Domestic Renewable Heat Incentive Scheme (Amendment) Regulations 2015

Lord Teverson Excerpts

Tuesday 27th January 2015 Grand Committee

[Lord Teverson (LD)]

My Lords, I very much welcome the Minister’s statement and her description of these schemes. When talking of trying to decarbonise power and energy in this country, we always think first of electricity but heating is very important particularly at this time in January—although my wood stove at home was a great comfort to me over the weekend, the solar thermal supply for the shower was perhaps not quite as good. These are really important technologies and it is good that we are continuing to modify these schemes.

I should like to put a couple of general questions to the Minister and then one specific question. I particularly welcome the greater emphasis on the sustainability of biomass, and I do so for two reasons. One is obviously that the sustainability of sources is very important in its own right. The second is that biomass is attracting a lot of criticism from a number of areas—maybe some of it rightly but perhaps some of it not so rightly—and it is very important that biomass’s image and reputation are kept strong and that it remains part of our renewable energy sources in the UK. Only by ensuring that we meet the sustainability criteria will we be able to do that.

One thing that we know—the Minister started to explain this quite broadly—is that, with biomass in particular, the supply chains are global. Much of the supply for some of the very large applications in the UK comes from across the Atlantic and maybe from even further afield—on the other side of the Pacific and from other parts of North America. When those supply chains are as long as they are, how do we know that the sustainability requirements are really met? Do we ever inspect them, or do we just rely on companies to do that? I ask that because I know from other areas of industry that things such as the sustainable forests code have been abused in the past. We know that relatively easy supply chains for food within Europe have not always been as good as they should be, even when the purchasing companies, such as the supermarket chains, have some of the tightest controls—or we thought that they had. I would be interested in hearing the Minister’s comments on that.

Secondly, I have a question relating to the European single market. If businesses want to purchase through other European Union countries, how is this legislation compatible with a single market if we have different standards in the UK? I assume that this has been got over, but I would be interested in understanding how that works.

A more specific question, on which I am not necessarily expecting an answer from the Minister today, relates to CHP. I understand from the Renewable Heat Incentive Scheme (Amendment) Regulations 2015 that, quite rightly, plants established before 4 December 2013 cannot claim back RHI because they were established before this type of scheme started. I understand that entirely. Where a CHP plant is added on to a CHP facility, particularly an AD one, that would be eligible for claiming RHI, but I understand that if that plant was built before 4 December 2013 and the CHP was then added on, it would not be eligible. That is a change of policy, as outlined by DECC following one of the earlier consultations. I know that that has affected certain plants and investment decisions, and I welcome that. As we all know, CHP is a very important late innovation in the UK and we wish to copy our European counterparts due to the success of those sorts of schemes in the past. If the Minister is able to answer that now or in correspondence, I shall be very grateful.

I very much welcome the evolution of this scheme, which I regularly remind people does not affect consumer prices for heat and has no effect on increasing energy prices.

[Baroness Worthington (Lab)]

My Lords, I, too, am grateful to the Minister for talking us through these regulations and for presenting a very clear and informative case for them. I have a number of questions relating to the regulations.

I notice that in the debate in the House of Commons, where these SIs were discussed previously, the Minister responding was a little loath to answer general questions about how the RHI is delivering against its targets. Specifically, when questions were asked about the budget, including the budget going forward, no clear answer came back. I therefore begin by reiterating those general questions to the Minister. Could she tell us when we might expect an update on how the RHI is doing in relation to where we need to be to hit our targets? Could she also give us a sense of when we might hear about how we are going in terms of the budget? Are we underspent or near to an overspend, and what are the budget projections going forward?

On the regulations, we certainly welcome, like the noble Lord, Lord Teverson, the introduction of sustainability criteria for biomass. It is a good idea, and it is very important that we restore the reputation of sustainable biomass. It is very easy to have one rotten apple in the barrel taint the perception of the whole system. It is important that we have transparent and robust information about sustainability and requirements on suppliers to meet those standards.

However, there is a point at which this ever increasing pressure to incorporate every single element of carbon emissions upstream on biomass is unique. It is not something that we do in other fuel supply chains. For example, gas is in the headlines a lot at the moment, and we hear debate about fracked gas versus LNG and versus gas coming from Russia, all of which have a different carbon intensity and carbon footprint, but that fuel supply chain is almost ignored and is not paid the same degree of attention. I understand why, but would just question when we might start to see a slightly more equal handling of fuel supply chains across the piece. Biomass certainly has a role to play in decarbonisation, but it should not be singled out. We ought to apply equal and fair treatment to all fuels, if we are going to pursue this very detailed accounting of upstream emissions.

I certainly welcome the list of suppliers and the department’s attempts to try to simplify this for both end-users and suppliers to ensure that the industry can get off to a good start.

I am also encouraged to hear from the Minister that she believes that biomethane injection to grid could be an important contributor to our renewable heat targets, but I am just curious to know to what extent biomethane is delivering. I imagine that we are now introducing tiered tariffs because there has been a relatively good uptake. What does the department now believe the potential for biomethane is? It would be very helpful to have it as the percentage of the total demand for renewable heat and gases, just so that we can get a sense of how we are doing and what the potential is. We expect that the RHI will uncover information about this market which, as has been said elsewhere, is a world first in terms of creating an open and widely applicable subsidy scheme for renewable heat. We would expect it to deliver quite interesting findings in terms of the least-cost options for decarbonisation. We simply have some curiosity as to where we see biomethane injection as we progress towards our targets.

We support the new powers to cause payments to be stopped and the interventions that are now possible. We have said this before in debates on the RHI. We remain concerned, and hope that the Government share our concern, that we must not see abuses of the RHI. We cannot afford negative headlines in the press about subsidies being abused or any wrongdoing, so it is important that the enforcement and sanctions parts of this intervention are got right. Why were these powers not originally included in the proposals? I am glad that they are there now, but I question why we had not thought through the need to do this earlier. I reiterate that I hope everyone in the department is fully aware of the need to ensure that, even if we take a slightly light-touch regulatory approach, we are very vigilant in ensuring that there is no potential for misuse of the funds, which are public funds in this case, not bill payers’ funds.

I have a question about the overall way we are going to move forward on the RHI. As we have seen from today’s discussions, this is now quite a complex policy area which has many triggers within it, including digressions and abilities to change different levels and to move technologies and bands. During the passage of the Infrastructure Bill through this House, an amendment was introduced by the Government that removed the need for an affirmative resolution for changes to some important parts of the RHI. At the time, I asked the Minister whether it would apply to tariffs and budgets applied to different technologies and whether it was appropriate. I am grateful to the Minister for writing to me on 17 November to confirm that moving from the affirmative resolution procedure to the negative resolution procedure would apply to tariffs for technologies. I reiterate my concern. I do not fully understand why it should be felt necessary to remove this part of the process which allows us to comment on statutory instruments and changes to statutory instruments. In her letter, the Minister said that it was to enable the Government to act quickly, but this is not a particularly slow process. It is an important part of the democratic process that ensures that we get proper scrutiny and an opportunity to question changes. It reassures the industry that due process will be applied to changes which will substantially affect plans for investment.

So again I ask: what is the real rationale for removing this important process? Perhaps it is for no other reason than that we will have fewer of these conversations, and that would be a great shame because I enjoy talking about the RHI. As the noble Lord, Lord Teverson, said, it is refreshing to be talking about something other than power when it comes to energy. I think we should maintain full scrutiny of these changes. This is a complex policy area, but it is an important one that we need to get right.

I am also slightly not reassured by the Minister’s statement that the Government will continue to “engage” properly with industry. I would like to hear a bit more about what engage properly with industry that means. I say that in the context of experience where, for example, on feed-in tariffs for solar, we saw very hastily introduced changes that were not properly consulted, and a great deal of bad feeling was created. If a change to the way we consider these SIs leads to anything like that in this market, it would be a great shame.

I would welcome the Minister’s comments on why we are moving away from the affirmative resolution procedure and, if they continue to pursue the negative resolution procedure, what the Government will do to ensure that they are properly listening to industry and engaging. Other than that, I am happy to support the regulations.