Question to the Department for Business, Energy and Industrial Strategy:

To ask the Secretary of State for Business, Energy and Industrial Strategy, whether his Department sought legal advice on the removal of appeal rights to an independent body as contained in the draft Domestic Gas and Electricity (Tariff Cap) Bill; and if he will make a statement.

The draft Bill would place a new duty on Ofgem to implement a cap on standard variable and default tariffs. It does not remove an existing right of appeal. Energy companies would be able to challenge Ofgem’s decision on the setting of the cap by way of judicial review, and the Government believes that a Court is capable of considering these matters.

Government Bills are drafted by the Office of the Parliamentary Counsel based on instructions from Government lawyers. We are content that the provisions set out in the draft Bill are compliant with the law.