Great British Energy Bill

Baroness Noakes Excerpts

Committee stage
Monday 13th January 2025 Lords Chamber

[Lord Roborough (Con)]

My Lords, I refer the Committee to my register of interests, including in solar and wind energy development and ownership, as well as as an investor in energy-related equities and as a farmer and lands manager.

I shall speak in particular to Amendment 80 in the name of my noble friend Lord Petitgas, but also support Amendments 85A in the name of my noble friend Lord Hamilton of Epsom and the amendments listed in the name of my noble friend Lord Offord of Garvel. These amendments put detail to the questions I posed to the Government, in my response to His Majesty’s gracious Address, regarding financial reporting and accountability.

Great British Energy is tasked with investing taxpayers’ money to allow taxpayers to benefit from the financial returns from the energy transition, as well as to accelerate and stimulate that transition. It must be right, as with any publicly listed company, that the company is accountable to its owners for its performance. That requires high-quality financial reporting. Listed companies report unaudited financials quarterly and audited annual reports—which also include carbon emissions accountability, as my noble friend Lord Petitgas pointed out. The first effect of Amendment 80 would be to bring GB Energy in line with those requirements.

The second effect would be to introduce a more granular analysis of the returns from each investment. This is usual with investment trusts and common in private equity. I see no reason why GB Energy should not report in equally great detail. Fully commercial organisations may choose not to do so to protect commercial confidentiality. However, in GB Energy’s case, it must be desirable to highlight where returns are the greatest in order to direct more private sector capital into those areas and help achieve the primary purposes.

It is also essential that GB Energy is fully accountable to Parliament on an individual investment basis, as well as holistically. This is taxpayers’ money, which could have been used to avoid destroying farmers’ and family businesses’ desire to invest and grow. That places a heavy burden of responsibility for GB Energy to perform well. The Minister may suggest that this is too expensive and cumbersome, but I point out that listed companies measured in the tens of millions of pounds are well able to comply without issue. GB Energy appears unlikely to be an operating company but more of an investment company. That should make these obligations straightforward to comply with, while ensuring that its investee companies and projects also have to keep accurate and timely books to allow GB Energy to comply.

The Minister may suggest that UK company registration requirements to lodge accounts are enough, as has been said in previous groups. Anyone familiar with those accounts will know that they tend to be published around nine months after the close of the financial year, are annual only and contain the least possible information to comply with registration requirements. There is little here that can be helpful in assessing performance.

Amendment 80 creates financial and climate reporting discipline that will then have to be extended throughout the organisation, to all of the investee companies, to everyone’s advantage. Examples of successful government investment in the private sector are hard to find. If this Government are confident that this will be the unicorn, surely the Minister will welcome the amendment, which will create many opportunities to showcase that success.

I also add my voice to Amendment 65 in the name of my noble friend Lord Offord of Garvel, and I have many of the same concerns as my noble friend Lord Howell and the noble Lord, Lord Cameron of Dillington. While this may almost seem like stating the obvious, there are a number of issues around grid connection, and I would be most grateful if the Minister could update us with progress. The first is the issue of nameplate grid capacity. Does the National Grid’s £35 billion investment plan from 2026 to 2031 fully address this need? And, given the increase in the UK Government’s borrowing costs and likely impact on UK companies, does the Minister anticipate any refinancing requirements to build out this transition?

The second is the human capacity of distribution network operators to work through projects with developers, to plan and deliver the grid connection. I understand there is a lack of capacity in this area and it is possible that DNOs could be prioritising their own projects at the expense of third parties. They do not appear to be meeting obligations, which is costing developers millions in delays and cost increases. I understand the bottleneck is largely human capital, which exists in Europe but of which there is not enough in the UK. The Minister has discussed training in previous groups, but would it not be also wise to fast-track visa applications for skilled operatives? Is the Minister confident that his Government have a plan that can deliver beyond 2030, as anecdotally the grid queue analysis and action that has been taken appear to have sacrificed confidence in developments beyond that timeframe in order to meet 2030 commitments?

Under the national electricity system consultation, I understand developers have been given only three weeks to consult on up to 16 documents per project. These developers need to see more resources and more evidence of planning beyond that timeframe in order to keep a strong project pipeline alive. Can the Minister update the House on the impact these actions have had on the developer community? Is he satisfied that the capital and talent are still available in that sector to meet his Government’s objectives?

I entirely agree with my noble friend Lord Hamilton of Epsom’s comments on the sustainability of biofuels. Displacement of food production in favour of growing energy crops risks causing higher prices for everyone. I draw the Minister’s attention to the US blending mandate, which has been in place for several decades and has led to around a quarter of the US corn production going into bioethanol for blending with gasoline. This has had a structural impact on food prices around the world and simply displaces one problem into another.

I disagree with my noble friend Lord Hamilton on green hydrogen, unfortunately, as its cost simply seems to be too high for most applications. Around one-third of the energy is lost in electrolysing water into green hydrogen, and another third is lost in turning it back into electricity, giving it a structural disadvantage versus other forms of energy.

[Baroness Noakes (Con)]

My Lords, I want to offer a slightly different perspective on this group of amendments. All the amendments in this group, and indeed some later groups, involve a series of rather worthy things—for which there are to be reports or other consequences—to be achieved by giving a direction to Great British Energy. While I support the amendments on the basis that they are probing amendments, I find it difficult to support the structure of the amendments themselves.

It seems to me that, by using the power of direction in Clause 6, the amendments would undermine the nature of that power and subvert the effectiveness of the power of direction, which is a long-standing feature of the control framework for public corporations. Powers of direction for nationalised industries were commonplace when nationalisation took hold from the 1940s onward. I do not know whether they existed before that, but they certainly have a pedigree of nearly 80 years. The first one of which I am aware is in relation to the Bank of England Act 1946, which nationalised the Bank of England. They have been a feature of public body legislation ever since, except in relation to bodies which are created as regulatory bodies.

The power of direction was never conceived as a mechanism for giving routine instructions to public bodies, which is what all the amendments in this group and the subsequent groups are trying to do. In fact, throughout the history of nationalised industries, the power of direction has almost certainly not been used. In relation to the Bank of England, I asked the previous Government fairly recently whether they would like to give up the power of direction over the Bank of England and whether they had used it since 1946; the answer was that they had never used it since 1946, but they definitely wanted to keep it. The fact that a power has not been used does not necessarily have any meaning, because it is designed as a backstop power for use in extreme circumstances. The mere fact of its existence can be a powerful weapon in the hands of the Government of the day.

It should be an uncontested fact that the Government ultimately call the shots in relation to public corporations, however much operational independence they claim to be handing over to them when they set the bodies up. The board of a public body should be very wary of not following the wishes of the Government of the day, unless those wishes conflict with their legal and statutory objectives.

I will always defend the ability of the Government to give directions to a public body, because public bodies should not be above the Government of the day. I think there are far too many public bodies, but if we have to have them, we must have an effective power of telling them what to do when necessary. I would definitely not want that core power to be diluted by being cluttered up with a lot of more day-to-day matters, which is partly what the amendments in this group and subsequent amendments do.

The concerns of my noble friend on the Front Bench and indeed other noble Lords who have drafted these amendments would be better met by placing specific requirements in the Bill, rather than by cluttering up the power of direction which has a very special place in the control framework for public bodies.

[Lord Ashcombe (Con)]

My Lords, I support my many noble friends in their amendments in this wide-ranging group. I declare my interest as an insurance broker in the energy industry for Marsh.

In the Labour manifesto under the section entitled “Make Britain a clean energy superpower”, its second mission to rebuild Britain, there is a plan to create 650,000 jobs by 2030. This will obviously need to include the supply chain, as the number of jobs required for running energy projects will never reach this amount.

In the Great British Energy Founding Statement, we learn:

“Backed by a capitalisation of £8.3 billion of new money over this Parliament, Great British Energy will work closely with industry, local authorities, communities and other public sector organisations to help accelerate Britain’s pathway to energy independence. That means installing thousands of clean power projects across the country, crowding in investment for next-generation technologies, and providing vital support to accelerate large-scale projects”.


For new money, we can read taxpayers’ money.

When taxpayers’ money is being spent, it simply cannot be thought of as a blank cheque, in this case with a large upper limit. It is imperative that there are checks and balances in the system to ensure that money is spent wisely to the benefit of the country. I suggest to the Minister that some of these measures might include the following: the need to demonstrate the benefit in each venture towards the £300 saving so heavily touted in the run-up to the general election; the need to demonstrate the benefit in each venture towards the creation of 650,000 jobs on the back of this clean energy drive and again touted in the run-up to the general election; and the need to ensure that grid connections, as have been mentioned, to connect the new generating assets are available as and when needed, something that has been very difficult to achieve in the past. That would also prevent ludicrous curtailment payments. The costs from NESO to do this are enormous—I believe I am right in saying some £40 billion a year until 2030.

The measures also need to show the net effect of carbon emissions and the reductions being made as the years progress, which is what this Bill is all about. However, it is especially important to consider not only scope 1 emissions, being direct greenhouse gas emissions that occur from sources that are controlled or owned by an organisation, and scope 2 emissions, being indirect greenhouse gas emissions associated with the purchase of electricity, steam, heat or cooling but also—and possibly most importantly—scope 3 emissions, being the greenhouse emissions resulting from activities from assets not owned or controlled by the reporting organisation but that the organisation indirectly affects in its value chain. My noble friend Lord Hamilton talked about one specific example. In my opinion, this has specific reference to solar panels, which are manufactured predominantly—some 85%—in China, and wind turbines, of which 60% are manufactured in China, which has certainly not demonstrated any restraint in curbing emissions. Then, there is the subsequent voyage to the final destination. Let us not forget what the noble Lord, Lord Alton, said.

There is also the need to show a reduction in imported energy—both via electrical interconnectors and hydrocarbons as LNG or by pipe from Norway and the continent—balanced against the production of our own North Sea gas and being allowed to continue to search for more off our abundant coasts.

Further, there is the need to show that a significant percentage of the materials used in any work done is generated in the UK and the need to demonstrate that we are becoming more self-sufficient in power generation—something we have not got to yet. Finally, but of no lesser importance, there is the need to demonstrate financial return to the benefit of the taxpayer.

In a number of these amendments, various timeframes have been suggested to produce a fair audit trail for Parliament and the taxpayer. Without them, who will know the real benefits of all this expense? Does the Minister agree that measurement provides results and therefore helps to determine the way forward?

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[Lord Roborough (Con)]

My Lords, I rise briefly to support the amendments in this group. It is clear from this and other groups that the mood of the Committee is in favour of fuller accountability to this House of the activities of GB Energy. This is not micromanaging; it is simply accountability and transparency. How the actions that are taken by GB Energy are directed, as is addressed by Amendment 66 in the name of the noble Earl, Lord Russell, and addressed more fully in Amendment 87 in the name of my noble friend Lady McIntosh of Pickering, is an essential part of that.

Financial markets have periods of irrational exuberance where greed triumphs over caution and experience. Most recently, we have seen the ill-fated wave of SPACs: special purpose acquisition companies. They are generally launched with great excitement and fanfare and with very loose objectives and end in disappointment. GB Energy is clearly a serious undertaking and its chances of success will be greatly aided by rigorous discipline and concentration of force. Applying strong parliamentary oversight of its directions can only aid that.

Amendment 86 in the name of the noble Lord, Lord Cameron of Dillington, and Amendment 86A in the name of my noble friend Lord Trenchard, will help in the rigour of those directions. The clause as drafted is simply too vague, as has been pointed out by other noble Lords. There is great and relevant knowledge in the five bodies nominated between these two amendments. It would seem essential for all directions that the Secretary of State should access this knowledge to ensure that these directions are as beneficial as possible.

I ask the Minister: how specific do his Government intend those directions to be? Will they prioritise jobs, bills, net zero or the commerciality of GB Energy itself? Having such directions is vital to ensure that GB Energy does not drift off course and stays aligned with the Government’s will. But the risk of conflicting objectives is confusion and muddle.

[Baroness Noakes (Con)]

My Lords, I do not support Amendments 66 and 87 in this group, for similar reasons to those that I gave on the first group that we debated today, in that they would weaken the role of the power of direction. The noble Earl, Lord Russell, referred to the fourth report of your Lordships’ Constitution Committee. I am not sure that that report stands up to close scrutiny. It is a very brief report with relatively little argumentation, and it is difficult to understand what the underlying logic really was. I suspect that the committee did not fully take account of the historical role of powers of direction in relation to public corporations, and it may well have reached a conclusion on the basis of a partial understanding of the role of public corporation powers of direction as they are designed.

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Moved by

[Baroness Noakes]

88: Clause 7, page 4, line 10, at end insert—
“(1A) The period allowed for filing the reports and accounts of Great British Energy under section 442 of The Companies Act 2006 is six months.”Member’s explanatory statement
This amendment ensures that Great British Energy files its reports and accounts in line with the period allowed for public companies.

[Baroness Noakes (Con)]

My Lords, we now move to some more technical aspects of the Bill, compared to some of the really significant issues we have been debating in recent groups. I am sorry that the Minister dealt with these recent groups in such a perfunctory way. We did not get a response of substance at all to the very significant points that my noble friends have been making, and I think it is right that the Government think again about their attitude to whether or not they are prepared to accept proper legislative scrutiny in your Lordships’ House. I hope that we can move to a more constructive phase going forward.

I shall also speak to two other amendments this group. I have Amendment 92, to which the noble Lord, Lord Vaux of Harrowden, has added his name, and I have added my name to his Amendment 89.

Great British Energy will be a company formed under the Companies Act 2006, an Act imprinted in my memory. At the time, in 2006, it was the longest Act ever produced, and it took many months of my life. Under Section 442 of that Act, private companies are given nine months to file their accounts, while public companies have only six months. I am assuming that Great British Energy will be a private company, as there is no ability for its shares to be offered to the public; it will therefore have nine months to file its accounts, and my Amendment 88 changes that to six months, in line with public companies. GBE will be a substantial company, with upwards of £8 billion flowing through it, and it ought to be subject to the same degree of scrutiny that large public companies have.

Many public sector bodies manage to get their accounts out and laid before Parliament before the beginning of the Summer Recess, which gives them nearly four months, which should be plenty of time. Listed companies generally get their accounts out very much quicker, mainly because it makes no sense whatever to spend a long time in the new financial year looking backwards.

I would not normally have thought that an amendment like this would be necessary, but I was shocked to discover this autumn that the National Wealth Fund’s report and accounts for 2023-24 were not signed off until 21 November 2024. I was even more shocked to find that the previous year was only about four weeks better than that, with the report and accounts being signed off on 23 October 2023. I do not think we should tolerate such a laid-back approach to putting the only regular accountability document relating to Great British Energy into the public domain. If six months is good enough for plcs, it ought to be good enough for GBE and, indeed, any other public sector body.

The Government have been very unresponsive to calls in the various other amendments that we have been considering during this Committee for extra reporting going above and beyond what is included in the annual report and accounts. This underlines the need for a very timely approach to the one accountability document that the Government are prepared to concede will exist for Great British Energy—namely, its annual report and accounts.

My other amendment, Amendment 92, is more of a probing amendment. It would require the Comptroller and Auditor General to be appointed as Great British Energy’s auditor. Allowing the Comptroller and Auditor General to do company accounts was, incidentally, one of the minor achievements of the Companies Act 2006, reflecting the trend at the time for increasing use of limited liability companies to carry out public sector activities more extensively. I hope that the Minister will confirm that the Comptroller and Auditor General will be appointed as Great British Energy’s auditor. He is the auditor to the National Wealth Fund, and I cannot see that there could possibly be a case for not using him.

As I said earlier, I also support Amendment 89 in the name of the noble Lord, Lord Vaux. I will not steal his thunder, but I highlight the importance of proposed new paragraph (d) of his amendment, which would require Great British Energy to report on the extent to which its investments have crowded private sector money in. There will be many other measures of success for Great British Energy, but this is a key one. The Government have been very quiet about exactly how Great British Energy will work with the private sector. It is essential that there will be good public reporting to shed light on this area as Great British Energy moves into its operational phase. I beg to move.

[Lord Vaux of Harrowden (CB)]

My Lords, once again we return to the issue of accountability and transparency. I hope the Minister is starting to hear the trend. In this group we are looking at the annual reporting requirements that apply to Great British Energy, and I hope at least that the Minister will agree this time that Clause 7 is the right place to talk about reporting.

I thank the noble Baroness, Lady Noakes, the noble Lord, Lord Cameron of Dillington, and the noble Viscount, Lord Trenchard, for their support on Amendment 89. First, however, I state my complete support for Amendments 88 and 92, tabled and just introduced by the noble Baroness, Lady Noakes. We are talking about a company that is going to be spending £8.3 billion over the next five years, so it must be right that at least the discipline that applies to public companies should apply to GBE in terms of providing timely information and its audits.

The Minister said earlier that he thinks the Bill includes the appropriate levels of accountability and transparency. I find that quite hard to understand. As the Bill is currently drafted, the only reporting that GBE will be required to provide publicly—or to the Secretary of State—is the annual accounts and reports referred to in Clause 7, which need to comply only with Section 441 of the Companies Act 2006, as we have just heard.

The contents of such accounts are quite limited, and they do not have to include much information that will allow Parliament—or other parties—to scrutinise the performance of GBE against its objectives. Indeed, it is not impossible—depending on how the Government choose to finance GBE—that it might even be able to take advantage of small or medium-sized company exemptions to the information it must provide in its accounts, especially given the increase in the limits for those that are going to take effect this April.

The impact assessment that accompanies this Bill says:

“Future benefits will depend on GBE’s future activities and spending decisions which are not in scope of this impact assessment. Therefore, no quantification of benefits has been provided at this stage. All investment into and expenditure of GBE will be subject to future spending reviews and business cases, which will set out in detail the monetised and non-monetised impacts of GBEs activities”.


It says exactly the same in respect of the costs. My first question for the Minister is therefore simply whether, and in what form, those spending reviews and business cases that the impact assessment talks about will be published and reported on. I asked the same question at Second Reading, but I am afraid I did not receive a reply at that point.

In the absence of those spending reviews being published—which I suspect will be the case—and any reporting on actual performance against them, we need something more than the limited information that must be published in the accounts in accordance with Section 441 of the Companies Act. My Amendment 89 seeks modestly to expand those requirements for publishing information by which the success, or otherwise, of GBE can be measured.