Caroline Flint
Main Page: Caroline Flint (Labour - Don Valley)(9 years, 8 months ago)
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Caroline Flint (Don Valley) (Lab)
I beg to move,
That this House believes that consumers have a right to be treated fairly and be confident that energy companies will meet their obligations and provide good services; further believes that where companies breach these obligations, decisive action should be taken to put things right and prevent further breaches; notes that since 2001 Ofgem has imposed at least 31 fines totalling at least £90 million; further notes that despite these financial penalties energy companies face another 11 investigations with four additional cases at informal review stage; further notes that the regulator already has the power to revoke energy companies’ licences in certain limited circumstances, but not where energy companies comply with a penalty notice and then commit further breaches of their licence; and therefore calls on the Government to provide the energy regulator for Great Britain with a new statutory power to revoke energy companies’ licences where there are repeated instances of the most serious and deliberate breaches of their licence conditions which harm the interests of consumers.
The Minister for Business and Enterprise is not in his seat, but I do want to welcome him and the Under-Secretary of State for Energy and Climate Change, the hon. Member for Hastings and Rye (Amber Rudd), who is present, to their new posts and wish them well for what I hope and expect will be their remaining eight months in office.
This summer, while those who occupy the Government Benches succumbed to infighting and some introspection, my right hon. Friend the Leader of the Opposition and my hon. Friends in the shadow Cabinet set out the choice facing the British people at the general election in 2015. We set out a picture of a Britain where public service is valued, but reform is ongoing; where fiscal discipline is matched by fairness; where aspiration is embraced, while no one is left behind; where individuals can thrive and excel, but community solidarity is not forsaken; and where new businesses and new jobs are encouraged, in markets that have fair rules, obligations and rewards. It is to that theme, and to the announcement I made in my speech on the energy market in August, that I wish to return today.
The facts speak for themselves. Under this Government, energy bills have risen by over £300—twice as fast as inflation, four times faster than wages and faster than in almost any other country in the developed world. It is faster, too, than under the previous Government; in fact, the rate of increase since the last election has been three times faster compared with the period between 1997 and 2010. Now I know the Secretary of State likes to cherry pick the dates when he compares our record with his, but even when we only look at the final five years of the last Government, in real terms energy bills have still risen by a greater amount in each year under this Government. The reason why bills have risen—and will continue to rise, unless something is done about it—is that the energy market is broken.
Mr John Redwood (Wokingham) (Con)
Will not the right hon. Lady admit that one of the main reasons why our bills are higher than those in many other parts of the world and have risen more is the policies introduced by the last Labour Government to over-green our energy and leave us short with dear energy?
Caroline Flint
No, I do not accept that. We can clearly see that where wholesale costs have fallen the public as the bill payers have not seen a reduction in their bills—this has nothing to do with other aspects asked of these companies in terms of helping to tackle fuel poverty or helping to support the renewable sector—but when wholesale costs have gone up, the energy companies, and in particular the big six, are quick to remind everyone that is because their costs have risen. We expect the reverse to happen when wholesale costs go down.
As I said, the reason bills have risen is that the energy market is broken. We have already set out a number of proposals that we will put in place if we are elected in eight months’ time: an energy price freeze until 2017, saving the average household £120; all those over the age of 75 put on the lowest tariff; a ring fence between the generation and retail arms of vertically integrated energy companies; a pool for all electricity to be traded in, and greater transparency for trades in the gas market; and a tough new regulator with new powers to police the market and protect consumers, including new powers to protect off-grid households and small businesses, and to force energy companies to cut their prices when wholesale costs fall if they do not do it first. All of these proposals have been put before the House, but Conservative and Liberal Democrat Members have voted against each and every one of them.
The Secretary of State for Energy and Climate Change (Mr Edward Davey)
If Labour were to be elected at the next election, would it make the changes the right hon. Lady mentions ahead of the reporting of the investigation by the independent Competition and Markets Authority?
Caroline Flint
Of course some of the issues the CMA is looking at are the very issues we have been raising for the last two to three years, so I have welcomed the CMA review. As I have said in public already, it is working out quite well, because the CMA review is, in terms of when the clock started ticking, scheduled to finish around December 2015; it has 18 months in which to do its inquiry. If we get elected next year, our plan is to publish a White Paper, having taken through emergency legislation on the price freeze, and we can see a very good way that our White Paper and proposals can dovetail with the discussions happening with the CMA. In fact I am very open to the fact that the CMA may come up with further proposals that need to be addressed. So I do not fear the CMA; I welcome it. But what I do believe very strongly is that whatever reviews are being undertaken by the CMA, that should not paralyse politicians and those in government from doing the right thing.
Caroline Flint
I really think the Secretary of State is clutching at straws here. We believe very strongly—this is why we set out a Green Paper for energy market reform—that we have identified and tapped into some answers as to how to reform this market. I have to caution the Secretary of State. He may be surprised, if he asks his advisers, and perhaps speaks to some of the energy companies, how in a number of areas they welcome some of our reforms. So he needs to be a little more cautious about putting down Labour’s proposals. A number of them command respect across this House—even though it might not be said publicly—and, actually, in the energy sector as well.
Henry Smith (Crawley) (Con)
Would the right hon. Lady not concede, however, that part of the problem with competition in the energy market was the creation of the big six energy suppliers, which of course took place under the last Labour Government?
Caroline Flint
The hon. Gentleman should also be aware that it was John Major as Prime Minister who took through the changes that enabled those who generate and those who supply to merge their businesses. The result was we saw a number of companies—14, I think—decide they wanted to generate and supply and the big six arose out of that. However, whatever has happened under Labour or previously under the Conservatives in terms of privatising this market, I hope we can all agree that the ambitions for how that market would work after it was privatised have not been realised in the way some of the architects of privatisation perhaps thought they would. As I have said, we cannot let the past paralyse us from changing what needs to change. That is why we have put forward a number of very practical recommendations, which, sadly, have been voted down by the coalition Government time and again.
As to today’s motion, we propose one measure on which I personally find it hard to believe we cannot agree: a new power for the regulator to revoke energy companies’ licences where there are repeated instances of the most serious and deliberate breaches of their licence conditions which harm the interests of consumers. As the motion notes, consumers rightly expect to be treated fairly and to be confident that energy companies will meet their obligations and provide good services. Where companies breach those obligations, decisive action should be taken to put things right and prevent further breaches. So where the regulator has taken action, we have supported it, and where the Government have introduced sensible new measures, such as criminal sanctions for market manipulation and consumer redress orders, we have supported them. Indeed, in the case of consumer redress orders, we urged the Government to go further, because at the moment if any malpractice that happened before 2013 comes to light, the regulator will have no legal power to impose a consumer redress order.
Albert Owen (Ynys Môn) (Lab)
Does my right hon. Friend agree that in addition—I repeat, in addition—to strengthening the powers of the regulator, we need some simple consumer protection law so we can make reference to it and do not have to have 18-month inquiries? People are getting ripped off every single winter and these often long inquiries do not help those people.
Caroline Flint
I absolutely agree. One of the problems with the lengths of these inquiries, and a reason why we need greater clarity—and, I would suggest, greater deterrent factors within the conditions under which these companies operate—is that time gets lost. By the time all the lawyers have got together and everything else—and by the time, perhaps, that the company is found guilty of the offence—we lose momentum in making the change that needs to happen.
The timing of the inquiries is important, but a culture change is also needed. We need to address whether the inquiries are hampered by the energy companies responding too quickly by setting their lawyers on to the matter and deterring effective action and preventing justice from being seen to be done.
It is in a spirit of constructiveness that we present our proposals today. We believe that they are eminently sensible, and we hope that the Government will offer the same constructive approach as we have offered on numerous occasions in the past. The best way of protecting consumers is not to provide a redress framework—much needed though that is—but to prevent companies from ripping people off in the first place. At the moment, too many energy companies operate at the margins of what the rules allow, because they know that they will often not be caught. Even if they are caught, the penalties do not present enough of a deterrent. Too often, energy companies seem to view the regulator’s fines as a cost of doing business, and not as a warning that they should get their act together.
Information provided to me in answer to a written parliamentary question shows that, since 2001, Ofgem has issued at least 31 fines totalling at least £90 million. On top of that are the informal cases that the regulator has dealt with, in which, even though no formal fine or notice was issued, action was taken and in some cases financial measures ensued. If we were to add on those cases, the total would be in excess of £100 million. For companies with annual global turnovers running into tens of billions, that is still some way from the maximum fine that the regulator could have imposed. Nevertheless, it is clearly not an insignificant amount.
Kerry McCarthy (Bristol East) (Lab)
Does my right hon. Friend agree that, no matter how large the fines might be, they are likely simply to be passed on to consumers through their bills and that they therefore do not act as a deterrent to the energy companies at all? In fact, fining companies penalises the customer, so we need to find an alternative to the fining regime.
Caroline Flint
I could not have put that better myself. There is no evidence that the shareholders or managers of the companies take a hit in terms of the benefits they receive; the cost of the fines is often absorbed back into the pot that the bill payers have to pay.
We have heard about the 31 investigations and about the fines that have been imposed. The Secretary of State might claim that this is a sign of success and evidence of a tough new regulatory environment, but that would be true only if there were evidence that companies had changed their ways and that the fines had deterred them from breaking the rules again. The evidence shows that they have not learned their lessons despite all the previous fines and penalties. Information that I have obtained under the Freedom of Information Act reveals that those firms are now facing another 15 probes into poor customer service, incorrect billing and other bad practice. No company has a God-given right to be in the market, to charge its customers and to make a profit just because it has always done so—least of all, those that inherited millions of customers from before the industry was privatised and opened to competition.
Today’s motion proposes a new power for the regulator to revoke energy companies’ licences when there have been repeated instances of the most serious and deliberate breaches of their licence conditions that harm the interests of consumers. Of course, any decision to revoke a licence would have to be subject to due process and to be consistent with the regulator’s overriding objective of protecting consumers and promoting a competitive, transparent and fair energy market.
This proposal would build on best practice from regulators overseas. In some parts of the United States, energy regulators already have the power to revoke an energy supplier’s licence. The Pennsylvania Public Utility Commission, for example, has the power to revoke a supplier’s licence if it breaks consumer protection law or transfers customers without their consent. That sends out the clearest possible message to energy companies that if they carry on mistreating their customers, their licence will be on the line. That strikes me as a pretty common-sense measure.
I hope that the Secretary of State will be able to support our motion today. I say that because when I announced this proposal in August, it was telling that the Government did not put anyone up to discuss it on television or on the radio, and that no Minister commented on the proposal. All we had were anonymous quotes from a Conservative spokesman and a Liberal Democrat source, and between them they could not muster a single good reason not to support the measure. All they seemed to suggest was that Ofgem already had this power, which is simply not true. I have discussed the issue of non-financial penalties with Ofgem and written to it about our proposal, and it has made it absolutely clear that this would be a new power. Indeed, the statement that it issued on the day of my announcement began
“Ofgem is always interested to work with government on any new powers or refinements to existing powers which would help to further protect consumers.”
As today’s motion notes, the regulator has limited powers to revoke licences in certain specific cases, but they are largely of an administrative nature—for example, if a company goes into administration, if it gets a licence but does not supply any gas or electricity in the following year, or if it does not pay a fine.
Caroline Flint
I will come to that in the next part of my speech, and I am sure that I shall be able to answer that question. That would be a matter for the regulator, given its present powers to revoke a licence. At present, it can revoke a licence only in certain conditions, and I do not believe that those conditions are sufficient to meet today’s challenge of making the market more consumer-focused and more competitive.
Crucially, at the moment companies can break the rules and get punished for it—in the form of either a fine or an order to change their behaviour in some way—and as long as they comply by paying the fine or following the order, the slate is effectively wiped clean. At no point can the regulator say, “Enough is enough; you’ve broken the rules too many times and now your licence will be revoked.”
Andrew Gwynne (Denton and Reddish) (Lab)
Is this not precisely where the Secretary of State is missing the point? My right hon. Friend will know that since 2001, 31 fines totalling around £90 million have been imposed, and that another 11 investigations are in the pipeline. Is this not precisely the reason that we need to give additional powers to the regulator—to stop this bad practice?
Caroline Flint
Absolutely. As I have said, the regulator cannot at any point say, “Enough is enough.” That is the key difference between what we are proposing and the status quo. Our proposal would deal with the problem that we have seen in the past, wherein companies are allowed to get away with repeatedly breaking the rules in slightly different ways, or breaking different rules, without fear of losing their licences.
Clearly, the intention behind this policy is to encourage companies to treat their customers better, and the best outcome would be if the power never needed to be used. But if the regulator did decide to use it, the provision would need to have a clear legal basis, almost certainly set down in legislation, in order for it to be exercised with confidence. Otherwise, the threat of legal challenge would probably prevent it from ever being used. That is why it is important that this new power should be clearly put into law, just as the existing power to fine a company up to 10% of its global turnover has a clear basis in law. This would undoubtedly represent a significant addition to the regulator’s powers, and there are important questions about how it would work and about its implications, which I want to address before I finish.
I want to make it clear from the outset that the regulator would remain operationally independent and free from any interference from Ministers. Any decision about whether to revoke a supplier’s licence would be made by the independent regulator alone, but, like all economic regulators in the UK, its functions and powers are defined in statute. What we are debating today, therefore, is not whether any particular company deserves to lose its licence, but whether the regulator should have the power to make that decision, if it thought it necessary. We think that it should have that power.
The process itself would also be very similar to the existing enforcement process, except that, at the end, the regulator would have the power to revoke a supplier’s licence. In practice, an investigation of an allegation of a breach of the rules would begin and the normal process would follow, with a period of information gathering, investigation and notification of the supplier concerned. If the regulator believed at the end of the process that there had been a breach of the rules that had been serious and deliberate and had harmed consumers, and if there had been repeated instances of such behaviour in the past, under our proposals it would have the power to revoke a supplier’s licence in the same way as it has the power to impose a financial penalty or make a consumer redress order. Within the existing enforcement framework there would be clear guidelines for energy companies and a system for appeals.
In the event that a supplier lost its licence, it would mean in practice that it was no longer able to operate as an energy supply company. Let me make it clear that at the moment, companies wishing to supply and generate energy or supply and distribute energy require separate licences for each activity. We have already proposed that vertically integrated energy companies would have legally to separate their generation business from their supply business, and that as a result any decision to revoke the licence would apply only to the licence in question and not to other licences the parent company had. There would be a notice period between the decision to revoke a licence and its coming into force that, by law, must be no less than 30 days. During that period, the company would have to arrange for a trade sale for another supplier to take on its customers.
Energy companies already market and compete to win new customers. Acquiring new customers in such a way would represent a valuable commercial opportunity and avoid the normal acquisition costs. Small suppliers might wish to expand, and if a significant number of customers were available, new entrants might enter the market. In the event that a trade sale is not arranged, the regulator has the power to appoint a supplier of last resort and the rules are in place to ensure that any consumers who are moved to another supplier are protected. Either way, the supply of energy would continue as normal.
This is what I mean by a tough new regulator overseeing a market that works for consumers, not just the companies in it.
Mr Davey
I am grateful to the right hon. Lady for giving way. She is explaining her policy and asking the House to say that this is needed because of things going wrong in the market and because energy companies keep treating their customers badly. I have some sympathy with that observation and shall make some comments about it. However, as she is asking for a new power, surely she has to give an example of where the power would have been used in the past. She is saying that the power is needed because companies are getting away with things at the moment and that the power would have been used in certain circumstances, but can she give us an example?
Caroline Flint
It is already on the statute book that the regulator has the power to fine up to 10% of the global turnover of any company. I might need to go back and check, but I believe that nobody had to prove that that had been used anywhere else before the power was put on the statute book. The Secretary of State is following a ridiculous line of argument. In recent years, a number of instances have led to investigations and fines and have shown repeated evidence of ways in which customers have been let down. We are saying that that is not good enough and that there has to be the ultimate sanction of companies losing their licence. That is the proposition. The detail needs to be discussed before it is put into law. I have been up front and honest about that, but I find it hard to believe that the Secretary of State has seriously set his face against the proposition.
Yasmin Qureshi (Bolton South East) (Lab)
Is my right hon. Friend as perplexed as I am about why the Government seem to have a problem with the ultimate sanction that we can impose against any company, which is to take away its licence? There is no point in asking what examples we can give, as the Opposition are saying that the power should be there so that if the regulator finds that the breaches are sufficient, the ultimate sanction is available to it. I am surprised, and I am sure that my hon. Friends are, too, that the Government are resisting.
Caroline Flint
I absolutely agree. I can hear the Secretary of State saying over and over that it is already available—[Interruption.] Obviously, he has his brief and has not been listening to my speech. As I have outlined clearly and as has been confirmed by Ofgem, the regulator can revoke a licence when a company is going into administration or is insolvent or when it fails to supply gas or electricity, but what is missing at the moment is the ability when there are repeated offences that act against the interests of consumers to take the ultimate sanction and revoke the licence.
Huw Irranca-Davies (Ogmore) (Lab)
I want to try to assist the Secretary of State. My right hon. Friend has rightly said that this will very much be an option of last resort—an ultimate sanction—that we hope will never be used, but the fact that the sanction is available should influence the behaviour of the companies and their investor backers. When an investor community sees that the credit rating of a company that has to gear itself appropriately in the market is jeopardised by a series of serious breaches, we can bet our bottom dollar that they will be banging on the doors of the corporate boardroom saying, “Get your act in order.” It is not a case of when the sanction will be used, as we hope that it will not be. Does my right hon. Friend agree that what is important is the deterrent effect, the cooling effect on reckless decisions in the boardroom, and the good behaviour that that will drive through the investor community into those companies?
Caroline Flint
I absolutely agree with my hon. Friend. The question we should be asking the energy companies is, “Why would you be afraid of this?” The question we have to ask the Secretary of State is, “What is his problem?” [Hon. Members: “What is he afraid of?”] What is he afraid of? It is quite ridiculous.
David Mowat (Warrington South) (Con)
I thank the shadow Secretary of State for giving way and applaud the concern for the investor community shown by the hon. Member for Ogmore (Huw Irranca-Davies). Apparently, in the past 10 years the venal behaviour of energy companies has not been sufficient for this power to have been exercised. For the purposes of clarity, will the right hon. Lady give an example of what behaviour she believes should cause a licence to be revoked? I am sure that the investor community, which we are so concerned about, will be interested, and I and others would be interested in examples of the sort of thing that would cause this power to be used.
Caroline Flint
Of course, Ofgem already has codes of conduct in which it outlines ways in which it would investigate a company. For example, let us consider some of the investigations over the past few years. We have had investigations of mis-selling, billing systems, predatory pricing and disadvantaging certain customers, such as those who have prepayment meters, and situations where people had been inhibited from changing supplier. Ofgem already has set thresholds and codes of practice that enable it to launch a formal investigation and set out clearly what areas it is considering, but the problem is that if a company is found guilty of any of the examples I have just given, that can basically result in a fine or some sort of consumer redress order. What Ofgem cannot do is revoke the licence. When there are repeated examples of companies failing to take action, when they might have been fined, and when they have put their hands up and said that they would do the right thing only for it to happen again, Ofgem cannot say, “I am sorry, the slate will not be wiped clean. You must account for your activities and that includes when you have repeatedly undermined your customers.”
As I said earlier, and I repeat this sincerely to the hon. Member for Warrington South (David Mowat), it seems to me that the problem is that when we look at the fines—£90 million over the past few years is no small amount of money to most people, but it is a pittance by comparison with the overall amount of money these companies make—it sometimes comes across as though paying the fines is just the cost of doing business. That is not good enough.
Roger Williams (Brecon and Radnorshire) (LD)
Surely the real deterrent for any company operating in the energy market is the loss of customers. We should be encouraging Ofgem to up the fines and increase the publicity, because the loss of customers will have an effect on investors.
Caroline Flint
I think there has been quite a lot of publicity about the fines, but what the hon. Gentleman says is interesting. The rules currently allow Ofgem to fine up to 10% of the company’s global turnover, which is a lot of money. I am not against Ofgem looking at whether it should be increasing the amount it fines, but I do think the ultimate sanction is about revoking a licence, because in such circumstances customers would have to be found a new supplier for their energy. Currently, that is exactly what Ofgem can do if a company goes into administration or if it fails to deliver gas and electricity to people’s homes. Is it not bizarre, however, that it cannot do this where there have been repeated offences against consumers through harmful customer practices that not only undermine trust in the energy market but, more important, make customers pay a heavy price?
Nic Dakin (Scunthorpe) (Lab)
I commend my right hon. Friend for her leadership on this issue, because that is what this is about: leadership in shaping the future, not looking back to the past, as such an approach is failing our business and domestic energy customers. I commend her for the way in which she has set out this case so clearly, and I am looking forward to the answer from the Secretary of State.
Caroline Flint
I thank my hon. Friend for his support on so many occasions when we have tried to put forward common-sense, constructive solutions to some of the problems that all in this House know exist in this energy market. Some will wrongly try to characterise our proposal as somehow anti-business—it is not. For one thing, businesses, especially small firms, have often been as much on the receiving end of the energy industry’s sharp practices as households. For another thing, if energy companies do not want to be at risk of losing their licences, all they have to do is treat their customers fairly and properly. More importantly, there is no such thing as a market without rules. It is difficult to think of a more vigorously free-market capitalist economy than the United States, but regulators there understand that a free market works only when there are proper rules to ensure competition and fair play. As Matthew D’Ancona said recently in his article in The Sunday Telegraph, capitalism must be
“tempered by the recognition that markets exist within a structure of laws and a social order.”
That is what I want for households and businesses in Britain.
Mike Kane (Wythenshawe and Sale East) (Lab)
I compliment my right hon. Friend on an excellent speech. I disagree slightly with my hon. Friend the Member for Scunthorpe (Nic Dakin), in that this is about the past. When the landed aristocracy of the Conservatives in the 1860s were controlling the bushels of wheat, it took a Mancunian MP, Richard Cobden, to form the Anti-Corn Law League, which eventually brought in free trade and a free market so that working Mancunians and working people across this country could afford bread to eat. I also remind Government Members that that eventually led to Peel falling.
Caroline Flint
I thank my hon. Friend for his contribution, and I have two points to make. First, I have found it incredibly helpful, in undertaking this brief for the Leader of the Opposition, to take a little time away from the day-to-day things and have a look back at some of the decisions made over many decades, both before and since privatisation. That is why I believe our proposals in so many areas meet the test of what we need today, learning from both what worked and what did not work in the past. That is good politics as far as I am concerned.
The second point relates to what is so exciting about the future of the energy market. There was a time when many local authorities were more involved in the delivery of energy, and the exciting thing is that as well as having new entrants from other parts of the business community, there is the opportunity to open up much more the roles for local authorities and other community organisations to supply and generate energy in the future. To get that right, we have to sort out the corporate problems that we are facing today. That is the choice today’s motion puts before the House.
We have debated energy prices and the energy market many times in this Parliament. There have been times when we have agreed across these Dispatch Boxes and others when we have disagreed, but I hope the Secretary of State will put aside the areas where we do not agree and do us the courtesy of engaging constructively with this specific proposal. If he does so, I believe he will see that it is worthy of support and would be to the benefit of consumers in this country. I commend the motion to the House.
Mr Davey
I will explain to the House that under current rules licences can be revoked, and I will deal with these issues. I am admitting that this a good debate to have, because there is a problem—nobody is suggesting otherwise. But, as always, the question is: what is the best way to deal with that problem? What is going to work? What is the best way to crack down on this to punish firms that get it wrong? In essence, we can use three tools: competition; regulation; and technology. The right hon. Member for Don Valley has focused on regulation, and I want to address her proposal in detail, for tough regulation certainly has a vital role to play in holding companies to account. However, I regret that her motion and her speech totally failed to mention competition and technology—those were not even mentioned once. That is a serious mistake, which the Opposition keep making. For many of the smaller suppliers now competing—
Caroline Flint
Does the right hon. Gentleman accept that in different ways the Opposition have put forward motions for debate in this House where we have engaged with competition? In my speech I mentioned a number of our proposals to create a pool to separate the energy generation and supply side. Today, we have tabled a motion that tries to identify a particular problem. We have done that because we think it is the right thing to do, and we find it hard to believe that we could not get the full support of the House on this one issue.
Mr Davey
When a Welsh MP gives a rugby analogy, one should be careful. However, I will address that point, because I have a lot of sympathy with what the hon. Gentleman is saying. I am grateful that he at least recognises that competition has a role to play. Technology also has a key role to play. The smart meter roll-out, for example, will be crucial in tackling some of the issues that consumers complain most about, especially inaccurate bills. Smart metering will help us to address even more problems faced by prepayment meter customers and it will enable 24-hour switching. So technology and competition are important in addressing these matters, and we need to have them on the table.
Despite those differences, there is no disagreement between parties over the importance of the regulation tool. Strong regulation has a vital role to play in protecting consumers. The previous Labour Government recognised that, and set up Ofgem. Indeed the Leader of the Opposition, when he was doing my job, reformed Ofgem to give it more powers to protect the consumer. He chose not to give it the power that the right hon. Lady wants, but we will leave that aside for the moment. This Government recognise the role regulation has to play for customers, which is why we have strengthened it. We have ensured that when an energy firm is fined and punished, the money does not just go to the Treasury. Customers who have been wronged are now properly compensated; we have put money in their pockets. We are even introducing criminal sanctions into the regulatory armoury. In the future, if an individual is found guilty of manipulating the energy market, they could go to prison.
Caroline Flint
Will the Secretary of State admit that even when fines are imposed, the money does not always go back to the victims? In some cases, it has gone to other groups of customers. Will he now correct himself and say that it does not always go to the victims of the problem under investigation?
Mr Davey
Before the implementation of the powers in the Energy Act 2013, some redress schemes were on a voluntary basis and the money did not always go to the individual customers who were wronged. The real intention of the new powers is that money will go to the customers. There will be proper consumer redress. That did not happen before. Under us, it is now happening. I repeat what I was saying before the right hon. Lady intervened. This Government are passing rules that stipulate that people who manipulate energy markets could go to prison. No one can accuse this Government of being unwilling to use the regulatory tool in the toughest way possible on behalf of consumers.
The right hon. Lady’s motion is focused not on regulation in general, where there is agreement, but on one new regulation. No, that is not quite true. I apologise, Madam Deputy Speaker. Her motion states quite clearly that it is focused on reforming an existing regulation—changing an existing power. Currently, Ofgem can remove a company’s licence. In other words, the regulator can now shut down a company. The regulator already has the power effectively to say to a company—its employees, customers, suppliers and shareholders—“What you have done is so bad that you can no longer trade.” It is a tough power, and rightly so. It is what we might call the “nuclear” option, because the consequences are severe for the customer as well as for the company.
Let us imagine that the nuclear option is taken by the regulator. It does not matter whether we use the current carefully designed system, which I will describe later, or the more arbitrary system being proposed by the right hon. Lady. The time spent preparing to use this nuclear option will be critical. Under the current situation, because of the ratcheting up, contingency arrangements could be put in place. If things are done more quickly and directly, as the right hon. Lady wants, there could be chaos. It would be bad for the staff, as there would be a significant loss of jobs. It would be bad for consumers, as they would have to be switched to another company or companies very quickly. That is not easy, not even in 30 days, without real difficulties and challenges. If it were a large firm that was being closed down, it is likely that only other large firms would be able to absorb that number of customers quickly. The result is that Labour's big six would become Labour's big five—genius!
Caroline Flint
Does the Secretary of State agree that the grounds on which Ofgem may revoke a licence do not contain any mention of consumers, or even the word “consumer”, or tackle the issue of repeated offences of harmful, abusive behaviour in customer practice?
Caroline Flint
Does the Secretary of State remember that I said that of course Ofgem can revoke a licence if there is a failure to pay a fine? The problem is that, once the fine is paid, there is nothing in the revocation terms to enable Ofgem to find against the company if there are repeated offences. That is the clarity that we need in law—not to wipe the slate clean.
Mr Davey
The right hon. Lady should allow me to explain the current system, because I think she will find that a failure to comply with a final order can result, in extreme circumstances, in revocation. It is the process leading up to the issuing of the final order that she does not seem to understand, so let me deal with it.
Under the right hon. Lady’s proposals, the nuclear option has considerable—potentially large—negative consequences for competition. Just think how the customers would feel. Would the confusion and hassle of a forced move make them feel any better? Other companies would need to take on those customers, and that means changing tariffs, with consumers possibly paying more. All those issues would need to be worked through at a chaotic moment. It is quite right that the current rules limit the circumstances in which the nuclear option can be used, and the process that Ofgem would effectively have to go through before it can be invoked. Indeed, Parliament, under the previous Government, set the bar for the nuclear option quite high. The list of circumstances in which the power can be used includes a variety of things, from the failure of a company to comply with a final order from the regulator, to a company’s making false statements when applying for a licence, to a firm’s not paying a financial penalty.
The right hon. Lady is proposing to lower the bar for the nuclear option. Labour now wants to amend the existing power, so that the regulator can close down a company for—I quote from the motion—
“repeated instances of the most serious and deliberate breaches of their licence conditions”.
How does that differ from the existing situation? Well, at the moment Ofgem cannot explicitly close down a firm for persistent behaviour; that is true. It cannot go quickly or directly to the nuclear option, as the right hon. Lady wants. Ofgem would instead have to ratchet up its sanctions: first, higher fines, and regulatory orders requiring specific improvements in performance by specific dates—ever-tougher, and increasingly damaging for the firm.
Mr Davey
That may have been the case in the past, but increasingly it is not because the companies are losing customers, the fines are getting heavier and Ofgem is getting tougher. I wish it had been tougher in the past. Just look at the fines that have been levied and can be levied. We have seen fines of £3 million, £4 million, £10 million, £15 million. Indeed, under the coalition we have seen Ofgem fine more companies than ever before, and by higher amounts. In the nine years after Ofgem was established, it took enforcement action in just 10 cases. Since 2010, in four years, we have seen 27 cases, with fines totalling nearly £51 million. Moreover, because the current Government wanted to ensure that it was not just the Treasury that benefited from enforcement action against energy firms that misbehaved, there is now money for consumer redress as well—since 2010, nearly £60 million has already been paid out directly to consumers, the people who have suffered. Nothing like that happened under Labour. So under us, as the fines on a persistently poorly performing firm went up and up, so could consumer redress; so could the consumer compensation.
What is the maximum that could be levied? Well, if a firm continually failed to comply, the fines and redress could be increased up to 10% of a firm’s turnover, as the right hon. Lady said. For a huge energy company such as British Gas, that could equate to a whopping £1 billion —not a figure that any company, however large, can take lightly. That is what the law currently allows for, and these fines are being used, under this Government, far more than they were under the softies opposite.
Caroline Flint
Does the Secretary of State agree that if Ofgem investigates a company and the company pays the fine, and later the company breaches again the rules relating to fairness to customers in the way that I have outlined, what Ofgem cannot do is revoke the licence? It has to do another investigation, which may result in a fine, but what it cannot do is take into account past history on these issues and revoke the licence where there is persistent abusive behaviour to the customers. Does he support the recommendation that we are making or not?
Mr Davey
When Ofgem has another breach put to it, it has to look at that breach; it has to look at what has happened in that breach. It does not, as I am about to say, only have the fine/penalty option; it may issue improvement orders, as we are seeing. Let me come to the process, because I think the right hon. Lady’s policy will not stand up, and she will see that we have lots of powers to help consumers.
Mr Davey
The right hon. Lady really must tell the House, would she have pressed the nuclear button yet? Is there one example of energy company bad behaviour that she thinks would have merited her policy?
Ofgem could close an energy company down, but it would have to give that firm the chance to improve. If a company ignored improvement orders, Ofgem could then issue a final order, and if that was ignored, it could then close the company down under current law. But the right hon. Lady seems to want the regulator to be able to intervene before an improvement process has been gone through—before a final order.
Mr Davey
I reassure the hon. Lady that we have legal advisers in the Department, as does Ofgem.
Looked at together, the Labour party’s proposals—not just the one before the House today—are clearly designed to upset the current balance between competition and regulation. Labour seems to want to rely on more heavy-handed regulation and even price controls to try to micro-manage energy costs and customer service standards from the desk of the Energy Secretary in Whitehall. We know what the consequences of that approach are because we have seen them before: distorted markets, reduced competition, poorer service and lower investment.
Let me gently remind the right hon. Member for Don Valley of her party’s record in government and, indeed, in opposition. The Labour Government set up Ofgem and decided what powers it would have, and when they realised they had got it wrong they reformed Ofgem. In opposition Labour decided it would scrap Ofgem. Now it seems to have U-turned and is looking at Ofgem’s powers instead. First, Labour proposed making Ofgem force companies to track wholesale prices in their retail prices, something which would destroy forward markets and force energy companies to purchase energy in the short-term markets. That is bad news for their customers, as I demonstrated the last time we debated energy policy. It is a recipe for chaos and yo-yo bills, with prices as volatile as the wholesale markets themselves, and on average higher than now.
Now the right hon. Lady proposes to lower the bar on the most extreme sanction the regulator has—revoking a licence, putting companies out of business, reducing competition and causing chaos for their customers. One has to think very carefully before changing the existing power to revoke a licence.
Caroline Flint
A final order could include a company being told to change the telephone script that it uses in its sales work, and it could comply with that order. Does the Secretary of State accept, however, that if the same company slightly breaks the rules again or undermines its service to its customers in a different way, the present guidance to Ofgem does not enable it to show that company the red card and deal with repetitive abusive behaviour that is slightly different from investigations that have led to sanctions in the past? Does he accept that that is a loophole in the current system?
Mr Davey
No, I do not because if a situation gets to the point of a final order, the regulator will look at other behaviours, but it will judge that particular breach. The right hon. Lady gives one example, but we could give many more. For example, we have heard from npower and Ofgem today that npower has made the improvements that were required of it. Presumably, if it had not done so, there would have been another improvement order and, potentially, a final order. Of course, it does not automatically follow that after a final order we go to revocation of a licence, but it is a process that could result in revocation after the matter has been properly investigated. I am glad that I have had a chance to explain that to her.
So far today the right hon. Lady has not been able to come up with one circumstance in which her proposal would be used. She has not given us one example of a case in which Ofgem has fined a company and she thinks that, under her power, Ofgem should have closed it down. She has simply failed to make the case for reforming the existing power. She has failed to make the case for lowering the bar. I have shown that this power exists but it is a nuclear option, and rightly so because the consequences of its use are so severe.
I say to the House that we have the right balance. We are making progress and have achieved more competition, tougher regulation, more choice and higher fines. People are able to punish firms themselves, without having to wait for the Government to do something. But when the regulator does punish a firm, under this Government, there is real financial redress. I thank the right hon. Lady for giving me this chance to show that not only do we take this issue seriously, but we have acted. I say to her and the House that the nuclear option of revoking a licence should remain, but it should remain one of last resort because that is in the consumer interest.
Caroline Flint
The hon. Gentleman is making a very interesting speech. If an energy company is found guilty of persistent and repeated offences against the consumer interest—for example, mis-selling, predatory pricing or giving the wrong advice—and has had fines and possibly a final order but still carries on in a slightly different way, does he think that the ultimate sanction should be for it to lose its licence as a supplier?
David T. C. Davies
According to the Secretary of State, that is the ultimate sanction.
David T. C. Davies
That is what the Secretary of State said. Who am I to question him on that particular issue?
Caroline Flint
The hon. Gentleman’s response is helpful, because it shows that he does believe there should be an ultimate sanction. If we can prove that it is not available, does he agree that there should be a change to the revocation regime under which Ofgem works, to make sure that it is made available?
David T. C. Davies
The right hon. Lady was asked twice by the Secretary of State whether she agreed that that ultimate sanction exists but cannot be used lightly, but she did not respond. I am left wondering why she is suddenly picking on me. I am not the Energy and Climate Change Secretary. I wish I were—we would have some very different polices if that came about, I can tell you. I see that the Whip sitting in front of me is writing loads of notes as I speak. I hope he will feed back the suggestion that I am open to offers as far as the climate change role is concerned. In the meantime, I suggest that the right hon. Lady deals directly with the Secretary of State.
To return briefly to smart meters, according to the NAO report the net benefits may not be as high as £17 billion anyway; they may be only £12 billion, which means that over a period of 10 to 15 years we will save ourselves £1 billion, most of which—or a lot of it—will come from the fact that people will not be able to afford their energy bills, partly because we will have installed smart meters everywhere.
I did not get a mobile phone until about 1997. I got one because other people had one and I thought, “That’s a good idea: I want one.” If smart meters are a good idea, my neighbours will get one, I will have a look at it and if everyone down the pub says it is a good idea I will get one. What I am suspicious about is the fact that vast amounts of money are being spent on telling me and every member of the public that we all have to have one by 2020.
It is not rising temperatures that are causing people angst at the moment; it is rising energy bills. There seems to be widespread recognition of that. I am only a Back Bencher and I am sure I will stay one for many years to come, if the Whips have their way. I have to say that we all, including me, got it wrong on climate change. I have looked at the evidence and the evidence is not there to support the policies we have all put in place. Although others might not be able to come out and say, “We got it wrong: the temperatures aren’t rising,” the fact that we are now talking about energy bills and increases in costs rather than increases in temperature suggests that we are heading slowly in the right direction with this particular argument, so I would welcome many more debates such as this one.
Heather Wheeler
I wish the hon. Lady was speaking from the Opposition Front Bench. The difficulty is we have not been told in what circumstances the Opposition Front Bench team would impose this regulation. They have not given us any examples—[Hon. Members: “Yes, we have!”] No, no, we have not had a direct example. They have been asked two or three times. Will the shadow Secretary of State give us some examples?
Heather Wheeler
Apparently not. There we have it again. For the fourth time—
Caroline Flint
It is not the job of politicians to pick companies in any area of regulation. It is up to the regulators. As the hon. Lady will be aware, the regulator currently has a power to impose a fine that is 10% of a company’s global turnover. It is not for politicians to decide which companies the regulator should fine or investigate. We are saying that the regulator should have a sanction to remove a licence to supply where there is evidence of repeated behaviour contrary to customers’ interests. They already have a code and a threshold setting out what constitutes abuse.
Heather Wheeler
The right hon. Lady still has not got to the nub of today’s debate. I agree with my hon. Friend the Member for Warrington South (David Mowat): regretfully, this is gesture politics at its worst. I have had the pleasure of sitting in the Chamber since just before 2 o’clock—and that is absolutely fine; it is what we are paid to do—but I have heard the most vacuous debate I think I have heard in my four years here.
Heather Wheeler
I thoroughly enjoy the right hon. Lady’s company outside the Chamber, but this was the most vacuous debate I have heard in the four years I have had the pleasure of being a Member. What I want to hear from Members is new ideas. Who knows what might be in manifestos next May, but businesses need to know that if they are to make major investments—whether it is American, German, French or Chinese companies building these power stations in South Derbyshire—they are not going to get hoicked out over some peccadillo. It might be the Charity Commission going off on one and having to be reined in—giving power to quangos is a frightening thing. I think she is genuinely missing the point about what our constituents want in life. They want good jobs, steady incomes and good, solid power stations coming online, so that they know what they are doing. They do not want threats hanging over them that mean that investments will not be made. I am afraid the right hon. Lady has made a mistake with today’s debate.
The Parliamentary Under-Secretary of State for Energy and Climate Change (Amber Rudd)
As usual, we have had a wide-ranging debate on energy issues. In the short time available to me, I shall deal with as many as possible of the points that have been raised.
First, let me refer to the motion itself, starting with the facts. Ofgem has issued fines or obtained redress in 39 cases; £55 million-worth of fines have been imposed, and nearly £60 million-worth of redress has been obtained. That amounts to a total of £115 million. Under the last Administration, in the eight years following the establishment of Ofgem in 2001, the regulator took enforcement action in just 10 cases. Since 2010, Ofgem has taken action in 29 cases, levying fines amounting to £50.9 million and forcing suppliers to provide nearly £60 million in redress for consumers who have been harmed. Only today, it announced that EDF would pay £3 million to benefit consumers following complaints of mishandling.
The right hon. Member for Don Valley (Caroline Flint) and her colleagues may suggest that that is evidence of increasingly poorly behaved energy companies. I believe it demonstrates that we now have a regulator which, in the last few years, has been increasingly prepared to take action when action is required. It is noticeable that nearly 80% of the total amount of money being paid by suppliers directly to consumers who have been harmed by their actions has arisen from cases settled since 2013. It is no coincidence that it was in the Energy Act 2013 that we gave Ofgem powers to require energy suppliers to make such payments. For the first time, payments are being made directly to consumers. That contrasts with Labour’s failed voluntary approach, which did not support consumers in the same way.
Ofgem now has the ability to prevent suppliers from taking on more customers until they have cleaned up their act, an approach that it used most recently to force npower to improve its billing performance. Following the action that we have taken, we have a tough independent regulator which is willing to act to protect consumers against badly behaved energy companies.
The Opposition ask, “Why not give Ofgem powers to revoke licences when companies repeatedly breach the terms of those licences?” It would be right to give such additional revocation powers only if we would be prepared to back their use by the regulator in the circumstances set out in the motion. Nothing that has been said today has convinced me that the right hon. Lady and her team fully understand the consequences of a licence revocation. Someone would need to take responsibility for the suppliers’ consumers. That could be one of Labour’s big six, taking them on as a whole, but whichever we chose, we would be handing it a huge increase in its customer base without its having to compete.
Caroline Flint
Is the Minister aware that the regulator can currently revoke a licence if, for example, a fine is not paid, if a final order is not complied with, or if a company goes into administration? There are already procedures allowing a trade sale to take place and other suppliers to be found. Why can revocations not be applied when there is repeated evidence of harmful and abusive behaviour towards customers?
Amber Rudd
That is an interesting point and one that, in a sense, we have explored earlier, in relation to the terms on which a revocation would take place. However, what worries me about the right hon. Lady’s proposal—which my right hon. Friend the Secretary of State has called the “nuclear option”—is that it is sudden and dramatic, and would have a very bad effect on consumers. What worries me is that she is being cavalier with consumers. She will be handing one of the big six an increase in its customer base without its having to compete, and with very little notice. That is the problem. If she has answers to some of those questions, it is disappointing that she has not set them out.
Amber Rudd
I am going to proceed with my speech. [Interruption.] Unlike the right hon. Lady, I have only 10 minutes in which to conclude my speech, and I am going to continue.
An alternative would be to split the portfolio between suppliers, but deciding who would get which segment of the portfolio would be a time-consuming process and, again, would raise significant competition issues. And what about the impact on individual consumers? Leaving them on their same tariff is not likely to be workable under the limited tariff rule—and we should remember that we now have just four, not the 400 we had under Labour. Putting them on a deemed contract, however, could lead to an increase in their bills; and allowing businesses to keep their same contracts may not be compatible with their new suppliers’ business model. Our concern, therefore, is that the overall result of a licence revocation—the so-called nuclear option—is, at least in the short term, likely to be reduced competition and higher bills for consumers. That is why Ofgem only has the powers to take such a step in the most serious cases. What we do not want is Labour’s knee-jerk simplistic solutions. This Government are instead focused on taking real actions that will make a difference.