Energy Bill [HL] Debate

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Wednesday 2nd March 2011

(13 years, 9 months ago)

Lords Chamber
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Baroness Maddock Portrait Baroness Maddock
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My Lords, the noble Lord, Lord Whitty, put down Amendment 153 and I added my name to it, but he is not in his place. I spoke to this amendment at some length in Committee so I will not repeat what I said then.

I do not have the cynical view of local government that is being expressed by the two previous speakers. My experience over the years of local government is that it has been very effective in trying to deal with poorly insulated properties in its areas under the Home Energy Conservation Act, which is now going to be removed. I know that my noble friend the Minister is keen for local authorities to be involved in what is going on, but I also support the fact that we do not necessarily give new duties to local authorities. We have a Localism Bill coming that includes a power of general competence. However, it is clear to me that, in spite of all that, local authorities have a major role to play in this.

As I said, I know that the Minister agrees with that. I hope that he can set out some of the roles that he sees for local authorities as the Green Deal is rolled out, and give us some idea about what sort of rewards they might get. I do not mean rewards from the public purse; it is not necessarily from there that they will get rewards for being involved with this. I know that he understands what I am talking about.

I hope that, if not tonight then at some point, he will be able to set this out in a little more detail to reassure us—including local authorities, many of which are asking to be involved. Some of them are actually asking for carbon budgets, which Amendment 100 mentions. I have had a letter, as I am sure have other noble Lords, from a group of local authorities that want to have local carbon budgets. The situation is not anything like as clear-cut as the two previous speakers said.

I hope that my noble friend can go at least some way towards setting out how he sees local authorities being involved. Maybe this is something else where, when the Bill gets to another place, we can be more specific on how local authorities have been involved. Their record on doing things such as rolling out energy efficiency street by street is fantastic. People in local communities trust their local authority more than they trust the people who provide their utilities, so we need to take full account of that. I know that my noble friend understands that, and I look forward to what he has to say.

Lord Teverson Portrait Lord Teverson
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My Lords, I agree with my noble friend Lady Maddock about the involvement of local authorities. I know from conversations with the Minister and other Ministers that this is very much in the Government’s mind. I welcome the fact that, as I hope they will, local authorities will be integrated into the process.

I want to talk about carbon budgets. Reducing carbon, as we talked about with regard to the Climate Change Act, is fundamental, but I just do not think that local carbon budgets are the right instrument to do that. There is huge pressure on local government finance at the moment, so I would agree that because of that—I declare that I am a member of a local authority—local authorities are starting to concentrate on activities where they have statutory obligations. Where they do not, they are having to consider rather more. If there were a more perfect way of doing this, I would like to see some statutory obligation generally in terms of climate change in a broader sense. However, I fundamentally believe that it should then be left to local authorities to decide how they implement and deliver that, and that they should have the powers to do so.

I spent a huge amount of time in this House two or three years ago on the Climate Change Bill. We spent a huge amount of time working out how national budgets could work. We looked at all the difficulties regarding air transportation, imports and exports and—maybe more esoterically, but importantly—whether carbon consumption was more important than carbon production. We looked at the transfers of budgets between years and at all the other sorts of mechanisms that there are. We considered what happens in terms of the EU ETS, transfers of that in or out and how it worked. We gave particular thought to air and shipping.

If you bring that down to local authorities—many parts of the country still have not one tier of local authority but two, so you have to add them up and they will not come to the national budget anyway—you have the issues of transportation, such as motorways being major emitters. The easiest way to mitigate those would be to stop industry coming into your local authority and get it to go the other side of your local authority boundary. If you took this seriously, you would have all sorts of weird incentives whose outcomes would be perverse.

Lord Lea of Crondall Portrait Lord Lea of Crondall
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I have thought about this point for some time. Is it not a fact that one of the possible anomalies in the whole discussion going back to the Climate Change Bill is that carbon budgeting and financial budgeting in the traditional sense do not correspond? That has to be done at some point or the whole thing will get out of sync. Does the noble Lord agree that you need a clear analysis of how carbon budgeting corresponds with financial budgeting at national level before you discuss it at other levels?

Lord Teverson Portrait Lord Teverson
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I would probably agree with the noble Lord on that matter. However, I do not want to prolong this discussion as we want to get through the Bill. Although it is vital that we reduce carbon emissions and local authorities need to play a key part in that, that objective should be a statutory obligation on them which is outside this Bill. They should have a much greater connection with the Climate Change Committee which should have a local authority aspect. It would be great if local authorities wanted to engage in a modified form of carbon budgeting.

Lord Judd Portrait Lord Judd
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I would appreciate it if the noble Lord would clarify something for me. If he is in favour of achieving national carbon reduction objectives, how will that be achieved unless everybody who has a role to play knows what role is expected of them and what they must do to play their part in reaching the total? Unless you disaggregate the overall total, how on earth are you going to get that result?

Lord Teverson Portrait Lord Teverson
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We do not do that at national carbon level, do we? If we were to do that, we would disaggregate by industry, but the previous Government and the present Government have not gone down that route. If we took that a step further, we would come to individual personal carbon budgets. There are arguments for and against that. I do not think that you need to disaggregate everything completely as all the relevant levers are not in place and splitting it all down does not mean to say that everything would necessarily add up because all sorts of areas, including motorways and EU ETS major emitters—even proponents of carbon budgets agree on this—could not be effectively and practically included in those carbon budgets. That system of making the detail add up to the total would not work under this scheme anyway. I am not saying that the question was invalid but if we really wanted to go down that route we would have to go down the industrial sectorial route as well or separate out consumers, the manufacturing sector and the services sector. Such an approach gets too involved in the mass of detail as opposed to inventing the policy instruments that we need. We need to involve local government in the Green Deal. I would much prefer it to have a statutory obligation but I think that carbon budgets are the wrong way to do it.

As regards wind farms, in Cornwall they are fantastic. Tourists like them and the majority of people are not against them. They are beautiful objects to behold on the horizon and may there be more of them.

Lord Marland Portrait Lord Marland
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My Lords, you have heard differing views on the future of carbon budgets, including those of the noble Baroness, Lady Smith of Basildon, the noble Lord, Lord Judd, and my noble friend Lady Maddock. My noble friend Lord Teverson, as usual, clearly told us his views; and we heard those of the noble Lords, Lord Dixon-Smith and Lord Reay, who would be opposed to carbon budgets. It has been an excellent debate and we have heard views from all sides—all of which are respected.

Throughout the passage of the Bill, this has been a subject on which I have taken those views on board. We should try to find a way through in a spirit of co-operation. The Localism Bill, which is about a spirit of partnership, is going through Parliament at the moment. We have imposed upon local authorities a 10 per cent carbon reduction target through the DCLG, and they will have to set their own examples.

During the passage of the Bill, we have given great consideration to these issues, and we have determined that the best way forward is co-operation. I hope that next week we will be able to sign a memorandum of understanding with the local government group, to build upon the Nottingham declaration. The memorandum will set out a timetable for progress on reducing carbon emissions that we hope all local authorities will buy into.

At this point, I offer my thanks to the right reverend Prelate the Bishop of Liverpool, who has set up a meeting with me and the chief executive of Liverpool City Council to discuss how we can get the Green Deal through to Liverpool and together reduce carbon emissions, and use Liverpool almost as a test case.

I have taken on board the valuable comments of noble Lords. I have taken on board the fact that it will not be acceptable to impose provisions on local authorities. Indeed, the Department for Energy and Climate Change cannot impose our will on local authorities, but we can impose a way forward and an understanding between us all that this has got to be right for the country, as the noble Lord, Lord Judd, said. It has to be right for future generations and it has to be right that we use less electricity and less energy than we are using now, to conserve the future.

I hope that given those comments and the impending memorandum of understanding—which I cannot reveal too much about now because, as you know, I am a very junior person—the noble Baroness, Lady Smith, will appreciate what we are doing. I hope that that finds favour with her and with the noble Baroness, Lady Maddock, and that they will not press their amendments.

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Moved by
159: After Clause 71, insert the following new Clause—
“Energy tariffs
(1) After consultation with electricity and gas retail sellers and consumer groups, the Secretary of State shall introduce regulations that make it mandatory for electricity and gas through pipeline supply companies supplying to domestic properties to configure their tariffs so that the initial units of energy supplied are at a lower cost to the consumer than the remaining units.
(2) The number of units in the initial tranche shall reflect the basic energy requirement of a household.
(3) The new tariff scheme shall be revenue neutral to consumers and energy supply companies as a whole.”
Lord Teverson Portrait Lord Teverson
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My Lords, earlier I forgot to confess that I am an Essex person. As I live in Cornwall, and have done for some time, I am often referred to as “Mr Treverson”; I am actually Teverson, which is a Danish or Anglian name, so perhaps I could join the Essex fraternity from at least three of the Benches—I suppose, that is something. However, that is not what I want to discuss now, although this affects Cornwall as much as it does Essex, as they both have very diverse populations.

I thank my noble friend Lord Cathcart for his work on reverse block tariffs. We intend to change around this perverse incentive to consume more energy by moving around energy pricing and energy tariffs, so that you are effectively penalised, or at least you are not financially advantaged, if you consume more rather than less. However, I confess that it has been very difficult to put this amendment together, in Grand Committee and in its amended form here, so that it precisely defines what is needed. If your Lordships were absolutely convinced by my arguments and decided, even if I withdrew it, to vote on it after all, I would really question your sanity as regards making the amendment work. The spirit is good, but the practicalities are difficult.

I welcome the very positive reaction from the Government and the Minister in this area. I am convinced that to get this right will take longer. I am also convinced that its rightful place would be in the energy market reform area, on which I know the Government intend to bring forward further legislation. I would be very content if the Minister were able to give me some comfort that it would be better positioned within that legislative framework. Having tried to describe how this should work, I do not underestimate that it will probably take most of the good public servants of DECC at least two years to work out how this should work. It is an important and worthy goal and I hope that my noble friend will be able to give me some comfort in that direction. I beg to move.

Earl Cathcart Portrait Earl Cathcart
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My Lords, I apologise to the House because in my enthusiasm to speak to Amendment 6, I forgot to declare my interest which is as a landlord in the private rental sector. I do not think my interest influenced what I said on that amendment.

I shall not repeat the arguments that I made at Second Reading or in Committee, but it is generally accepted that three things make up fuel poverty: household income, energy prices and energy efficiency. This Bill will deal with energy efficiency and this amendment asks the Minister to review energy prices. I am also grateful to my noble friend for saying in Committee that the Government will carry out a full-scale review of fuel poverty and its implications. I know that a review into the way in which energy companies charge will not be popular with everyone, not least the energy companies, but the way in which they currently charge is a win-win situation for them. What manufacturing company in the real world would not like to charge a huge price for the first number of units sold so that they can recover their fixed costs and then a lower price for subsequent units so that they can recover their variable costs, thus guaranteeing themselves a profit?

The amendment moved by my noble friend Lord Teverson suggests that the energy companies, together with consumer groups, should be involved in the review. I hope that they will examine whether there is a better way of coming up with a pricing tariff. The amendment also says that a new tariff scheme will be revenue neutral for energy companies, so it is not intended that they will lose revenue. It will be revenue neutral to them.

If we want to do something about poverty—fuel poverty in particular—we must look at all the options and a review on setting tariffs is a welcome start. Energy prices will continue to increase. There are already 6.5 million households in fuel poverty. A quarter of households live in fuel poverty, 50 per cent being pensioners. That is not something to be proud of. The least we can do is review how energy is charged for.

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Lord Marland Portrait Lord Marland
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My Lords, I have a declaration to make. I am not an Essex person which seems to be the thing to declare before speaking in this debate.

The noble Lord, Lord Teverson, as the noble Lord, Lord Davies, suggested, was considering withdrawing his amendment. My department has been made available to him for discussing and working through this problem which we take seriously. We have made it available to my noble friend Lord Cathcart. The noble Lord, Lord Davies, is right that this is probably not the right Bill for this tariff but the department will be happy to work with the noble Lord and reach a conclusion. As he rightly says, it will take several months, but I invite my noble friend to either withdraw or do whatever he was going to do with his excellent amendment.

Lord Teverson Portrait Lord Teverson
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I thank the Minister. I have only two alternatives: to test the opinion of the House or withdraw the amendment. I have come across no other option in the Companion. I am happy to take the advice of both Front Benches in anticipation that we will revisit the issue in the next Energy Bill on market reform that comes to the House. I beg leave to withdraw the amendment.

Amendment 159 withdrawn.
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Moved by
166: After Clause 97, insert the following new Clause—
“Geothermal power
(1) The Secretary of State shall have the authority, after a period of consultation with industry, geological experts, the devolved administrations, local authorities, energy producers and other interested parties, to put into place for the United Kingdom a licensing system and regulations for the exploitation of heat from deep geothermal sources for both the direct use of that heat and for the generation of electricity.
(2) The licenses shall relate to—
(a) individual geographically delineated areas on land;(b) the heat held by rocks greater than one kilometre below the surface.(3) Licenses shall give exclusive exploration and production rights for the purpose of energy production from geothermal sources, both direct heat and electricity generation, to the licensee, for that area, and for a specific period of time.
(4) The Secretary of State shall have the authority to lay down regulations for the method of allocation of licenses to those organisations wishing to explore or exploit those resources (or both).
(5) Any organisation already undertaking exploration or exploitation from geothermal sources within the United Kingdom, in that they have already undertaken, at the time the licensing regime comes into force, boring for the purpose of exploiting geothermal heat to below one kilometre, shall be entitled to hold the first license awarded for that license area; and any licence fee or other consideration for that license area as a part of the licensing regime will then be determined by arbitration under rules determined by the Secretary of State reflecting the fees or other consideration paid for the licenses deemed to have similar potential.
(6) The holding of a licence for the exploration or exploitation of deep geothermal heat (or both) shall not convey any automatic rights in terms of planning permissions for surface development, or given any rights in terms of surface access.”
Lord Teverson Portrait Lord Teverson
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My Lords, this amendment is slightly different from the one I put down in Committee as it affects geothermal energy. I thank many sides of the House for supporting that. The change that I have made to this amendment is that I have not included time constraints, not because they are not important, they are, but because when I had to submit this amendment in time for Report, it was not clear from the industry or from the department whether it is possible to implement geothermal licensing through secondary legislation or whether it requires primary legislation. Since that time, the industry, I and a Member of the other House met the other Minister, my honourable friend Greg Barker, to go through this. I welcome the fact that a working party has been set up, which probably met for the first time today, to start finding a way forward to make this move. The industry’s advice is that licensing probably requires primary legislation rather than empowerment through this Bill to allow secondary legislation by the Minister. That has rather stymied my wish to press this matter forward strongly and makes the situation rather difficult.

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Lord Teverson Portrait Lord Teverson
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My Lords, I thank the Minister for his reply and his continued interest, which is genuinely recognised and welcomed by the industry. I agree absolutely with my noble friend Lord Dixon-Smith about the amount of energy, and heat particularly, that we waste, whether welling up from the ground in many ways or from industrial applications. Perhaps I may be forgiven for saying that one of the reasons is that we do not have a culture of district heating in this country. We look at each dwelling as an individual area. That is one of the things that has to change in terms of being able to utilise that energy. I thank him for reminding me of that.

I am well satisfied that the Government are taking this agenda forward seriously. This particular amendment is no longer appropriate. I have pleasure in begging leave to withdraw my amendment.

Amendment 166 withdrawn.