Infrastructure Bill [HL]

Lord Davies of Oldham Excerpts

Monday 10th November 2014 Lords Chamber

[Lord Davies of Oldham (Lab)]

My Lords, the House will know that we have been supportive of this new regulator and have very much welcomed its creation. Of course, the Wood review suggested that the measures within it would increase, as the Minister has indicated, the production of oil and gas from the North Sea by a third—and in doing so produce an additional 3 billion to 4 billion barrels, with a wholesale value of around £200 billion over the next 20 years. Those are significant numbers and anything that helps to produce figures of that kind to the advantage of our people and our economy is, of course, greatly to be welcomed.

This measure was welcomed by the industry although there were concerns about the power of the regulator to interfere with commercial arrangements. These amendments would remove the ability of the regulator to alter commercial arrangements. Therefore, I must say, they appear to water down its powers. We understand the anxiety about the commercial arrangements but if this change is necessary to ensure that investment is not deterred, we need to hear from the Minister the extent to which it can be said to have substantially altered the regulator’s power. If it has not made any significant change, what is the rationale behind these amendments?

Did the Government consult Sir Ian Wood before developing these amendments and, if so, what was his response? Obviously, it is important that we have his views if these amendments represent a significant change to the regulator, which we as the Opposition have fears that they do. The fundamental question prompted by this change is whether the regulator still has the required authority to encourage greater co-operation and asset-sharing, and, following on from that, whether the Government see the regulator as a facilitator or as someone who can insist on co-operation. I hope the Minister will recognise that our anxieties that the amendments might represent a weakening of the power of the regulator need to be allayed.

[Lord Jenkin of Roding]

My Lords, it needs to be remembered—indeed, the noble Lord, Lord Davies, has acknowledged—that the industry very much welcomed the report of Sir Ian Wood.

Noble Lords will remember that perhaps the most important recommendation that Sir Ian Wood made was that in future if we are to maximise the economic recovery of oil and gas, there needs to be a tripartite partnership of the Government, the industry and the regulator. The industry signed up to that. That has been the basis of the substantial amendments which were moved in Committee with the intention of implementing the Wood review, and I am on record as having welcomed them very warmly.

I am aware of the concerns which have been voiced by the industry—to which the noble Lord, Lord Davies, has referred—but I take much comfort in the recent appointment of Andy Samuel as the chief executive officer of the Oil and Gas Authority. As my right honourable friend Mr Davey announced in the Statement last week:

“This is a significant milestone in the establishment of the OGA and demonstrates our commitment to the UK’s oil and gas industry and implementing Sir Ian’s recommendations”.—[Official Report, Commons, 6/11/14; col. 53WS.]

It has to be remembered that Andy Samuel has a very long background in the industry. He will understand as well as anybody the problems of getting industry members— hitherto seen as competing with each other all the time—to work together in this tripartite arrangement. Therefore, while I understand the concerns, I do not share the problem of the noble Lord, Lord Davies, because I think the industry is well placed to take this forward and achieve the very substantial advantages of additional production and national revenue that were outlined. I think these amendments are probably necessary to reassure the industry but I believe the industry is firmly committed to the tripartite partition for which Sir Ian called.

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I very much hope that my noble friend will reject this amendment and put to one side any thought that we should do anything over the next five or 10 years other than to reduce our deficit, eliminate our deficit and eliminate the debt. I do not know quite how we can do that: £1.4 trillion is an enormous sum and if we are not going to have inflation eroded, it is a superhuman task to pay it off. I hope and pray that shale gas will help to provide some of the revenue that we need to do that for the sake of those future generations that my noble friend has spoken of.

[Lord Davies of Oldham]

My Lords, I am delighted that the noble Lord, Lord Deighton, has joined us for this debate. I had anticipated that perhaps he would have a slightly more comfortable ride than he did earlier this afternoon in trying to justify the Government’s position on the European issue. But the noble Lord, Lord Forsyth, has made this debate pretty challenging as well and I hope therefore that the noble Lord, Lord Deighton, will enjoy sailing between the shoals of difficulty in this proposal.

We all enjoyed the contribution that the noble Lord, Lord Hodgson, made in Committee. I very much enjoyed reading his piece in the Telegraph this morning—not a journal I go to for enlightenment very often—which was an excellent explanation of the sovereign wealth fund and its benefits. But someone had to point out its problems and the noble Lord, Lord Forsyth, has certainly done that.

I would like to add a dimension to this question. Of course, it looks attractive because it looks as if we are acting like benevolent grandparents—after all, we are the right age—trying to ensure that the future for our grandchildren is reasonably rosy. I am in favour of that. I am sure we all are. But the problem is, of which decade in the 20th century, or in the 19th century, would you have said, “The resources that that society commanded in that decade ought to have had an element of hypothecation not to be spent at that time but to be looked after for the succeeding generations”? The problem with that is if you were able to anticipate the periodic crises in the capitalist society in the 19th century and also get the 20th century right, then you could make appropriate judgments. Otherwise, what we are facing is a situation where, one decade after the next, the society gets considerably richer.

We have been used to 2.3% growth. Of course I recognise the crisis that we all face at present. In fact, I have from time to time upbraided the Government’s Front Bench for seeming to portray it as a British crisis, quite unable to recognise that the whole of Europe and the advanced world, particularly the United States, are under the same strains. But we are having a period of very significant constraint upon growth at present; in fact, of course, we have had a negative position for a number of years. That is why it is right, surely, that all the resources we have available are directed towards improving the balance of this society, as the noble Lord, Lord Forsyth, has indicated. But in previous generations, such as the one after the Second World War, when it was quite usual to have 2.3% growth a year, within a quarter of a century this country had doubled its wealth. That generation would have looked pretty silly to have hypothecated money for those 30 years down the line when the growth in society ensured that the later society was so much wealthier than it was. We have to rehabilitate—and I am glad I am not the first person to actually try to do this—the word “hypothecation”. After the noble Lord, Lord Hodgson, had spoken in Committee I went and had a little chat. I probably indicated in Committee that I took issue with my colleagues at the other end who have got some responsibility for the Opposition’s position on the economy.

Hypothecation is a real problem. Once any area is hypothecated, in effect the flexibility that attends a Government is inevitably reduced and we are all operating—at this time of all times—on the tightest of margins. I think it was said by the outgoing Government at the last election that there was no money left. The incoming Government after the next election are not exactly going to be rolling in vast resources which they can allocate as they wish, hence the reason everybody is reining in the ambitions of potential Governments for the next few years.

I hope that the noble Lord, Lord Deighton, will address himself to what I think is a complex debate. He starts off, of course, from a very strong base because he is the Minister responsible for infrastructure and, after all, will always need to look a decade or more ahead rather than the immediate five years in order to get infrastructure that is effective and accurate at a location. I am not sure the noble Lord, Lord Deighton, can spend too many warm words on the enthusiasm that the Chancellor has shown over the weekend towards this idea. It is an idea worthy of exploration because the noble Lord, Lord Hodgson, has got a concept that could well capture the public mood and would encourage people to say that in fact we need to look to the longer term future in our investment plans. However, I hope that is what Governments intend to do in any case.

Therefore I have no doubt that when the Minister responds he will have warm words to say towards the noble Lord, Lord Hodgson, for the work that he has done and the speech that he has made this evening. However, I hope that he will explain why it is so very difficult for a Government to accept what is—in fact—a majestic argument for hypothecation.

[The Commercial Secretary to the Treasury (Lord Deighton) (Con)]

My Lords, as the noble Lord, Lord Davies, has pointed out, superb cases have been made for each side of this argument by my noble friends Lord Hodgson and Lord Forsyth.

Shale gas represents a huge economic opportunity for the UK. It could create thousands of jobs, generate business investment and in future provide substantial revenue for the Exchequer. A sovereign wealth fund would create a legacy for the long term and ensure the benefits are shared with future generations, and we have heard a lot about intergenerational fairness and the issues around that. It is a complicated issue to get right.

As a Government we support the idea and want to explore—I think those were precisely the words used by the noble Lord, Lord Davies—creating a sovereign wealth fund with the money that comes from shale gas. It would be a way of making sure that this money is invested in the long-term economic health of the north of England, because of course that is where most of the reserves are located, and in other areas hosting development to create jobs and investment there. My right honourable friend the Chancellor found this an appealing concept because for him it is all part of building a northern powerhouse, which is at the heart of the Treasury’s current economic strategy. As my noble friend Lord Hodgson pointed out—

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[Lord Berkeley (Lab)]

My Lords, I am very pleased to support the noble Lord, Lord Jenkin of Roding, on the amendment. My noble friend Lord Whitty apologises; he had to leave. Presumably he thought this would come up a little earlier in the proceedings. The noble Lord, Lord Jenkin, told the House a number of very useful and interesting ideas about how this issue is going to be taken forward. I shall be very interested to hear the response of the noble Lord, Lord Deighton. First, obviously, I welcome the Government’s commitment to so much new infrastructure. It is not before time. Most of it is sensible and should be good value for money. However, as the amendment seeks to point out, we need to know the effect on consumers, not just this year and next year but in the long term; some of these projects take a long time to construct. If there has been some kind of financial arrangement in the private sector to finance them, we need to know the long-term effect.

It is worth pointing out that many of the sectors mentioned in the amendment are by definition monopolies: railway infrastructure is a monopoly; water services are generally monopolies; and gas and electricity are not generally monopolies, but some of them are. I think it is true to say that all regulators have a duty to protect the interests of consumers while also ensuring that the companies they regulate are financially sound and capable of investing and delivering for the future needs of their customers.

I will take one or two examples. We have to ask how successful these industries and the regulators have been in protecting the customer’s interests. We have had much debate this year over electricity prices, resilience of supplies—are all the lights going to go out?—and people complaining that Hinkley Point EDF may be a deal that has screwed the Government. I do not know whether that is true: I am not an expert on it. Then, of course, there is the latest investigation by the Competition and Markets Authority into the big six electricity suppliers in terms of vertical integration. Where the customers come in all this is quite difficult to understand for the average payer of electricity and gas. That is something that could very usefully come as a result of discussions on the amendment.

On the railways, to take another example, the Office of Rail Regulation’s role is not directly to help the customer—it does, because the charges relating to Network Rail’s costs have come down—but it is relevant because it is regulating a monopoly. Everybody said at the beginning that Network Rail was pretty efficient but it could probably do with a tweak here or there. However, the regulator over the last 10 years has succeeded in reducing Network Rail’s costs, or efficiencies, by something like 40%. If it was 40% over what it should have been as an efficient operator, that is quite an achievement for a monopoly. Now the regulator is expecting another 20% from it in the next five years, and many people say that there is more to come. I do not think that other infrastructure managers of monopolies are probably much different, which is quite worrying. We have very efficient regulators across the sector and they have achieved a lot, but how much more is there to achieve? I just do not know.

The water industry is a different issue. We have had many debates here, some of which I have instituted, about whether the regulator has regulated Thames Water in order to ensure that it had enough assets to provide the investment it believes is necessary for its long-term operation—personally I do not believe it is necessary, but that is not the point—and whether the regulator was doing its job properly in ensuring that there was not a load of asset stripping, which appears to have gone on. More importantly, when is the regulator going to come up with some credible estimate of the effect that the Thames tideway tunnel and the other changes to the industry are going to have on the customers? There has been lots of talk about this; it would be interesting to know, but I suspect that that might require a bit of pressure.

Several newspapers today say that the Prime Minister is apparently going to announce 300 new roads. Whether they are all Highways Agency or strategic road company roads, I do not know—I suspect that the noble Baroness will tell us one day—but that is not the point, really; he is going to announce them, although I do not know how they are going to be financed. Under the Bill, which some of us think is being set up for them eventually to be privatised, the roads will probably be turned into toll roads, although the Minister has strongly denied that at every opportunity. There is still a question of how these new roads will be paid for, though, so should there not actually be some toll roads? However, we are not going to go any further on that today.

The amendment is therefore very important. Having some consistent statistics and data across all these different sectors regarding how much the consumer is going to have to pay, and over what period, would be very useful. It might also put pressure on the regulators to come up with a bit more consistency than they have shown up to now. The UK regulators network is a good idea and I think it is making progress; I have also been involved in some suggestions that there should be a European rail regulator, or an association of European rail regulators, across 26 member states, though at the moment that seems to be a step too far. Still, the concept of regulation is developing, and the question we have to ask ourselves is: is it sufficient that the regulators apply self-regulation to themselves? I have my doubts and would prefer the Treasury to do that to start with, but maybe the Minister will be able to persuade us that they are capable of doing it themselves, with a good deal of Treasury supervision. It will be interesting to see what happens. Again I thank the noble Lord, Lord Jenkin, for bringing this to our attention on Report.

[Lord Davies of Oldham]

My Lords, this gives me the chance to congratulate the noble Lord, Lord Jenkin, on the assiduous way in which he has pursued this topic and the way in which he has clarified many of the issues. He did so to our great advantage in Committee and has been a great strength today, so the noble Lord, Lord Deighton, knows the nature of the opposition to which he needs to respond.

We regard the noble Lord, Lord Jenkin, as entirely right to raise the key question of the costs to consumers; he is certainly right to repeat the call of the Public Accounts Committee, which argued that departments should consider very carefully the costs to consumers of the policies that they pursue on infrastructure. He is also right, of course, to raise the fundamental issue of ensuring that costs are not unfairly passed on to consumers. If we had more time, we would dwell on the number of occasions where we consider that to have been the case. It is clear that in many sectors costs to consumers have risen very significantly: one in eight households says that their water bills are unaffordable, while around one-quarter of households and 64% of the poorest households spend more than 3% of their disposable income on water bills. Those bills are 40% higher in real terms than they were in 1989. Obviously the licence agreements set a maximum price, but whether Ofwat has quite the powers that it needs to alter those agreements is still unclear. Likewise, the rise in energy bills has been very well documented. The House will of course recognise the extent to which we have been concerned about electricity bills, to the point of indicating that under the next Labour Government there will be a period of time when bills are frozen.

There is an apparent lack of connection between wholesale prices and the retail prices that hit the consumer. It seems pretty obvious to us that the consumer is often getting a bad deal. None of us underestimates the extent to which infrastructure needs to be improved. I am sure that the noble Lord, Lord Deighton, will dwell on that point. However, we need to ensure that increased infrastructure investment does not fall on the consumer, mainly because currently we are very badly in need of better infrastructure delivery. It is absolutely clear that, given that output has fallen by over 19% since May 2010, less than a third of the projects in the Government’s infrastructure pipeline are classed as in construction. Therefore there is a great deal to be done. The Government are rather better at indicating promise and intent than at acting in reality. The imperative is clear. We need to ensure that our infrastructure output increases; likewise, we need to ensure that the costs are not unfairly passed on to consumers, as they have been in some areas in the recent past. I hope that, just as the noble Lord, Lord Jenkin, indicated, the presence of the noble Lord, Lord Deighton, will guarantee that we are pointing in the right direction towards achieving the right balance and a better one than has obtained in recent years.

[Lord Deighton]

My Lords, I shall begin by thanking my noble friend Lord Jenkin for raising this matter in the House. As we know, infrastructure investment is a key element of the Government’s economic plan. I agree with the noble Lord, Lord Davies, that it is key to improving our long-term productivity and that delivering it effectively is a part of the Government’s responsibility in working with the industries involved. Of course, we must ensure that it is delivered in a way that is affordable for consumers and taxpayers. That is a crucial and quite complicated issue. The way that we finance and deliver infrastructure in each sector differs. The road sector, which the noble Lord, Lord Berkeley, referred to, is of course financed exclusively through taxpayer funding, so the question of passing the price on does not exist, whereas the energy and water sectors, for example, are predominantly financed in the private sector.

I am pleased to have this opportunity to set out personally the Government’s position on this important issue. If we look at the future pipeline of infrastructure expenditure, it works out that about 60% of it is expected to be privately funded—water, energy and telecommunications are the sectors where that is the case. To ensure that such privately funded investment is affordable for consumers now and in the future has to be central to the Government’s approach, and independent economic regulation is at the heart of that. At the core of the argument I am going to make is that it is actually in our long-term interest to have the regulators primarily focused on this. That is where the expertise is. The fact that they operate independently of the short-term changes that may come from government policy is a very healthy thing in terms of both protecting the consumer and creating an environment that encourages investors to put their money into our infrastructure for the longer term.

In that respect, protecting the consumer is central to the work of our regulators—particularly in the case of Ofwat and Ofgem—and is enshrined in their statutory duties. They are able to take a long-term view free from political involvement, as I said. This is a tried and tested system. Indeed, the ability of regulators to undertake their work independently of government interference is a cornerstone of our regulatory system’s success. Our regulatory system, which has its challenges, is the envy of the world. We need to keep on improving it, but it is a strong competitive advantage for this country.