Energy Company Licence Revocation

Amber Rudd Excerpts

Wednesday 3rd September 2014 Commons Chamber

[The Parliamentary Under-Secretary of State for Energy and Climate Change (Amber Rudd)]

As usual, we have had a wide-ranging debate on energy issues. In the short time available to me, I shall deal with as many as possible of the points that have been raised.

First, let me refer to the motion itself, starting with the facts. Ofgem has issued fines or obtained redress in 39 cases; £55 million-worth of fines have been imposed, and nearly £60 million-worth of redress has been obtained. That amounts to a total of £115 million. Under the last Administration, in the eight years following the establishment of Ofgem in 2001, the regulator took enforcement action in just 10 cases. Since 2010, Ofgem has taken action in 29 cases, levying fines amounting to £50.9 million and forcing suppliers to provide nearly £60 million in redress for consumers who have been harmed. Only today, it announced that EDF would pay £3 million to benefit consumers following complaints of mishandling.

The right hon. Member for Don Valley (Caroline Flint) and her colleagues may suggest that that is evidence of increasingly poorly behaved energy companies. I believe it demonstrates that we now have a regulator which, in the last few years, has been increasingly prepared to take action when action is required. It is noticeable that nearly 80% of the total amount of money being paid by suppliers directly to consumers who have been harmed by their actions has arisen from cases settled since 2013. It is no coincidence that it was in the Energy Act 2013 that we gave Ofgem powers to require energy suppliers to make such payments. For the first time, payments are being made directly to consumers. That contrasts with Labour’s failed voluntary approach, which did not support consumers in the same way.

Ofgem now has the ability to prevent suppliers from taking on more customers until they have cleaned up their act, an approach that it used most recently to force npower to improve its billing performance. Following the action that we have taken, we have a tough independent regulator which is willing to act to protect consumers against badly behaved energy companies.

The Opposition ask, “Why not give Ofgem powers to revoke licences when companies repeatedly breach the terms of those licences?” It would be right to give such additional revocation powers only if we would be prepared to back their use by the regulator in the circumstances set out in the motion. Nothing that has been said today has convinced me that the right hon. Lady and her team fully understand the consequences of a licence revocation. Someone would need to take responsibility for the suppliers’ consumers. That could be one of Labour’s big six, taking them on as a whole, but whichever we chose, we would be handing it a huge increase in its customer base without its having to compete.

[Caroline Flint]

Is the Minister aware that the regulator can currently revoke a licence if, for example, a fine is not paid, if a final order is not complied with, or if a company goes into administration? There are already procedures allowing a trade sale to take place and other suppliers to be found. Why can revocations not be applied when there is repeated evidence of harmful and abusive behaviour towards customers?

--- Later in debate ---

[Amber Rudd]

That is an interesting point and one that, in a sense, we have explored earlier, in relation to the terms on which a revocation would take place. However, what worries me about the right hon. Lady’s proposal—which my right hon. Friend the Secretary of State has called the “nuclear option”—is that it is sudden and dramatic, and would have a very bad effect on consumers. What worries me is that she is being cavalier with consumers. She will be handing one of the big six an increase in its customer base without its having to compete, and with very little notice. That is the problem. If she has answers to some of those questions, it is disappointing that she has not set them out.

[Caroline Flint]

rose—

[Amber Rudd]

I am going to proceed with my speech. [Interruption.] Unlike the right hon. Lady, I have only 10 minutes in which to conclude my speech, and I am going to continue.

An alternative would be to split the portfolio between suppliers, but deciding who would get which segment of the portfolio would be a time-consuming process and, again, would raise significant competition issues. And what about the impact on individual consumers? Leaving them on their same tariff is not likely to be workable under the limited tariff rule—and we should remember that we now have just four, not the 400 we had under Labour. Putting them on a deemed contract, however, could lead to an increase in their bills; and allowing businesses to keep their same contracts may not be compatible with their new suppliers’ business model. Our concern, therefore, is that the overall result of a licence revocation—the so-called nuclear option—is, at least in the short term, likely to be reduced competition and higher bills for consumers. That is why Ofgem only has the powers to take such a step in the most serious cases. What we do not want is Labour’s knee-jerk simplistic solutions. This Government are instead focused on taking real actions that will make a difference.

[Dr Whitehead]

Will the hon. Lady reflect on the fact that earlier this afternoon the Secretary of State said this could be done, that there was a nuclear option and that it could be undertaken? The hon. Lady is now saying that if what the Secretary of State said could be done was done, it would have terrible harmful effects and therefore should not be done. Does she not see some contradiction in that position?

[Amber Rudd]

I am happy to clarify that for the hon. Gentleman. The current set-up is that there is an option for the licence to be revoked, but it happens over a much longer period and is likely to take longer. The concern I have over this proposal is that it is a nuclear option that would be so dramatic that it would impact deleteriously on consumers. [Interruption.] The right hon. Member for Don Valley asks how I know that, but she has not made the case to the contrary; that is the concern I have.

We have strengthened the powers of the regulator. I have already mentioned the Energy Act 2013 powers that enable Ofgem to require suppliers to compensate directly consumers harmed by their actions. We shall also be giving Ofgem the power to send to jail people found guilty of energy market abuse or manipulation, in the same way as those who manipulate the financial markets face criminal sanctions, but the effective markets we need to deliver for consumers are not just achieved through enhancing the powers of the regulator. The Government believe that vigorous competition in the energy markets is the best way to sustain downward pressure on prices and deliver a better deal for consumers. I say that this is the Government’s view and I want to reassure the hon. Member for Southampton, Test (Dr Whitehead) that we cannot get a cigarette paper between me and my colleague the Secretary of State. We are agreed on the need to oppose this motion. We know what we are doing, and I am sorry to hear that the hon. Gentleman felt the Secretary of State was putting an argument he did not believe in, but I want to reassure the hon. Gentleman that we are agreed on this.

The hon. Gentleman endeavoured to clarify the circumstances in which the nuclear option could be required by referring to the legal document, but he decided to take issue with the Secretary of State’s interpretation—an interpretation he will not be surprised to hear that I support. As with his colleagues, however, we did not hear an example of when this nuclear option would be required, and I feel this was the weakest part of what we heard from the Opposition in general.

My hon. Friend the Member for Monmouth (David T. C. Davies) made some important and interesting comments about energy prices. I would like to reassure him about smart meters. I say to him, “Have no fear” because our smart meter programme is part of helping consumers reduce their usage and be in control of their spending and, ultimately, of bringing lower prices.

[David T. C. Davies]

If that is the case, why are the Government having to sell this? They do not have to sell other services to consumers, so if smart meters are a good idea, why not let the consumer decide whether they want them?

[Amber Rudd]

It is always partly carrot and stick, is it not? We have to make clear to consumers what the opportunity is; otherwise, they are going to be reluctant to change. However, I am sure that we can, and I hope to win over my hon. Friend’s support in due course.

The hon. Member for Llanelli (Nia Griffith) spoke about her concerns for consumers, and she has done so on many occasions. I am just concerned that she feels so strongly about this one motion and feels that the proposal would be a silver bullet to sort out the problems for consumers. I cannot share her view.

It was a pleasure to hear from my hon. Friend the Member for Warrington South (David Mowat), who is very experienced in the market in general. He made the point that the Opposition’s proposal, although worthy of consideration, completely fails to convince because it has no example and therefore no factual base. In his focus on lower prices for consumers, he pointed out we have the lowest gas costs in Europe. He demolished Labour’s energy policy with particular focus on how it lets consumers down.

The hon. Member for Bolton West (Julie Hilling) again focused her rationale on the Labour proposal as though it were some sort of silver bullet to rectify the entire market. We are taking action to rectify that market and we are making progress. She insists that this power is needed while failing—as did her fellow Labour Members—to give an example of which company would be liable to this nuclear option and why.

I was delighted to hear from my hon. Friend the Member for South Derbyshire (Heather Wheeler) who made a powerful speech, as always, about the importance of investment in energy in her constituency, and expressed her concern that this Opposition proposal is gesture politics and would undermine crucial investment that we are securing from international investors.

The hon. Member for Middlesbrough South and East Cleveland (Tom Blenkinsop) chose to comment on the difference between our parties regarding regulation. I cannot let that pass. He had the temerity to refer to the regulation of the banks in 2007. The banks were regulated by the Bank of England for decades until Labour’s tripartite arrangement, which was an unmitigated disaster. If the House needs evidence of the results of Labour’s regulation, it need look no further than the banking crisis. The hon. Gentleman was also wrong on fuel poverty, which is falling, and wrong on the support that we are rightly giving to consumers.

[Gregory Barker]

First, may I congratulate my hon. Friend on a fantastic debut at the Dispatch Box? She is going to make a great Minister. She is also absolutely right to draw the House’s attention to Labour’s knee-jerk reaching for regulation. We on this side of the House are committed to helping the consumer by creating dynamic competition and crowding in disruptive new entrants, whereas Labour will always reach for the red tape and regulation that are anathema to the real interests of the consumer.

[Amber Rudd]

I thank my right hon. Friend for his remarks. I am delighted to be following on from the good work that he has done.

It is good news that our work to break down barriers to entry in the retail energy market in order to create greater competition has resulted in an unprecedented number of suppliers operating in that market. Since May 2010, 12 new companies have entered the market, challenging the status quo, competing hard with the large established players and offering choice to consumers. During this period, more than 2 million electricity customers have switched to independent suppliers. The big six bequeathed by Labour are being replaced by the new challenger companies. We are driving competition in the market, and delivering more choice and a better deal for consumers. In 2010, there were just seven independent suppliers, all of which had fewer than 50,000 customers. Now, there are four independent suppliers with more than 250,000 customer accounts each, compared with zero in 2010. In that year, the share of the market held by the independents was around 1%, but it now approaching more than 7%.

We know that competition is not working as effectively as it should be, which is why we commissioned the first ever assessment of competition in energy markets from the competition authorities. It is also why we support the subsequent decision of Ofgem, based on a thorough, evidence-based assessment, to refer the energy markets to the Competition and Markets Authority. Tackling concerns about competition through a formal reference process undertaken by the expert authority will provide consumers, companies and investors with confidence that the process will be evidence-based, fair, transparent and free from political interference.

This Government are taking real action to make a real difference to hard-working households and businesses. We will continue our work to identify and address barriers to entry and growth, and to provide the right environment for the investment needed for the future. We will continue to build on the reforms that are already giving people a better deal on their energy bills. These include taking about £50 off average household bills, and introducing faster, easier switching and simpler tariffs and bills. We will allow the expert competition authorities to undertake their forensic examination of the energy markets. We must insist that reform of the market is driven by facts. We will not resort to the knee-jerk responses that we so often see from an Opposition seeking a headline. This motion epitomises such a response, but it would fail consumers, fail the market and fail in what it sets out to do. The Opposition have failed to make any sort of case in support of the motion, and I urge the House to resist it.

Question put.

The House proceeded to a Division.

[Madam Deputy Speaker (Dame Dawn Primarolo)]

I ask the Serjeant at Arms to investigate the delay in the No Lobby.