Energy Prices Act 2022 (Extension of Time Limit) (No. 2) Regulations 2026

Lord Moynihan Excerpts

Wednesday 15th July 2026 Grand Committee

[Lord Whitehead (Lab)]

I think that, in fact, our government lectern is higher than the opposition lectern.

[Lord Moynihan (Con)]

For very good reason.

[Baroness McIntosh of Pickering (Con)]

As we are all about the same height at this end, we do not need it. We should not worry about that.

Can the noble Lord write to me—I have asked this on more than one occasion—to tell me whether he, the department and the Government are inclined to look into this? From the point of view of household energy bills, that would make a real difference. If we could move away from renewables so that the application for the BESS in Knaresborough and Scotton is not approved next week, that would make the world a safer place, because my niece has been told that she will have to evacuate in the event of a fire. Knowing how highly combustible and flammable these things are, the world would be a safer place. However, with those few remarks, obviously I approve the SI before us this afternoon.

[Earl Russell (LD)]

My Lords, I thank the Minister for the way in which he introduced these regulations. It is almost like double déjà vu because we have considered the Northern Ireland regulations and we considered these ones very recently. We had a good debate on them last time, so I will be incredibly brief on these. I sincerely hope that the Minister stays in post, because I enjoy working opposite him.

On the regulations, the Government need go on seeking these six-month extensions so that they can continue to deliver these savings, which are important at the moment. We have renewed hostility in the Middle East and increased pressures on the cost of energy, so we absolutely recognise the need for this to be done, and these regulations would extend those provisions from 25 October 2026 until 25 April 2027. I therefore recognise that, in the absence of other primary legislation, there is a need continuously to come back with the six-month extensions.

I welcome that the noble Lord said that his department was working on bringing forward a permanent legislative solution so that we do not need to continue doing this. Can we expect that in the energy independence Bill, or is the expectation that it would need to be a stand-alone piece of legislation?

I made all the broader points I need to make on this SI when we debated it previously, so I will not rehearse those again. The Minister knows where I stand on a need to reduce energy costs, and on some of the ideas that I believe in and which my party has put forward. I wanted to ask about the situation in Northern Ireland, on which the Minister kindly updated us. I welcome that his department has been working with the Northern Ireland Executive, and I hear what he says: that has been enabled and has entered into force. If there is anything else on the Northern Ireland situation that the Minister might choose to add, that would be welcome. Other than that, we support these regulations, we will not stand in their way, and I thank the noble Lord.

[Lord Moynihan (Con)]

My Lords, I declare my interest as chairman of both Amey and of Acteon subsea engineering company, which works on offshore wind and oil and gas around the world, and as chairman of Buckthorn Partners, all of which are involved with energy transition.

I am very grateful to the Minister for the introduction of what is, I hope, the last SI before the Recess. I echo the comments made by my colleagues about the way he always handles the Committee with respect and responds to as many questions as he can in the time available.

I hope that the Government will not continue to keep propping up the renewables obligation to the Exchequer with secondary legislation. The point has been made that it is also important that we have proper scrutiny of it through the introduction of primary legislation. I say to my good friend, the noble Earl, Lord Russell, who is the Liberal Democrat spokesman, that I have no doubt that there will be plenty of room to handle this matter in the so-called energy independence Bill. It is fast becoming a Christmas tree Bill. I would not want to be on that Bill Committee; it must be the worst job in DESNZ at the moment, because it is being written and rewritten. I hope that the clauses about banning licensing in the North Sea have now been removed, in advance of the new government leadership—we will see shortly—but this would be a good opportunity for this specific point to be remedied in primary legislation.

--- Later in debate ---

[Lord Moynihan (Con)]

My Lords, I apologise for the interruption due to the vote. I was simply going to give the Committee one example of the consequences of overreliance on renewables.

On 23 June this year, NESO, the National Energy System Operator, faced severe supply constraints caused by high electricity demand for cooling during an extreme heatwave, combined with—this is important—low wind generation at the time, unplanned gas plant outages and network constraints. These factors cause the grid frequency to fall below the normal operating limits. It should have been reported to Ofgem immediately. I ask the Minister: why was it not reported to Ofgem on the day or early the following morning?

Many other important aspects related to this matter are outside the scope of this SI, so I will either write to the Minister with specific questions or potentially table them in a Written Question. This was an exceptionally important moment for the grid, and it appears that there were many problems associated with it: control room engineers being forced to take emergency action without it being reported; allegations from whistleblowers that the grid came closer to blackouts than was reported; and senior corporate staff instructing control room engineers to avoid making or preserving permanent paper trails of their operational decisions. All of that would be wholly unacceptable; I know that the Minister will share in my condemnation of those working practices.

In closing, I revert to the point that I made at the outset. I sincerely thank the Minister for always being so gracious, receptive, polite and engaging. I wish him a good break. I hope that he will still be in his place when he comes back from the Recess, because I anticipate that the energy Bill will take up a good deal of our time in the next 12 months, and I hope that he will be a renewed voice of influence in the U-turns that Andy Burnham will be making to energy policy. I am very grateful to him for everything that he has done and the courtesy that he has shown me throughout. I attribute those comments also to the noble Earl, Lord Russell, because he has always been similarly engaging in these debates during the current Session. These have been an interesting and appreciated six months back in the job. I look forward to the following year and working with the Minister.

[Lord Whitehead (Lab)]

I thank noble Lords for their constructive contributions and hope they will forgive me if I do not tarry too long in my closing speech and try to give a detailed response to everything that has been put forward. They are all very valid points but, among other things, we have a vote in about 20 minutes. I will certainly write to noble Lords on those points.

In particular, I am happy to write to the noble Baroness, Lady McIntosh, on standing charges. I have thought about this a great deal, but the issue is fraught with practical difficulties in how you do it. As the noble Lord pointed out, everyone has to pay for something somewhere. The question is what sort of equity you put in place if you are removing standing charges. A standing charge that goes on people’s bills as a block might be more properly allocated in terms of who pays for what and where. It is not a question of just taking standing charges away but of making sure that people are properly remunerated for network costs, distributed costs and all those sorts of things in a different way. That will be part of the content of my letter.

The noble Baroness is also sort of right to say that this measure is having the effect of taking charges off bills and putting them on to the general taxpayer. I would not exactly call it smoke and mirrors, but a charge will continue to be levied. However, there is one important point in this change that I hope noble Lords will consider. This changeover has an effect on the energy price cap each time round; changing billing from the levy to the general taxpayer means that the energy price cap is lower than it would otherwise be, which really is a saving for energy customers. As we can see, that is what has transpired as a result of these changes.

The noble Earl, Lord Russell, asked about the situation in Northern Ireland. I am grateful to him for being brief, as I know he has concerns in a number of other areas. If he has any further concerns, I am sure we can take those up. As far as Northern Ireland is concerned, my understanding is that everything is now complete. We have had the legislation through to enable the Northern Ireland Executive to put their own scheme in place, which they are now doing. The net benefit is going to be less, about £30 per customer, because of the different circumstances in Northern Ireland, but there are now no impediments in the way of that scheme being fully funded by the Treasury and fully operational under the aegis of the Northern Ireland Executive. That process is completed.

I assure the noble Lord, Lord Moynihan, that the costs of operating this will be very small. It involves small administrative changes and no large costs will be outstanding from them. He mentioned NESO, the frequency response and the margin call that was made recently. I can assure him that, as far as the narrow version of events is concerned, there are active inquiries under way as to what happened on that occasion which NESO is undertaking as we speak.

[Lord Moynihan (Con)]

In the interests of transparency, will the Minister write to us with the outcome of that report, so that this Committee, and indeed the House, are fully apprised of what happened that day and the actions being taken?

[Lord Whitehead (Lab)]

Yes, I am very happy to do that, but I anticipate—I do not know whether the noble Lord has this actively in mind—that we may have an Urgent Question coming on this, so we may be able to start talking about it at that point.

On the wider question of frequency response, it is true that, as far as having a substantially renewables-based system is concerned, the possibility of wider perturbations in frequency is something that one has to consider. That is why, among other things, as he will know, there have been regular auction calls for frequency response mechanisms which can be brought to bear to make sure that those perturbations are very rapidly brought under control, because it is a question of more than 50 megahertz on either side of the 400 barrier. When it goes down too low, you have to intervene. Those frequency response mechanisms can do that very efficiently and have done it very efficiently. Therefore, there was no question that we were beyond the buffer as far as that margin call was concerned. That may be something that I add to my correspondence with the noble Lord.

Tackling affordability is the Government’s number one priority, and we acted at last year’s Budget by taking, on average, £150 of costs off energy bills, with those decisions now factored into bills for three years to come, as I have said. The recent price cap announced by Ofgem will be deeply concerning news for families. We understand that developments in the Middle East are concerning, and we will continue to monitor that situation ahead of winter and plan for contingencies. Should there be any further action relating to what is happening in the Middle East, it may well be that the Energy Prices Act 2022 comes to the rescue, as far as any of those measures are concerned. We will keep that under close review, and let us hope that things work out in a good way, but the Government will certainly keep a close eye on it should things not work out as well as we hope.