Energy Bill [Lords]
Debate between Alan Whitehead and Lord Jackson of Peterborough
Dr Whitehead
The right hon. Gentleman might have jumped the gun in respect of the point he wanted to make about the effect of the proposed closure, but it is a different point from the one I am making about the closure. My point is that we stand in danger not only with respect to investor confidence, investor certainty or other considerations about what investors should do, which I shall come on to in a minute, but in respect of what we do, potentially exposing this House to legal action. Although the Government will have closed the renewables obligation administratively, they will not have closed it legislatively. There could be difficulties if discussions here and in the other place mean that the Bill receives Royal Assent after 31 March 2016.
Mr Jackson
I hear what the hon. Gentleman is saying, but is there not an issue of fairness and social equity here? He is making a special plea on behalf of the renewables companies for what is effectively a de facto fiscal payment from some of the poorest consumers who are in fuel poverty to those individuals and those companies. Is that not the bigger issue, not least when we also have an electoral mandate to carry through this policy, as the hon. Gentleman is well aware?
Dr Whitehead
I shall come on in a few moments to the question of whether the Conservative party has an electoral mandate to carry through this particular policy. This is not the point I am making right now. My point is that we stand in some danger of making legal action available to those who do not want this RO to be closed. The hon. Gentleman might like to reflect on the fact that if there is a mandate, it is to get on and do it, but to do it properly, not incompetently, so that exposure to legal action can be avoided. The point about the fact that the RO is here, has been here for quite a long time and, as the legislation states, will continue until 31 March 2017—unless someone does something to stop that—is that, in principle, if no one does anything to stop it by 31 March 2016, then claims can still be put forward for receipt of an RO after that date, because that is what the legislation says. Although I do not think that in practice very many people would venture to seek certification of an RO after 31 March 2016 if we are still discussing this in the House, that possibility is nevertheless open.