Andrea Leadsom
Main Page: Andrea Leadsom (Conservative - South Northamptonshire)
Philip Boswell
Onshore wind is one of the most inexpensive forms of renewable energy, and it is therefore critical to maximise its input into a renewable energy solution across the UK to enable Scotland and the rest of the UK to meet our climate change targets.
Closing the RO early puts in jeopardy £3 billion-worth of onshore wind investment in Scotland alone for a forecast 30p saving in energy bills. This is a false economy because £3 billion of onshore wind investment equates to 63 million tonnes of CO2. That is from DECC’s own analysis and represents a missed opportunity both economically and in terms of hitting climate change targets.
I spoke at length in Committee on the grace periods and the importance of getting them right, so I will not labour the point here. However, it is important that they are fair and do not disadvantage projects which, through no fault of their own, fall through the crack owing to early closure of the RO.
My hon. Friend the Member for Aberdeen South (Callum McCaig) and the hon. Member for Southampton, Test (Dr Whitehead), who is no longer in his place, spoke eloquently about the real and very difficult deterioration in investor confidence caused by the early closure of the RO. Now that that is proceeding, it must be done fairly and with a view to the critical part that onshore wind plays in the overall energy solution for the UK. We must keep the lights on, which is why we intend to press amendment 8 to a Division.
The Minister of State, Department of Energy and Climate Change (Andrea Leadsom)
Before dealing with other proposals, I would like to speak to Government amendment 50. As I made clear during our last debate on this issue, I would like to see an equivalent approach taken right across the UK to the early closure of the renewables obligation to onshore wind, to provide consistency to industry and to protect consumer bills. Amendment 50 relates to clause 81—the backstop power regarding Northern Ireland.
In Committee, I introduced a clause with a view to protecting consumers in Great Britain from the costs of any additional support that Northern Ireland may decide to provide to onshore wind. I remind hon. Members that the clause received considerable support at that stage and that it is a backstop power—this is to say, it is intended to be exercised only if Northern Ireland decides not to close the Northern Ireland renewables obligation scheme to new onshore wind on equivalent terms to those in Great Britain.
The new amendment simply clarifies the drafting of the clause to ensure consistency with the provisions relating to the early closure of the renewables obligation in Great Britain by making it clear that the power in clause 81 extends to capacity added to existing onshore wind stations, as well as to new stations. I should highlight that the intent behind the clause has not changed at all.
I thank all hon. Members for their comments on the non-Government provisions. A number of them—specifically amendments 1 to 21, tabled by the hon. Member for Coatbridge, Chryston and Bellshill (Philip Boswell)—were discussed in some detail and at length in Committee. As far as I can see, the amendments have not changed at all since we last discussed them. Following our agreement not to include them then, the hon. Gentleman has tabled them here once again.
To ensure clarity for hon. Members who did not attend the Committee debates and to move forward with this debate, and indeed the Bill, I am happy to set out the Government’s position again. I will first remind hon. Members of the intended effect of clauses 79 and 80. Clause 79 implements the early closure of the renewables obligation to new onshore wind in Great Britain. Clause 80 sets out the grace period conditions under which certain projects may continue to accredit beyond the early closure date.
Let me be clear: the Government remain committed to delivering our manifesto pledge to end new subsidies for onshore wind, and I am grateful to my right hon. Friend the Member for Wokingham (John Redwood) and my hon. Friend the Member for Daventry (Chris Heaton-Harris) for the clear support they expressed. The Government are, however, also conscious of the need for industry certainty. Therefore, in response to the question from the hon. Member for Southampton, Test (Dr Whitehead), I would like to make it clear that, if Royal Assent for the Bill goes beyond 31 March, the Government intend the provisions to come into force from the date of Royal Assent and do not intend to backdate them. I reiterate that there is absolutely no change to our commitment to end new subsidies for onshore wind, and our actions have shown that we will be tough on subsidies to keep bills down for families and businesses.
Onshore wind has deployed successfully to date. Based on our analysis, and taking early closure of the renewables obligation into account, we still expect the deployment of onshore wind to fall within our electricity market reform delivery plan projections of 11 to 13 GW by 2020. That is our best estimate of what is needed to meet our 2020 targets and of what is affordable under our low-carbon spending cap.
When we announced early closure on 18 June, we made it clear that it was appropriate to curtail further deployment of onshore wind, balancing the interests of onshore wind developers with those of the wider public. As I explained in our earlier debates, the grace period conditions in clause 80 were developed following extensive stakeholder engagement and have been designed specifically to provide certainty and clarity for industry. In particular, we engaged in detail on the core grace period conditions, referred to as the “approved development condition” in the Bill. This requires projects wishing to accredit under the RO beyond 31 March 2016 to provide evidence that, as of 18 June 2015, they had, first, relevant planning consents; secondly, a grid connection offer and acceptance of that offer, or confirmation that no grid connection is required; and thirdly, access to land rights.
Following further industry engagement and analysis by my Department, the Bill’s provisions have been improved in a number of ways: first, to capture those projects that had a planning application refused on or before 18 June 2015, or where the relevant planning authority failed to determine a planning application where a decision was due by 18 June 2015, and which are then subsequently granted consent on appeal; secondly, to introduce an “investment freezing condition” allowing certain projects that qualify for the grace period an additional nine months in which to accredit where they have been unable to secure debt funding due to legislative uncertainty; and thirdly, to provide that the existing grid and radar grace period will continue to be available so that projects that have suffered delays outside their control in this area will have a further 12 months in which to accredit.
Let me take a moment to reflect on the important point about investor confidence. The Government believe that the early closure and grace period provisions that we have presented within the Bill strike the right balance between protecting investor confidence and ensuring our ability to control costs under the levy control framework.
Jonathan Edwards
The Minister has outlined the criteria for closing the scheme. Does she share my concern that in Wales this has created some difficulty in understanding which schemes will now fall outside the RO and which will fall within it, because in Wales the generation applications and infrastructure applications come separately, whereas in England they come together in the same application?
Andrea Leadsom
I am grateful to the hon. Gentleman for making that point, but I think that our grace periods are absolutely clear, and that developers who have sought clarity have been able to get it from the words in our debates and in the Bill.
Investor confidence seems to be the main reason used to support further changes to the grace periods, as proposed in the amendments from the hon. Member for Coatbridge, Chryston and Bellshill and in many of the other amendments that have been tabled. The Energy and Climate Change Committee’s inquiry into investor confidence concluded earlier this year. I want to reflect on one point in particular that was raised during the Committee’s very thorough evidence sessions. The evidence given by Peter Dickson from Glenmont Partners suggested that
“investments continue to attract capital in the UK—for example in offshore wind”.
Far from Government policies putting investors off investing in renewables in the UK, in fact it seems that significant investment is still coming forward.
I thank my hon. Friend the Member for Daventry, my hon. Friends the Members for Peterborough (Mr Jackson) and for South Cambridgeshire (Heidi Allen), and my right hon. Friend the Member for Haltemprice and Howden (Mr Davis) for raising with me the important issues around visual, amenity and noise impacts from onshore wind farms and the impact that they can have at local level. I can confirm that our manifesto commitment specifically called for a halt to the spread of onshore wind farms and a change in the law so that local people have the final say on wind farm applications. We are making sure that people’s concerns are addressed. Specifically, the Government are considering measures related to noise and amplitude modulation. We touched on this matter in Committee. As I said then, we are determined to address this and find a solution to the problem. This is possibly taking longer than my hon. Friends would like, but we are taking independent advice and will consider how best to act in the light of that advice, which I expect to receive shortly. At this stage, I cannot comment further, but I hope that my hon. Friend the Member for Daventry will continue to be patient with me in the knowledge that we are looking at this very closely.
On new clause 2, tabled by the hon. Member for Aberdeen South (Callum McCaig), it is imperative that the early closure applies consistently across Great Britain in order to protect consumers from the risk of over-deployment beyond what has been agreed is affordable under the levy control framework. The new clause would allow Scottish Ministers to provide for further deployment of onshore wind in Scotland under the renewables obligation at a cost to consumers right across Great Britain. In fact, our estimates show that in 2015-16, £520 million, or approximately 60%, of RO support will already go towards funding Scottish onshore wind farms, even though only about 10% of UK bill payers are in Scotland.
The hon. Gentleman tabled the new clause in Committee at the beginning of February, and at that time we discussed the question of Scotland being willing to take responsibility for funding its own renewables obligation. During the debate, the hon. Member for Coatbridge, Chryston and Bellshill expressly responded to that suggestion:
“The short answer to that is no.”––[Official Report, Energy Public Bill Committee, 2 February 2016; c. 133.]
I cannot imagine that his position has changed in the brief period since that debate.
Jonathan Edwards
Further to my previous intervention, is the Minister in a position to inform the House and my constituents whether the Brechfa West project in my constituency will be eligible for the RO? It had generating planning permission but not infrastructure planning permission. Despite my requests to the Department and to Ofgem, nobody can tell me or my constituents whether the Brechfa West project will be able to claim the RO.
Andrea Leadsom
As I have said to the hon. Gentleman, I think our intentions are clear from words spoken in this Chamber and in the Bill Committee. I will certainly look into the case he mentions, but I do not have the information that he is looking for right now.
Amendments 24 to 46 are all intended to delay the early closure of the RO until 1 March 2017, closing it only one month earlier than the original closure date of 31 March 2017. It is therefore my understanding that the hon. Members who have tabled the amendments want the RO to close to onshore wind only a month earlier than planned, while maintaining the grace period provisions set out by the Government. Clearly, such a change would not meet the objectives of the early closure policy, which I have consistently set out in debates on the Bill and have explained again today. To change the early closure date to 1 March 2017 would go against the intentions of our manifesto commitment, and would be likely to make no reduction to overall deployment or costs under the levy control framework.
I remind hon. Members that those limits have been set for a crucial reason. As my right hon. Friend the Secretary of State set out in a speech in November last year:
“We can only expect bill payers to support low carbon power, as long as costs are controlled. I inherited a department where policy costs on bills had spiralled. Subsidy should be temporary, not part of a permanent business model.”
I remind hon. Members again that the Government have an electoral mandate to deliver on our manifesto commitment to halt the spread of onshore wind, and that is exactly what the clause is intended to do. However, the Government are mindful of the need to protect investor confidence and to take into account the interests of the onshore wind industry. That is why we have set out grace period provisions, which appear in clause 80.
I believe that I have consistently explained that the Government have an obligation to protect consumers from the risk of over-deployment of new onshore wind and rising energy bills. The date changes proposed in the amendments would simply put us back to where we started, providing no protection for consumers and putting us at risk of deploying up to 7.1 GW of additional onshore wind, which is well beyond what the Government have decided is affordable under the levy control framework.
To conclude, I stress the importance of swiftly moving forward with the proposals. I again quote the hon. Member for Coatbridge, Chryston and Bellshill, who said in Committee on this very issue:
“We agree that swift passage of the Bill with clear and consistent RO grace period provisions is needed in order to provide certainty to investors in the onshore wind sector as quickly as possible.”––[Official Report, Energy Public Bill Committee, 2 February 2016; c. 127.]
Clear and consistent provisions are exactly what the Government are attempting to provide, and we need to be able to move forward with the debate to do so.
Callum McCaig
I beg to ask leave to withdraw the clause.
Clause, by leave, withdrawn.
Clause 79
Onshore wind power: closure of renewables obligation on 31 March 2016
Amendment proposed: 24, page 46, line 20, leave out “31 March 2016” and insert “1 March 2017”.— (Dr Whitehead.)
This amendment and amendments 25, 26, 40, 41, 42, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38 and 39 have the effect of closing the Renewables Obligation for onshore wind a month earlier than the original date set out in the Statutory Instrument: Renewables Obligation Closure Order 2014: 2388, rather than a year earlier, as the Bill does in its present form.
Question put, That the amendment be made.
Paul Blomfield (Sheffield Central) (Lab)
I shall speak briefly in support of new clause 11, to which I am delighted to have added my name, and I pay tribute to my right hon. Friend the Member for Doncaster North (Edward Miliband) for the amendment, the consensual way in which he has built the discourse around it, and the work that he did as the country’s first Secretary of State for Energy and Climate Change.
Climate change is an issue on which all of us have been lobbied by many groups. Most strikingly for me, I was lobbied last year by a group of students from Notre Dame school, a secondary school on the edge of my constituency, who came to Westminster to make the point that their generation was conscious of the consequences they would face if our generation failed to act. It is an incredibly powerful point, but our responsibility goes beyond the immediate generation.
A report published only last month in the journal Nature Climate Change pointed out that much of the discourse has been focused on the consequences of failing to act by the end of this century. Looking beyond that, the problems are even more serious. According to one of authors,
“We are making choices that will affect our grandchildren’s grandchildren and beyond.”
He continued:
“We need to think carefully about the long timescales of what we are unleashing.”
That was Professor Daniel Schrag from Harvard University.
The need to act, and to act more ambitiously, has never been clearer. The agreement of the Paris summit is a step forward, but as last month’s report highlighted, even if global warming is capped at Governments’ target of 2 oC, which is already seen as difficult, 20% of the world’s population will eventually have to migrate away from coasts swamped by rising oceans. Cities including New York, London, Rio de Janeiro, Cairo, Calcutta, Jakarta and Shanghai would all be submerged. We have seen the struggle to grapple with the refugee crisis that has grown over the last couple of years, a crisis driven by war in one country and a number of other related conflicts. Imagine for a moment what we will face if 20% of the world’s population is forced to do what people have always done when their homes become uninhabitable—to move to somewhere better.
So we need greater ambition and a greater sense of urgency. That is provided by new clause 11. In the words of Professor Thomas Stocker from the University of Bern, one of the other authors of the report:
“The actions of the next 30 years are absolutely crucial for putting us on a path that avoids”
the worst outcomes
“and ensuring, at least in the next 200 years, the impacts are limited and give us time to adapt.”
The reservations that the hon. Member for Aberdeen South (Callum McCaig) expressed in his comments on the new clause are taken into account in the careful and thoughtful way that the clause has been drafted and the role that it provides for the Committee on Climate Change. What we need is the ambition embodied in the clause. As my right hon. Friend said, we did it with the Climate Change Act 2008, passed with all-party support, which sent a signal to the world. We can do that again; we cannot afford not to. The future is bleak if we do not cut our emissions further than Paris suggested.
The role that the new clause proposes for the Committee on Climate Change is important for the robustness of that ambition and its workability. I am pleased to hear the constructive engagement that there has been between my right hon. Friend and the Secretary of State. I hope that in her comments later we will hear that together we can move forward on the issue.
Andrea Leadsom
Government amendments 48 and 49 add the relevant provisions of the Oil Taxation Act 1975 and the Corporation Tax Act 2010 to the legislation listed at clause 2(6), which contains the Secretary of State’s relevant oil and gas functions. This ensures that the functions provided for by these Acts fall within the definition of “relevant functions” and can be transferred from the Secretary of State to the Oil and Gas Authority by regulations made under clause 2(2).
Schedule 1 to the Oil Taxation Act 1975 and chapter 9 of part 8 of the Corporation Tax Act 2010 contain the important oil and gas functions of determining oil fields and cluster areas, respectively. These functions form the basis of oil taxation. Petroleum revenue tax is applied by determined field, and allowances are given by cluster area to reduce the amount of profits to which the supplementary charge is applied. Both of these are functions currently undertaken by the Oil and Gas Authority in its capacity as an Executive agency, and are fundamental to our tax regime and to incentivising investment. These amendments are technical in nature and simply seek to put it beyond doubt that these key functions can be transferred to the OGA once it becomes a Government company, as we have always intended.
Let me briefly explain Government amendment 51, to the long title. The amendment is consequential on the removal from the Bill in Committee of the clause on carbon accounting under the Climate Change Act 2008, which was introduced in the other place. It ensures that the Bill is compliant with the parliamentary convention that Bills should move between the Houses in a proper state.
New clause 3 was tabled by the hon. Member for Aberdeen South (Callum McCaig), and new clause 7 was tabled by the hon. Member for Wigan (Lisa Nandy) and others. I should add that the hon. Member for Stockton North (Alex Cunningham) has been a long-standing advocate of CCS, which he and I have discussed on a number of occasions, so I hope he will acknowledge that I have studied the subject.
Alex Cunningham
I am pleased to acknowledge the work the Minister has done, but the important thing is that we convince the Chancellor to fund CCS at some time in the future. How optimistic is she that we will be able to do that?
Andrea Leadsom
The new clauses seek to place a duty on the Secretary of State to produce and implement a CCS strategy by June 2017 and to report to Parliament on progress every three years. They also set out that the strategy must help to deliver the emissions reductions needed to meet the fifth and subsequent carbon budgets.
As I emphasised in Committee, the Government’s view remains that CCS has a potentially important role to play in the long-term decarbonisation of the UK’s industrial and power sectors, the long-term competitiveness of energy-intensive industries and the longevity of North sea industries. However, CCS costs are currently high, which is why we remain committed to working with industry to bring forward innovative ideas for reducing the costs of this potentially important technology.
Philip Boswell
I thank the Minister for her commitment to carbon capture and storage. However, in terms of our commitment on climate change, we have seen the increased construction and usage of coal-fired power stations around the world, and it has also been well noted in the House that the removal of the CCS competition was a missed opportunity. In Scotland, we still have the Grangemouth CCS project, involving a facility fitted with CCS technology that would cut 90% of emissions. Does the Minister agree that the CCS advisory group should look at that, as an opportunity to get us back on track?
Andrea Leadsom
What I can say is that the Government have invested more than £220 million in CCS since 2011. This financial year alone, we have invested £6 million, including £1.7 million in October 2015, to support three innovative CCS technologies—from Carbon Clean Solutions, C-Capture Ltd and FET Engineering—and £2.5 million to investigate potential new CO2 stores. We have also invested £60 million of our international climate fund to support CCS capacity building and action internationally. The hon. Member for Stockton North will be aware that DECC provided £1 million in 2014 for a feasibility study into industrial CCS on Teesside, as part of the city deal.
As I said, CCS prices are currently high, so we are committed to working with industry on bringing forward innovative ideas to reduce costs. A key part of that is our continuing investment in CCS through innovation support, international partnerships and industrial research projects.
I recognise that industry and others are keen for the Government to set out our approach to CCS as soon as possible. As I emphasised in Committee, we will do that by the end of 2016. In doing so, we will continue to engage closely with industry, the all-party group on carbon capture and storage, the CCS strategy group and Lord Oxburgh’s CCS advisory group, which is planning to deliver its findings and recommendations to the Government by the summer.
I hope I have reassured hon. Members that the new clauses are unnecessary. I therefore hope they will be content not to press them.
Alex Cunningham
Before the Minister moves on, will she hazard a comment on the proposed project on Teesside, which would see a 300 MW power station built on the Wilton site and wrapped up with CCS?
Andrea Leadsom
As I have said to the hon. Gentleman, I continue to engage with him and others, and Lord Oxburgh’s CCS advisory group will publish its findings. We will be looking at individual projects, but as the hon. Gentleman and other hon. Members will know, CCS costs are currently extremely high, so I absolutely cannot make any commitments on particular projects right now.
New clauses 6 and 10, tabled by the right hon. Member for Orkney and Shetland (Mr Carmichael), the hon. Member for Wigan and others, are intended to restrict the carbon accounting rules that are allowed under the Climate Change Act from 2028—from the fifth carbon budget period. Under the current rules, we count the UK’s actual emissions for some sectors; for other sectors, we reflect how the EU emissions trading system works.
The new clauses would prevent us from continuing with that approach beyond the fourth carbon budget. Instead, the intention is presumably that the UK’s actual emissions for all sectors would be counted, but without the ability to offset any of those through a system of carbon accounting. As I have said previously, we would still participate in the EU emissions trading system even with that change, and the effect of the new clauses would simply be that we would not reflect how the EU emissions trading system works in our carbon budgets.
Of course, there are arguments for and against different accounting methods, and the issue requires careful consideration of several different factors, including the impact on consumers, businesses and industry, and on our ability to meet our domestic, EU and international commitments in the cheapest way. My hon. Friend the Member for Warrington South (David Mowat) clearly set out some of the challenges for energy-intensive industries in that respect.
It is absolutely right that we keep under review our carbon accounting practices, but now is not the right time to make the proposed changes, because we are focused on setting the fifth carbon budget. We have to do that by 30 June, as required by the Climate Change Act, and that is less than four months away. Accepting new clause 6 or 10 at this point in the process would threaten serious delay in setting the fifth carbon budget. That cannot be right, and it cannot be what hon. Members intended. I just cannot accept putting us at risk of not complying with our legal commitment under the Climate Change Act. I therefore hope hon. Members will be prepared not to press the new clauses.
New clause 11, tabled by the right hon. Member for Doncaster North (Edward Miliband), would set a new climate change target for the UK. Specifically, it would require the Government to set a year by which net emissions will be zero or less, and to ensure that that target was met for that year and subsequent ones. The year would have to be set within 12 months of the Bill coming into force and following advice from the Committee on Climate Change.
I sincerely thank the right hon. Gentleman for raising this important issue and for his statements to the House on the matter over a long period. I know the House was delighted with the Paris agreement, which included a goal for global net zero emissions by the end of this century. My right hon. Friend the Secretary of State played a crucial role in securing support for that goal in Paris, and I thank the right hon. Gentleman for his support in securing such an ambitious deal. I am grateful for his past and continued commitment to the important subject of climate change.
The Government believe we will need to take the step of enshrining the Paris goal of net zero emissions in UK law—the question is not whether, but how we do it, and there is an important set of questions to be answered before we do. The Committee on Climate Change is looking at the implications of the commitments made in Paris and has said it will report in the autumn. We will want to consider carefully its recommendations, and I am happy to give the right hon. Gentleman the undertaking that we will also discuss with him and others across the House how best to approach this matter, once we have undertaken that consideration.
This is an example, once again, of the House demonstrating on a cross-party basis a determination to tackle climate change, as we showed in the Climate Change Act. The Government are determined to build on the momentum of Paris, and our positive response to the right hon. Gentleman today is a clear example of that. On that basis, I hope he will not press his new clause to a Division.
Next I will respond to new clause 12, tabled by the hon. Member for Brighton, Pavilion (Caroline Lucas). This would require the Secretary of State to develop and publish a national strategy for the energy sector towards 100% renewable energy by 2050, under the framework of a so-called just transition. I want to start by recognising the areas where I hope the hon. Lady and I can agree. She is a passionate advocate for action to tackle climate change, to which this Government are firmly committed. Our domestic Climate Change Act is world leading, and my right hon. Friend the Secretary of State played a critical role last year in securing a strong global deal in Paris. We can also agree on the important role for renewables in helping to reduce emissions. In particular, I welcome the progress we have seen so far in driving down the cost of renewables technologies such as offshore wind and solar.
Caroline Lucas
Will the hon. Lady elaborate a little more on her point about technology neutrality? All I am talking about is renewables, energy efficiency, storage and so forth. If she knows of some wonderful new technology that can get our emissions down more quickly and more cheaply, I would love to hear about it.
Andrea Leadsom
As the hon. Lady well knows, one transitional approach to decarbonisation is to move away from coal and towards gas as a bridge to a low-carbon future. She will also be very aware that new nuclear offers a low-carbon technology for the future, and this Government are committed to supporting that.
I appreciate the intent behind much of the hon. Lady’s new clause, but I hope that she can see why I cannot accept its specifics and that she will be content to withdraw it.
I turn now to new clause 8, tabled by the hon. Member for Wigan and others. This would require the Secretary of State to set a decarbonisation target range for the electricity generating sector. We debated very similar amendments in the previous Parliament, and during the passage of this Bill in the other place and in earlier Commons stages. The Government have made our position on this matter very clear. We are committed to ensuring that the UK continues to play its part to tackle climate change, in line with the Climate Change Act and our international and EU obligations. However, we want to do this as cost-effectively as possible in order to keep costs down for families and businesses while delivering on legally binding commitments. We cannot do that by locking ourselves into additional expensive and inflexible targets relating to the power sector. There are too many things we cannot predict about how the energy system will develop over the next 15 years and beyond. The costs of getting this wrong now would be picked up by families and businesses for decades to come.
I find it strange that Opposition parties often argue that we are not doing enough to tackle fuel poverty, and yet they are urging us to sign consumers up to a distorting and expensive power sector target. Investors want to know that we have clear, credible and affordable plans. The Government are now setting out the next stages in their long-term commitment to move to a low-carbon economy, providing a basis for electricity investment into the next decade. The huge investment we have seen so far is evidence that our approach is working. Between 2010 and 2014, our policies have secured an estimated £42 billion of investment in low-carbon electricity, including £40 billion in renewables, and we have more in the pipeline for the future. I therefore cannot accept this new clause, and I ask hon. Members to withdraw it.
I would now like to deal with new clause 9, tabled by the hon. Member for Wigan and others. This seeks to introduce additional capacity market eligibility criteria requiring any new-build capacity accessing 15-year capacity agreements to be made subject to the emissions performance standard, or EPS. As I have explained previously, the new clause does not achieve its intended aim, so I am surprised to see it reappear. The EPS sets an annual limit specifically on CO2 emissions from new fossil fuel plant with an output above 50 MW. Any new fossil fuel generators above 50 MW seeking to participate in the capacity market will already be subject to this limit, so nothing would be gained by introducing this as a further eligibility requirement in the capacity market. Existing generators, which form the majority of capacity market participants, cannot access 15-year agreements, so the new clause would also have no impact on those generators.
As I have set out before, the emissions impact from smaller generators that sit below the 50 MW threshold is often assumed to be larger than it is in reality. Small “peaking” generators have a relatively small impact on overall CO2 emissions due to the short hours that they run. These generators typically run for less than 100 hours a year, in the case of diesel engines, while larger fossil fuel plants will run for 2,000 hours or more. The new clause is therefore not effective, for the simple reason that the annual EPS CO2 emissions limit would be very unlikely to have any impact on small generators participating in the capacity market.
Dr Whitehead
Is not the proposal that the Minister herself is putting forward for the future inclusion of small diesel sets in air quality standards subject to exactly the same problem, in that smaller diesel set generators are brought into a scheme that was originally proposed for larger generators, thereby including them in the system? That is exactly what the new clause proposes through smaller diesel sets coming into an emissions performance standard that otherwise would apply to larger plants.
Andrea Leadsom
As I have explained to the hon. Gentleman, his new clause would not actually have that effect.
However, I am not complacent about concerns associated with local pollutants from small generators. I am very aware of the concern about diesel, in particular. Later this year, the Department will consult on options that will include legislation that would set binding emissions limit values on relevant air pollutants from smaller engines, with a view to having legislation in force no later than January 2019, and possibly sooner. These limits would apply to generators or groups of generators with a rated thermal input equal to or greater than 1 MW and less than 50 MW, irrespective of their number of hours of operation during any given year. This shows that the Government are taking appropriate action to avoid any disproportionate impact on air quality from smaller engines where those could contribute to harmful levels of air pollutants and the exceeding of existing air quality limit values. These limits, along with other proposals we have recently announced, send a clear message about the viability of developing and running diesel generators in future. I hope that hon. Members have found my explanation reassuring and will be content to withdraw their new clause.
I turn now to new clause 5, tabled by the right hon. Member for Orkney and Shetland (Mr Carmichael). This seeks to reinsert the clause added by the Opposition in the other place, once again rewriting the Oil and Gas Authority’s principal objective of maximising economic recovery of UK petroleum. This topic has been debated at length throughout the passage of the Bill. The Government successfully removed the previous iteration of this clause in Committee, with the support of Scottish National party Members. Importantly, I note that it was agreed across the room, including by Opposition Front Benchers, that diluting the focus of the OGA in such a way was undesirable. In light of this, I am surprised and rather disappointed that the right hon. Gentleman has tabled this new clause, not least because of the serious implications it has for jobs and growth in Scotland. As I have said many times, any amendment that detracts from the OGA’s focus on maximising economic recovery is damaging to the North sea. Such a move is unacceptable, particularly at a time of unprecedented challenge for the oil and gas industry.
Mr Alistair Carmichael
I am as disappointed with the Minister as she claims to be with me. To suggest that the OGA, which is an exceptionally effective public body, is incapable of doing more than one thing is rather insulting to the body that we worked so hard to set up.
Andrea Leadsom
The right hon. Gentleman misses the point. The OGA is going to have an enormous brief. The point about its principal objective being to maximise the economic recovery is that that would focus its efforts on the long-term sustainability of the North sea and not what the other House tried to put in place, which is related to short-termism and trying to maximise profitability and so on. That would be counter to the interests of jobs and growth in his constituency and others. Removing the OGA’s focus on that principal objective seriously risks weakening its ability to provide support to an industry that is urgently in need of it, and the potential knock-on effect would be significant. Doing so would risk the premature decommissioning of key North sea infrastructure and would seriously jeopardise vital skills and experience, including those that could help to promote the longevity of the industry through carbon storage projects. From that perspective, the amendment is self-defeating. Furthermore, the “Maximising the Economic Recovery” UK strategy has now been published and is currently before Parliament. The amendment would undo the significant amount of work that has been undertaken with industry and would require the OGA to revise its MER UK strategy to take into account the expansion in the principal objective.
As the hon. Member for Aberdeen South has mentioned on several occasions, it is mission critical that the OGA maintains a “laser-like focus” on maximising economic recovery above all else. Without such a focus, we risk conflicting the OGA—setting it up to fail in its crucial mission to protect our domestic energy mix and to support hundreds of thousands of jobs. That is not what is best for the UK continental shelf now or in future.
Callum McCaig
I thank the Minister for drawing attention to that. It is absolutely fundamental that the OGA has that laser-like focus. It is also fundamental for the industry that the Chancellor has that laser-like focus. I reiterate to the Minister the need for her to use her good offices to make sure the industry gets the support it needs on Wednesday.
Andrea Leadsom
I am grateful to the hon. Gentleman for that. He will be aware that the Chancellor and the Prime Minister have looked carefully at the matter, so I hope that he will be pleased. I assure him that his interests and the interests of the UK continental shelf are being carefully considered. I hope that the right hon. Member for Orkney and Shetland will be content not to press the new clause to a vote.
Finally—hon. Members will be pleased to hear that—I turn to amendment 47, which was tabled by the hon. Member for Wigan and others. The amendment would oblige the OGA to consider the most advantageous use of North sea infrastructure for the overall benefit of oil and gas extraction prior to the decommissioning of such sites. I am delighted to note the support across the House for the measures to establish the OGA and give it the powers needed to maximise economic recovery. The impact of the fall in oil prices on industry makes that even more critical.
Although we are taking urgent steps to stimulate investment in exploration, it is equally important to the overall viability of the North sea that we make the best use of infrastructure in order to mitigate the risks of premature decommissioning. That requires a holistic approach in which operators, licence holders and infra- structure owners collaborate to ensure the maximum economic recovery of petroleum from the UK continental shelf. That is precisely provided by the OGA’s principal objective set out in section 9A of the Petroleum Act 1998.
The strategy to maximise economic recovery further addresses that issue. It includes duties to plan, commission and maintain infrastructure in a way that meets the optimum configuration for maximising the value of economically recoverable petroleum, taking into account the operational needs of others. The strategy and the measures in the Bill ensure that before commencing the decommissioning of any infrastructure in relevant UK waters, the owners of the infrastructure and the OGA must ensure that all viable options for its continued use have been suitably explored. The OGA is already working to support a stable and sustainable decommissioning framework focused on improving late-life management. The OGA will publish its decommissioning sector strategy early in the summer. I hope that hon. Members have found my explanation reassuring and will be content not to press the amendment to a vote.
Mr Speaker
I can now inform the House that I have completed certification of the Bill, as required by the Standing Order. I have confirmed the view expressed in my provisional certificate issued on 9 March. Copies of my final certificate will be made available in the Vote Office and on the parliamentary website.
Under Standing Order No. 83M, a consent motion is therefore required for the Bill to proceed. Copies of the motion are available in the Vote Office and on the parliamentary website, and have been made available to Members in the Chamber. Does the Minister intend to move the consent motion?
Mr Speaker
Under Standing Order 83M(4), the House must forthwith resolve itself into the Legislative Grand Committee (England and Wales).
The House forthwith resolved itself into the Legislative Grand Committee (England and Wales) (Standing Order No. 83M).
[Mrs Eleanor Laing in the Chair]
The First Deputy Chairman of Ways and Means (Mrs Eleanor Laing)
There will now be a debate on the consent motion for England and Wales. I remind hon. Members that all Members may speak in the debate but, if there are Divisions, only Members representing constituencies in England and Wales may vote on the consent motion. I call the Minister to move the consent motion for England and Wales.
Andrea Leadsom
I beg to move,
That the Committee consents to the following certified clause of the Energy Bill [Lords].
Clause certified under Standing Order No. 83L(2) as relating exclusively to England and Wales and being within devolved legislative competence.
Clause 78 of the Bill as amended in Committee (Bill 128).
The consent motion stands in the name of my right hon. Friend the Secretary of State for Energy and Climate Change, as set out in the written ministerial statement tabled on 10 March. Nothing has changed since the Bill was introduced. I urge hon. and right hon. Members to support the consent motion.
Question put and agreed to.
The occupant of the Chair left the Chair to report the decisions of the Committee (Standing Order No.83M(6)).
The Deputy Speaker resumed the Chair, decisions reported.
Third Reading
Queen’s and Prince of Wales’s consent signified.