Energy Bill Relief Scheme Regulations 2022 Energy Prices (Domestic Supply) (Northern Ireland) Regulations 2022 Energy Bill Relief Scheme (Northern Ireland) Regulations 2022

Alan Whitehead Excerpts

Monday 14th November 2022 General Committees

[Dr Alan Whitehead (Southampton, Test) (Lab)]

Thank you, Sir Roger. It is a pleasure to serve under your chairmanship.

Having agreed, as we of course should have done, to discuss all these statutory instruments in one go, we have a great deal of ground to cover very quickly in our discussions this evening. I will start my remarks on all the SIs by saying that although the Opposition have a number of concerns about the way the legislation itself was drafted and how the legislation was brought forward—I want to say a few things about that in a moment—we of course understand the pressing need to get the regulations on to the statute book as soon as possible, because of the speed at which all the arrangements have to be undertaken. We therefore do not intend to oppose them this evening, but I have some questions and thoughts for the Minister and I would be obliged if she responded to them, either this evening if she is able to or, if necessary, in writing at a future date.

The first question is about the circumstances in which these SIs have come about. As the Minister will know, they have come about from the Energy Prices Act, but also under particular powers placed in that Act to enable the Secretary of State to do an enormous number of things—to energy licences and various other things—without any further recourse to anybody.

The Minister will be familiar with section 21 of the Act, entitled “Power of the Secretary of State to modify energy licences etc”. It is not clear in that section whether any secondary legislation is required for a number of these modifications, if at all. Consequently, it appears that some of the things that are or should be relevant to our discussions this evening have gone through either in negative SIs—one in particular is on designation of local authorities—or with no reference to this Committee or this House at all.

I accept that that legislation is now on the statute book and it is what we are working with. As the Minister will know, there were suggestions at the time that the elements of the Bill that would allow things in effect to escape secondary scrutiny might at the very least have sunset clauses so that there is recognition of the urgency of the issues that we face at the moment but the provisions do not lie on the statute book for ever; that would enable the Minister to do whatever they wanted at a future date without any reference to anybody.

Considerable concerns have been raised by industry about the nature of these arrangements and what that means for investment certainty. Companies may be concerned that the licence arrangements could be changed—overnight, for example—without any further recourse either to them or to this House. They would consider that potentially to be a bit of a problem in relation to investment certainty for the future. Will the Minister say something not just about the measure we are scrutinising, but about future legislation—

[Ms Ghani]

I am not sure that is in scope.

[Dr Whitehead]

I hope it is in scope, because—

[The Chair]

Order. I have been listening very carefully, and I am afraid it is not. I understand that the hon. Gentleman has concerns about the legislation; that is a matter of judgment. We are here to debate, very specifically, the regulations before the Committee this evening. Were I to allow the Minister to reply to the questions that I think the hon. Gentleman is now seeking to put, that would be out of order. Dr Whitehead, I have to ask you to be kind enough to stick to the regulations before the Committee.

[Dr Whitehead]

I will of course accept your guidance and advice, Sir Roger. I only say that there is so much in the legislation, both primary and secondary, that is either not on the Order Paper at all, or is there in such a way that we cannot debate it, that it is very difficult to stay in order and away from a number of issues that we ought properly to discuss. I hope the Minister can offer some general thoughts on the issues I have raised about how we go about secondary legislation. I hope that that will be in order, Sir Roger.

My second question relates to a letter received by the Department for Business, Energy and Industrial Strategy from the trade body Energy UK, in which Energy UK expressed concern about the arrangements made in these statutory instruments for the energy bill relief scheme, making provision for a price cap for a subset of non-domestic energy contracts. The letter, dated 25 October, stated:

“Our interpretation of the Statutory Instrument is that energy suppliers will not receive financial support from Government to cover the difference between the normal unit rates and the capped unit rates. This seems entirely inconsistent with both the drafting and the intent of the EBRS provisions in the Energy Prices Bill.”

I think Energy UK’s concerns were heightened by the fact that discussions with the Department about the legislation and related matters were conducted under non-disclosure arrangements, with the result that Energy UK found it difficult to discuss its concerns with anyone. I say gently that that is not a helpful way to proceed with secondary legislation, and I hope those arrangements will not be repeated for future discussions.

I had a brief meeting with the Minister for Climate, who kindly enabled a discussion about several aspects of the legislation. I understand from Energy UK and, obliquely, from him, that several changes were made between the issuing of the draft legislation, as seen by Energy UK, and what is before us today. I do not know for certain, because it was all under a non-disclosure agreement, but I understand that amendments were made to overcome the problem that several energy companies whose contracts end during the six months of the energy bill relief scheme might not get the relief after the end of their contracts. I believe that the Minister for Climate was able to ensure that that did not happen, but I wonder whether the Minister for Science and Investment Security can enlighten me on that. I have read the regulations fairly carefully, and although I cannot compare them with the draft regulations, it looks as though several of those holes have been filled.

On my third question to the Minister, I carefully state for the purpose of scope that I am referring to the Energy Prices (Domestic Supply) (Northern Ireland) Regulations 2022. They relate to a scheme document, which is not in front of the Committee but was published alongside the regulations, and therefore I assume it is an essential part our discussion this evening. It is headed “Establishment of domestic electricity price reduction scheme for Northern Ireland”, and it states:

“The attached document, initialled for identification purposes, is the Scheme Document dated 31 October 2022 for the Energy Price Guarantee for Domestic Electricity Consumers in Northern Ireland”.

Unfortunately, Members will not be aware of the detailed content because although it was published, it was not among the documents that we normally have in front of us, such as impact assessments and explanatory notes.

Schedule 5 of the scheme document states that, for the purposes of regulating and discussing the domestic supply scheme in Northern Ireland, the Government will require suppliers of electricity to hand all meter data over to the Government. That meter data, which will be obtained from smart and not-so-smart meters, will encompass all sorts of things, including people’s use of meters and various related analytics. It will be held by Government for 10 years and may be made available to other Government Departments, law enforcement agencies, regulatory bodies, credit reference agencies, debt collection agencies and various other agencies if the Government consider that it may be useful for their purposes.

The data access and privacy framework was produced when smart meters were first rolled out, and I have in front of me a review of it dated November 2018. That review confirms that the framework document from the time of the initial smart meter implementation ensured that the data relating to smart meters was the property of the customer, and could be disclosed to third parties, which in this instance includes the Government, only with their consent.

Clearly, as far as Northern Ireland is concerned, this looks like a straightforward breach of that framework. I accept that the Government intend to use the data for verification of the scheme and various other purposes, but it looks as if they have decided to collect the data without the consent of individual meter holders, and to make use of it for purposes that I think many of them would not approve of. That is germane inasmuch as one of the guarantees given at the time of the roll-out was precisely that the data of those who had smart meters was theirs and nobody else’s.

Hon. Members will recall quite a furore, with some rather lurid headlines in newspapers of a certain pedigree suggesting that smart meters were supposed to be the spy under the stairs, and that people should have nothing to do with the roll-out. Those concerns were assuaged by, among things, the framework being put in place—a framework that it appears the Government are about to drive a coach and horses through with their data collection arrangements in Northern Ireland.

I say Northern Ireland because that is the nation to which the scheme document that we are debating refers. We are not debating the England, Scotland and Wales version of the document; however, for the information of hon. Members, the Northern Ireland document is identical to the England, Scotland and Wales document. Therefore the provisions under schedule 5 for England, Scotland and Wales apply exactly as they do under schedule 5 of the Northern Ireland energy price guarantee document. In terms of scope, Sir Roger, I hope that the Minister will be able to respond on what the Government think they are doing with that schedule and the collection of data and, if time permits, stray into matters slightly outside Northern Ireland, so that we can get a picture of what the Government are doing generally on data collection.

--- Later in debate ---

[Dr Whitehead]

Unfortunately, the privacy notice specifically requires that personalised data, including names, location, meter usage, amount of usage and habits of the person using the meter, be provided. That was in the privacy notice dated in early October and transferred to schedule 5 of the legislation in Northern Ireland, England, Scotland and Wales. That is what the Government are asking to be provided, and that is what I think is in breach of the framework.

[Ms Ghani]

I do not think it is correct that it is in breach, but I will make sure the hon. Gentleman is written to. The motivation is to ensure that, on a case-by-case basis, we tackle any consumers who are deliberately providing false meter readings, including business customers misrepresenting themselves as domestic customers. Those are the motivations behind this measure, but I will ensure that correspondence is shared so that accurate information is available.

A question was asked about fixed-term contracts and the duration of the scheme. All businesses on a non-domestic contract that are on an existing fixed-price contract that was agreed on or after 1 December 2021, people signing a new fixed-price contract, people on deemed, out-of-contract or variable tariffs, and people on flexible purchase, or similar contracts, will be eligible for support until the end of the scheme.

A point was made about the level of engagement and a meeting that took place with the Minister for Climate. I will ensure that any updates are provided in writing. I was not privy to that meeting, but it is good to know that Business, Energy and Industrial Strategy Ministers are making themselves available to all Members from across the House.

A question was asked about wider energy prices. The Energy Prices Act 2022 makes clear when various aspects of it can be used: namely, in response to the current energy situation or directly in relation to the Act. The vast majority of the powers in the Act are time-limited, including the powers to make regulations and any other decisions.

Fundamentally, the Government remain committed to ensuring that consumers receive help with the rising energy costs. These regulations are vital in ensuring that support is delivered this coming winter.

Question put and agreed to.

Resolved,

That the Committee has considered the Energy Bill Relief Scheme Regulations 2022 (S.I. 2022 No. 1100).

ENERGY PRICES (DOMESTIC SUPPLY) (NORTHERN IRELAND) REGULATIONS 2022

Resolved,

That the Committee has considered the Energy Prices (Domestic Supply) (Northern Ireland) Regulations 2022 (S.I. 2022, No. 1105). —(Ms Ghani.)

ENERGY BILL RELIEF SCHEME (NORTHERN IRELAND) REGULATIONS 2022

Resolved,

That the Committee has considered the Energy Bill Relief Scheme (Northern Ireland) Regulations 2022 (S.I. 2022, No. 1106). —(Ms Ghani.)