Energy Prices Bill

Lord McNicol of West Kilbride Excerpts

2nd reading
Wednesday 19th October 2022 Lords Chamber

[Lord McNicol of West Kilbride (Lab)]

My Lords, I thank all noble Lords who have participated in this Second Reading; there have been thoughtful and detailed interventions across the House. These Benches welcome the Bill and will support its passage. However, as raised by my noble friend Lord Lennie in his opening remarks, there are a number of issues we would like to see revised, revisited and resolved. I think the deadline for amendments is tomorrow evening, and we will be working with colleagues across the House to bring forward some detailed amendments which will improve the Bill, as your Lordships’ House always does. I will not repeat my noble friend Lord Lennie’s concerns about the Government’s wider conduct around bringing it here, but I repeat the concerns he and others have with the Bill itself. While it is welcome, it is certainly not perfect, and we truly believe it can be improved in a number of ways.

Families and businesses alike are feeling the hardest pressure as we enter the winter, and the Bill and the measures within it are therefore welcome. Reflecting on the measures themselves, there are a number of deficiencies when compared with the package that the Labour Front Bench in the other House initially proposed—a package, I note, that the Government get closer to day by day. Why not save us all a little bit of time and move to that now?

First, capping the unit price means that prices will still rise by £129, even when taking into account the £400 of support, and many households will pay a lot more than the typical £2,500 figure that the Government keep repeating. Ultimately, 10 million families will spend more than 10% of their income on energy.

Secondly, as we have heard from across the House, the one in six households that use off-grid energy sources for their heating will get little or no support, in stark contrast to the average £1,000 of support they would have got from Labour’s plan. The 4 million households with prepayment meters get no additional support, even though they use 60% of their energy over this period. These families will be spending these long, cold months unsure whether they will be able to keep their homes warm on a day-to-day basis.

Then there is how it will be paid for. Once again, I will not repeat too much of the contributions from my noble friend Lord Lennie and others, but it is clearly bizarre to avoid calling it a “windfall tax” for political reasons. I am not sure it matters what you call it—targeted interventions, periodic payments, an excess profits levy—because it sounds like a windfall tax and it acts like one.

More importantly, not prioritising cheap, homegrown, low-carbon power in favour of expensive, insecure fossil fuels is just not sensible, as we have heard. Onshore wind and solar are being treated as the whipping boy of the industry, shouldering an unfair proportion of the costs while other renewables are protected.

The Government have set out no detail on how the level of the cap will be decided, massively denting investor confidence. There needs to be clarity that the UK will not set a cap which puts us at a disadvantage against the EU equivalent and certainly not higher than the equivalent measures in the oil and gas sector. The windfall tax must be set at a level to contribute significantly to the price support for businesses and consumers—an eye-watering amount, as we heard from the noble Lord, Lord Teverson. The Government must end the absurd multibillion-pound loophole for oil and gas companies on reinvesting. Above all, it needs to be fair to consumers.

There is a vast range of powers contained in the Bill. The Delegated Powers and Regulatory Reform Committee, or DPRRC, has understandably not had enough time to look at all the powers in the Bill in detail, but it is disappointed by the decision to provide in Clauses 9, 11 and 22 powers that it finds inappropriate. Inappropriate: it does not come much clearer than that.

It said that the power in Clause 22 allowing the Secretary of State to give a direction to any energy licence holder or the Northern Ireland regulator needs to be fully explained, as the noble Lord, Lord Rogan, asked. Ministerial decisions need to be subject to parliamentary scrutiny and should be sunsetted commensurate with the other time limits in the Bill—five years is just too long.

The Minister said in his opening speech that the concerns expressed in the DPRRC report needed to be balanced with the needs of consumers benefiting from this Bill. He is right, but we on these Benches believe that there is a way through this that does not have a contradiction. We will bring forward amendments tomorrow which we will discuss on Monday in Committee and on Report.

The Minister will have received representations from industry. Many of its issues have been raised this afternoon. The noble Baroness, Lady Worthington, and others touched on them, but I will quote one:

“Our concerns are not linked to the substance of the policies outlined within the Bill but to the unprecedented and open-ended powers the Bill would confer upon the current and future BEIS Secretary of State without sufficient recourse to Parliament.”


With the changing political winds, you may ask why we on these Benches do not just keep quiet and let this go through. The reason is simple: we believe in parliamentary scrutiny and the benefits it brings to legislation and departmental and ministerial decisions. As the noble Baroness, Lady Worthington, the right reverend Prelate the Bishop of Manchester, my noble friends Lady Young of Old Scone and Lord Liddle, and others have asked, will the Government look again at these clauses?

Similar to the emergency legislation passed during Covid, this legislation gives the Secretary of State powers to extend provision on a rolling basis every six months at a time when investment in our own homegrown energy generation has never been more crucial to UK energy security. The unintended consequences of this Bill for investment could be far and wide-ranging.

We will of course look at all of these issues in more detail in the remaining stages on Monday, so I will finish off by briefly saying that the most important thing to come out of the Bill is not what is contained within it or the issues with those measures but the lack of a long-term plan that it signifies. The Bill’s solution to the problem of some renewable and nuclear electricity generators making windfall profits because of the way they price their electricity, where it was contracted under the renewable obligation arrangement and pegged towards expensive gas, is a short-term fix. There is no long-term solution in the Bill; or, as the noble Lord, Lord Teverson, said, there is no exit strategy. We would include powers to solve this problem in the long term by delinking the price of low-carbon power from that of gas for good. Unless the Government dramatically change course on their fundamental approach, we could face similar crises in the years ahead.

What we need is a sprint towards green energy—towards solar, wind, hydrogen and nuclear—and, as the noble Lord, Lord Foster, said, energy efficiency. I know that the Minister often talks about an energy mix, and again, he is right, but it is about prioritising those sources over oil and gas. Not pushing forward with these over the last 12 years has significantly raised bills and imports, and undermined our own energy security, contributing to the crisis we are facing today. We cannot let this be repeated. It is time for change.

Energy Prices Bill

Lord McNicol of West Kilbride Excerpts

Committee stage
Monday 24th October 2022 Lords Chamber

[Lord McNicol of West Kilbride (Lab)]

My Lords, many of the amendments in this group are sensible and could easily be accepted by the Government. We on these Benches will support Amendment 8 if the noble Lord, Lord Teverson, tests the opinion of the House. The Member’s explanatory statement is exactly as the noble Lord said, and it is a modest amendment:

“This new clause would require the Secretary of State to report”—


just to report—

“on the impact of energy efficiency programmes in reducing energy costs.”

It is modest indeed, and I am at a loss as to why His Majesty’s Government are not willing to accept it.

To quote from the government website:

“Improving the energy efficiency of UK buildings is the quickest way we can support families and businesses, to respond to rising energy prices.”


I am sure we all agree. It goes on:

“Improving the efficiency of our homes could reduce our heating bills by around 20% and reduce our dependency on foreign gas.”

Again, that is something I am sure we all agree with, so these amendments are in line with BEIS’s priorities and language.

As the noble Lord, Lord Foster of Bath, said, the UK has some of the least energy-efficient housing in Europe. According to my figures, 19 million homes are estimated to be below EPC band C. His figure was 15 million; I am sure he will forgive the 4 million. In excess of 10 million homes are worse than EPC band C. Under the Conservatives, home insulation rates have plummeted. In 2013, the then Government cut energy efficiency programmes, after which insulation rates fell by 92% in 2013. Further to that, new statistics show that home insulation dropped again by 62% in the second quarter of 2022 compared with the first quarter, with only 35,000 installations being recorded. The Resolution Foundation estimates that 9 million households are paying an extra £170 per year on their energy bills as a result of these failures. Since then, the Government have botched the green homes grant, which has yet to be adequately replaced.

These amendments would help with the bills people have to pay, and they would help the Government, the country and consumers. On top of this, Labour would give the devolved Administrations the power and resources to bring every home in their area up to EPC band C or higher within a decade.

The chief executive of E.ON, Michael Lewis, has pointed out that a sustained programme of energy efficiency could have reduced the amount of energy used in UK homes by 25%. That is the equivalent of six Hinkley Point C power stations. As we have heard throughout the debate on these amendments, the cheapest energy is the energy we do not use. A simple uprating of a home from EPC band D to band C would save the bill payer some £500 a year on the basis of April prices, so if it is put to the test we will support Amendment 8.