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

To ask Her Majesty’s Government, further to the Written Answers by Baroness Neville-Rolfe on 20 December (HL3914, HL3915, HL3916), whether the fact that renewable energy is a devolved matter means that they did not have any discussions or consultations with the Northern Ireland Executive during or after the introduction of the Northern Ireland Renewable Heat Incentive scheme; whether advice was given to the Northern Ireland Executive regarding the Northern Ireland Renewable Heat Incentive scheme’s compliance with EU law; and what discussions they have had with the Scottish and Welsh governments regarding their implementation of renewable energy schemes.

The Renewable Heat Incentive Scheme in Great Britain covers England, Scotland and Wales. Section 113 of the Energy Act 2011 contains provisions to enable the Northern Ireland Executive to make regulations to introduce and operate a Renewable Heat Incentive scheme in Northern Ireland. Records suggest officials from the Department of Energy and Climate Change (now the Department for Business, Energy and Industrial Strategy - BEIS) discussed the introduction of these provisions with officials in the Northern Ireland Executive.

BEIS does not hold records of any subsequent discussion with the Northern Ireland Executive in relation to the design or operation of the Northern Ireland Renewable Heat Incentive scheme until March 2016 when the Department of Enterprise, Trade and Investment confirmed the closure of the RHI scheme in Northern Ireland. There is no record of advice being provided on the Northern Ireland Renewable Heat Incentive scheme’s compliance with EU law.

BEIS has engaged closely with the Welsh and Scottish Governments on all amendments to the Renewable Heat Incentive scheme in Great Britain, and informed the Northern Ireland Executive in parallel.