whether the Minister will respond to this speech, but I think that he should be able at least to write to us about the procedure and the arrangements. Ideally, that would include further and better particulars on the range of compensation, while not giving away anything commercially sensitive. Alternatively, he could take His Majesty’s loyal Opposition into a position of trust and get around a table with us to talk these things through, so that, between us, we are clear about how they might proceed.

--- Later in debate ---

[Andrew Bowie]

Clause 136 ensures that when carrying out various functions in relation to the ISOP under the Bill, the Secretary of State and Ofgem must have regard to their principal objective and general duties as defined in the Electricity Act 1989 and the Gas Act 1986. The principal objective of the Secretary of State and Ofgem can be characterised as protecting the interests of existing and future electricity and gas consumers. General duties include promoting effective competition in the energy sector, having regard to security of supply and securing a healthy energy market.

It is relatively common to extend the application of those principles where a new Act gives new, freestanding functions to the Secretary of State or Ofgem. The clause states that the Secretary of State must have regard to the principal objective and general duties when carrying out new functions relating to designation under clause 120 or when making an order that an existing transmission licence becomes the ISOP’s electricity system operator licence.

Clause 137 introduces schedule 9, which contains necessary consequential amendments to the Gas Act and Electricity Act to enable the ISOP and its licensable activities to be integrated into the existing framework of the energy system regulated by Ofgem.

Clause 138 contains provisions on the interpretation of terms used in part 4 of the Bill. I draw hon. Members’ attention in particular to subsection (3), which is intended to make it clear that whenever part 4 includes a proposition about the ISOP’s functions, that is to be understood as applying to any and all of the ISOP’s functions, whether provided by the Bill, by other legislation, or as functions ancillary to them.

Clause 139 concerns the limited regulation-making powers in part 4. Government amendment 18 is consequential on Government amendment 20, which we have already discussed. It ensures that regulations made by the Treasury under schedule 7(9) are not subject to the negative procedure. As these are financial regulations, the intention is for them to be laid before the House of Commons only and approved by the House of Commons alone.

[Dr Whitehead]

These measures are essentially consequential on those we have already discussed. I have no particular comment to make on them other than to say hooray; I am happy to let them go through undiscussed.

Question put and agreed to.

Clause 136 accordingly ordered to stand part of the Bill.

Clause 137 ordered to stand part of the Bill.

Schedule 9 agreed to.

Clause 138 ordered to stand part of the Bill.

Clause 139

Regulations under Part 4

Amendment made: 18, in clause 139, page 122, line 32, at end insert—

“(2) Subsection (1) does not apply to regulations under paragraph 9 of Schedule 7.”

This amendment excludes regulations made by the Treasury under paragraph 9 of Schedule 7 from the provision about negative procedure in Parliament made by clause 139. This is consequential on Amendment 20.—(Andrew Bowie.)

Clause 139, as amended, agreed to.

New Clause 8

Key definitions

“(1) This section applies for the purposes of this Chapter.

(2) ‘Carbon storage licence’ means a licence granted, or having effect as if granted, by the OGA under section 18(1) of the Energy Act 2008 (and references to a ‘licensee’ are to a person who holds such a licence).

(3) ‘Exploration operator’, in relation to a carbon storage licence, means a person who is responsible for organising or supervising—

(a) the carrying on of exploration, within the area within which activities are authorised under the licence, with a view to, or in connection with, the carrying on of activities within section 17(2)(a) or (b) of the Energy Act 2008, or

(b) the establishment or maintenance in a controlled place (as defined in section 17 of the Energy Act 2008) of an installation for the purposes of such exploration.

(4) ‘Carbon storage information’ means information acquired or created by or on behalf of a licensee in the course of carrying out activities under the licensee’s carbon storage licence.

(5) ‘Carbon storage samples’ means samples of substances acquired by or on behalf of a licensee in the course of carrying out activities under the licensee’s carbon storage licence.

(6) ‘Sanctionable requirement’ means a requirement imposed on a person by or under a provision of this Chapter which, by virtue of the provision, is sanctionable in accordance with this Chapter.—(Andrew Bowie.)

NC8 to NC28 and NS1 and NS2 make provision about carbon storage information and samples, and the powers of the OGA, corresponding to the provision made by Chapters 3, 5 and 6 of Part 2 of the Energy Act 2016 in respect of offshore petroleum. They are intended to form new Chapter 4A in Part 2. This new clause defines key terms for the purposes of the intended new Chapter.

Brought up, and read the First time.

[Andrew Bowie]

I beg to move, That the clause be read a Second time.

[Andrew Bowie]

New clause 8 provides the key definitions for the purposes of this new chapter, enabling the effective understanding of all carbon storage information and samples provisions. The powers provided by this chapter specifically support the Oil and Gas Authority, the business name of which is the North Sea Transition Authority, in its role as a regulator of carbon storage.

New clause 9 provides the Secretary of State with the power to make regulations on the retention of information and samples acquired by carbon storage licensees acting under the authority of the NSTA. The provisions will align carbon storage information requirements with existing petroleum licensing provisions, as established in the Energy Act 2016.

The specific type of information and samples that licensees will be required to retain will be set out in regulations. That will be alongside the form and manner in which they are to be retained, the period of retention and the events that trigger the commencement of such requirements. The various exploration, appraisal and monitoring activities that will be carried out on and under the seabed by carbon storage licence holders will yield important information, supporting the NSTA to carry out its regulatory functions.

New clauses 10 and 11 establish requirements for the preparation and agreement of information and samples plans. These are agreements between the NSTA and a carbon storage licence holder that set out what should happen to carbon storage information and samples held by the licence holder before the occurrence of certain carbon storage licence events. Provisions involving information and samples plans were introduced for petroleum licences in the Energy Act 2016. We therefore expect them to provide the same benefits for carbon storage licence events.

New clause 12 establishes provisions for the designation of information and samples co-ordinators, which will monitor compliance with obligations imposed under the new chapter, uphold the requirements of any information and samples plans, and help to protect against the risks of data loss during a licence event. Information and samples co-ordinators are expected to prove a valuable aid in respect of data reporting compliance. That is evident in the instrumental role they currently play in relation to petroleum licensees under the Energy Act 2016.

New clause 13 establishes powers for the NSTA to obtain information and samples collected through carbon storage activities to support its regulatory functions. This includes information and samples held by persons in accordance with regulations made under new clauses 9 and 10.

New clause 14 prohibits the NSTA from disclosing any information and samples it holds in accordance with the powers in this chapter, subject to the provisions of new schedule 1 and the power of the Secretary of State to obtain information from the NSTA in new clause 15. This will provide carbon storage licensees with the reassurance that any information and samples provided to the NSTA in support of their regulatory functions will not be allowed to be disclosed, except in specified circumstances.

New schedule 1 sets out the circumstances in which, to whom, and for what purposes the NSTA can disclose information. This includes providing for disclosure in accordance with regulations made by the Secretary of State that may permit protected material to be published, or made available to the public, after a specified period. The public disclosure of this information after a suitable period of confidentiality will support effective regulation by the NSTA.

New clause 15 provides powers to the Secretary of State to require information and samples held by, or on behalf of, the NSTA. It will align powers for carbon storage information and samples with the equivalent powers established for petroleum information and samples under the Energy Act 2016. This power will be used to enable the Secretary of State to carry out statutory functions, to monitor the performance of the NSTA, or to provide information for the purposes of parliamentary proceedings. Carbon storage licences return to the Government once storage sites have been closed for a designated period, and the Government are liable for any potential future leakage.

I turn now to new clauses 16 to 25. New clause 16 provides the NSTA with powers to issue sanction notices to persons who fail to comply with the requirements imposed on them under this chapter of the Bill. Such sanction notices can be in the form of an enforcement, a financial penalty, a revocation or operator removal notices. New clauses 17 to 20 make the necessary provisions for each of those types of notice. Importantly, new clause 21 places a requirement on the NSTA to issue a sanction warning notice ahead of any sanction notice that it proposes to issue under the powers established in new clause 16.

New clause 22 establishes that the NSTA may publish details of any sanction notices issued under new clause 16, including details of any sanction notice that is cancelled or withdrawn. New clause 22 also provides that the NSTA may not publish information that it considers to be commercially sensitive, not in the public interest or otherwise inappropriate to publish. New clause 23 places a restriction on the NSTA issuing more than one sanction notice in respect of the same contravention. New clause 24 provides the NSTA with the power to withdraw any sanction notices issued. Finally, new clause 25 enables the NSTA to require specified documents or information to support an investigation into whether a sanction notice ought to be provided under new clause 16.

New clause 26 introduces new schedule 2 to the Bill. Alongside new schedule 22, new clause 26 provides for an appeal to be made to the first-tier tribunal against any decision made by the NSTA. This is in relation to the NSTA exercising its new power to require carbon storage information samples. As I am sure Committee members will agree, the right of appeal for licence holders is a necessary and important part of conferring new regulatory powers on the NSTA.

New clause 27 will require the NSTA to determine and publish the procedure it proposes to follow in its decision making when issuing a sanction notice under new clause 16, which ensures public transparency in how the NSTA will enforce the sanctionable requirements and provides clarity for licence holders in respect of the NSTA’s procedures.

Finally, new clause 28 provides definitions to aid the interpretation of the provisions relating to carbon storage information samples detailed in this chapter. The definitions cross-reference the relevant existing legislation where appropriate.

[Dr Whitehead]

This group consists primarily of new clauses that the Government introduced. A substantial number of new clauses relate to the very sensible business of securing samples and various other things that can be of use in the regulation of the process and quality control, and in various other things relating to carbon capture and storage activity. So far, so good. These are certainly sensible clauses that establish arrangements for disputes and various other things, such as sanctions for when samples are not properly provided and so on—all good stuff.

However, there is an important point about the collection and retention of samples, as set out in the factsheet, which was subsequently published, that the Minister kindly provided me with when he said he intended to produce these new clauses. By the way, the factsheet refers to the NSTA, but the legislation refers to the OGA—again, maybe that is something we can discuss later. The Government say:

“We are legislating to provide the NSTA with appropriate powers to require carbon storage licensees to retain and report information and samples gathered as part of activities associated with the geological storage of carbon dioxide, and to enable the NSTA to publicly disclose this information after a suitable confidentiality period.”

I understand and appreciate the need for a suitable confidentiality period, but it is really important that the samples and data collections are available publicly for the greater benefit of the sector as a whole, in terms of its future development of carbon capture and storage. Government new clause 14 has a fairly fierce title: “Prohibition on disclosure of information or samples by OGA”. It effectively prohibits disclosure except under slightly unclear circumstances set out in new schedule 1, which states that the material may nevertheless be published and put into the public domain, but there is no real definition of how that may be done.