Energy Company Licence Revocation Debate

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Energy Company Licence Revocation

David Mowat Excerpts
Wednesday 3rd September 2014

(9 years, 8 months ago)

Commons Chamber
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Caroline Flint Portrait Caroline Flint
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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 Portrait David Mowat (Warrington South) (Con)
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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 Portrait Caroline Flint
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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.

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Alan Whitehead Portrait Dr Whitehead
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My hon. Friend makes an interesting point. Given where the regulations stand now, it is quite possible that the introduction of the regulation that my right hon. Friend the Member for Don Valley (Caroline Flint) suggests, would lead to several other regulations being removed, so therefore would meet the golden rule of one in, two out. It is something that I can recommend right now to those on the Government Front Bench as a way of earning additional deregulation brownie points.

I mentioned the Secretary of State’s circumlocutions and made considerable play of the fact that, because the regulator can undertake a final order, that is the nuclear option. The Secretary of State will be aware—he has received legal advice to this effect, although I do wonder whether the legal advisers did this during their lunch hour to assist him—that clause 25(1) of the Electricity Act 1989, from which the final order derives, before Ofgem was introduced but the powers were incorporated into its powers, states that

“where the Director is satisfied that a licence holder is contravening, or is likely to contravene, any relevant condition or requirement, he shall by a final order make such provision as is requisite for the purpose of securing compliance with that condition or requirement.”

According to that piece of legislation, one is required to find out what any relevant condition or requirement is. In order to do that, it is necessary to refer to schedule 2 with the imposing title “Revocation”. We may want to look there to find out how nuclear that final order is. The final order not only has to relate to the relevant conditions or requirements, it has to stick to the relevant conditions or requirements. That is what it says in the legislation.

As the Secretary of State has said, there are a number of circumstances under which the licence can be revoked. Where someone has not paid their fine and it remains unpaid, a final order can be issued. If a final order is issued and the licensee fails to comply with that final order, which is something of a tautology, that licence can be revoked. But in order not to comply with the final order the licensee has not to comply with something within the revocation schedule in the first instance. If the licensee refuses to pay the financial penalty, that triggers a final order. Various orders were made under the Competition Act 1998 relating to unfair competition. If the licensee does not supply any electricity within a year or has stopped supplying electricity to a property, a final order can be levied against it. If the licensee is unable to pay its debts according to the Insolvency Act 1986 or has an administration order, or a receiver has been appointed, the licensee may have a final order levied against it. Obviously, if it is insolvent and has ceased trading, it is hardly likely to comply with the final order so its licence would be revoked.

The revocation schedule, upon which the Secretary of State’s magnificent argument about the final order rests, simply states, as has already been rehearsed, that various things could lead to revocation if they are not put right. That seems to be the central point that is being addressed this afternoon. These are all things that might be levied against a company and could be put right, and if they are not put right a nuclear option of revocation can be undertaken. But if those things are put right, case by case by case, section by section by section, that final order cannot be used. So the entire basis of the Secretary of State’s argument, that that really exists to enable Ofgem to revoke a licence for the sort of cumulative issues that we have been discussing this afternoon, simply falls down. We must accept that there simply is no such power in reality, by implication, in legislation or by regulation.

That makes the case fairly simple. Yes, it is true that with regard to competition, the problem of losing a number of customers may cause an energy company to think again about certain of its actions. The possibility of losing all of one’s customers might make one think rather more seriously about the problems being faced and how to deal with them, in addition to the fact that some customers may be lost through competition.

There we have it, in terms of the difference between the present position and a significant change in what Ofgem would be required to do under the proposals set out this afternoon. They require Ofgem to take account of cumulative bad behaviour—of a company getting away with it, not putting right things required under legislation, and living to fight another day and do it again.

David Mowat Portrait David Mowat
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I am listening carefully to the hon. Gentleman and I think he is right about this being an additional power. The question that therefore arises is: what problem are we trying to solve with the additional power? In the 20 or 30 years since privatisation, when companies have apparently been running amok, in which instances would he have liked the power to be deployed? In particular, would it be appropriate for npower no longer to have a licence?

Alan Whitehead Portrait Dr Whitehead
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The existence of a power in legislation, and of a regulation attached to it, provides a framework that companies subject to it must address. It is academic for the hon. Gentleman to ask whether a company would have had its licence removed when it was not subject to the conditions and when the framework did not exist—it is just a debating point and not a real challenge at all.

David Mowat Portrait David Mowat
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There is a logical error in what the hon. Gentleman says. In the absence of the power, when all the energy companies have apparently been running amok, surely we would have expected them to exhibit the egregious behaviour that would cause the power to be used. Can he give me an example of that?

Alan Whitehead Portrait Dr Whitehead
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The hon. Gentleman will understand that saying “enough is enough” when there is not enough in the first place is a logical impossibility. The power provided under the proposal would enable Ofgem to say “enough is enough”. I cannot look into a crystal ball to say what enough might consist of, but a power to deal with repeated abuses of licence arrangements and repeated failures to learn from transgressions that had been put right but had not led to a sanction being levied would in the long term have more effect on energy companies’ operations.

David Mowat Portrait David Mowat
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Let us be clear: these are repeated abuses—which, as the hon. Gentleman rightly says, the power takes into account—of a type that we have not seen in the past 30 years. Otherwise, he would be able to give examples of when the power should have been deployed.

Alan Whitehead Portrait Dr Whitehead
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The hon. Gentleman misses my central point—that it is difficult to say there has been cumulative abuse of a licence when the licence contains no means of judging that. Without such means, it is difficult to make those judgments. Members across the Chamber will agree that if a company that flagrantly and repeatedly abused its licence conditions faced the ultimate sanction of having its licence removed, it would think long and hard before sailing too close to that circumstance.

I questioned whether the Secretary of State’s heart is in the debate. I do not know whether his brief for the debate was one of specificity or one of principle. Did it say, “In the circumstances where it appears we might have the power, you can walk around the issue by talking about a final notice”, or, “Under no circumstances should the regulatory system for utilities or associated bodies enable the removal of licences, so defend the fact that the licence cannot be removed under existing regulations”?

I wish to draw attention to another note on compliance and ultimate sanctions, which states that

“licence holders must also, at all times, satisfy the four authorisation criteria. . . insurance, financial fitness, good repute and professional competence. If we have serious doubts about whether you comply with any of these criteria, we may make further enquiries.”

It concludes:

“If you do not comply with your licensing obligations we will consider enforcement action. This may ultimately result in the suspension or revocation of your authorisation.”

That guidance is issued not by Ofgem but by the Office of the Rail Regulator, so there is a regulatory arrangement—presumably agreed and authorised by the Government—that enables the ultimate sanction of a licence being revoked. Did the Secretary of State defend the lack of such an ultimate sanction on the grounds that it is a bad thing? If so, such a sanction already exists. However badly the railways are regulated, at least regulations are in place that allow for that ultimate sanction.

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David Mowat Portrait David Mowat (Warrington South) (Con)
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Thank you, Madam Deputy Speaker. Ten minutes should be fine.

The hon. Member for Blackley and Broughton (Graham Stringer) told me in an earlier intervention that the constituents of Warrington South are interested in energy companies being struck off. What they are interested in is lower energy prices and better customer service. They are not interested in posturing, which has made up much of what has been said today.

When I first read the motion this morning, I thought, “I wonder whether we will oppose this,” because, on the face of it, it is reasonable. I read it quite carefully. Even when I came into the debate, it was not clear to me what we were opposing. However, what the Opposition have failed to do in the motion is to articulate what the problem is that they are trying to solve that cannot be solved in other ways. Apparently, in the past 30 years—in which time, the power did not exist—there have been no instances of behaviour that would have required it to be used. It is fair to say that I am looking at the past and that we should legislate for the future. However, the shadow Secretary of State was twice asked to give examples of the sort of behaviour that would cause the power to be used, over and above the behaviour for which fines of 10% are allowed. Many of the arguments that I have heard today seem to be arguments for increasing the fines. If customer service is poor and behaviour is inadequate, that should happen. However, to take a company out of the market and to reduce choice and competition is the nuclear option, and we should be very clear about why we are using it. The least the industry could have expected the Opposition to do was to give an example of the sort of behaviour that would require this power. We have not heard that.

The analogy of yellow and red cards is an interesting one, but it is not right. Broadly, we understand what a yellow card offence or a red card offence is. There is a progression. If anything, the analogy gives power to the Secretary of State’s point that there is already such progression in the regulation of offences.

The example of Pennsylvania has been given and a couple of Members have talked about the United States. I would be interested to hear, in his response to the debate, whether the shadow Minister can say whether the Pennsylvanians have invoked these powers. I genuinely do not know the answer to that, but my guess is that they have not. The Opposition should understand that the market in Pennsylvania consists of one or two suppliers. In such a market, where the problem of losing customers does not exist to the same extent, it is appropriate for such powers to exist. It is certainly more appropriate than it would be in our market.

The Secretary of State is right to say that when energy companies perform badly, as they have done in many instances—I will not defend that and neither will any other Government Member—they must be held to account. They should be fined more and, if necessary, should pay fines of up to 10%. However, posturing and coming up with things that sound attractive on the doorstep but that do not work is not the way to deal with the problem.

I will talk a little about the need to reduce energy prices. We do need to keep a cap on energy prices. However, the one thing that we never discuss is the fact that over the next decade, we will have to replace about 20% of our generating capacity. That seems to be of little concern to the Opposition because they never raise it in these Opposition debates. We have many, many Opposition debates on energy. It is Wednesday afternoon and I feel quite comfortable being here discussing energy. However, we never discuss our generating capacity, even though £110 billion of expenditure is needed.

By 2017, our capacity margin will be lower than 2%. Nothing is being built at scale at the moment, other than some nuclear stations that will not fill that gap. Demand-side measures have been brought in by the Government, but they will not be enough. Certain nuclear stations were closed over the summer because of safety concerns. Had that happened in the middle of a hard winter, it would have had a profound effect. I would be interested to hear anybody’s comments on that.

Graham Stringer Portrait Graham Stringer
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The hon. Gentleman is making interesting points, as always. Does he agree that the Government should look for a derogation from the EU’s large energy plant directive, which will close down some of our fossil fuel plants unnecessarily and exacerbate the situation that he is describing so accurately?

David Mowat Portrait David Mowat
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I am sympathetic to that view. Countries are acting increasingly unilaterally in the area of climate policy. The fact that the Germans, the Dutch and other countries are building unabated coal power stations at scale raises that question. My honest answer is that we should look at how things develop. Later, I will discuss a vote that took place on 4 December, in which the Opposition went through the Lobby—I do not know whether the hon. Gentleman did—in support of a Lords amendment that would have accelerated the closure of our power stations by bringing in the emissions performance standard for existing stations, rather than just for old stations. That was an extraordinary thing to have happened. The Opposition’s position on coal has, in many respects, been extraordinary.

I want to respond to the remarks of the hon. Member for Llanelli (Nia Griffith) on energy costs. There is a difference between gas and electricity prices. This morning, table 10.2.1 on the website of the Department of Energy and Climate Change, showed that our gas prices for 2013 were lower than median prices in the EU. That is not the case for electricity, and I am pleased that the Secretary of State has asked the Competition Commission about that. However, if we are to debate these matters incessantly on Wednesday afternoons, I think it is worth having a debate based on the facts. I will say this again—hon. Members can intervene on me if they believe it not to be the case—this country has among the lowest gas prices in the EU. If that is the case and if a cartel is in operation, as I have said before, it implies that it is a pretty bad cartel. Nevertheless, let us investigate the industry and have a look.

As I have said about my constituents in Warrington South, what matters are lower prices. The Government have addressed that, just as the Opposition have made suggestions. We want to simplify tariffs and encourage new entrants. We have acted on green levies, and I think the point made earlier about it all being switched to general taxation was wrong. We want better and faster switching.

It is true that the market has been sticky—I am not defending that and it needs to work better. We must make it easier to switch, and some of the things introduced in the Energy Act 2013 regarding compensation to consumers are to be welcomed. In my view, the Opposition policy has three prongs. One is the price freeze, which has been mentioned. The second is what I would generally describe as name calling—describing energy companies as cartels and referring to price fixing and secret deals. All those things are illegal, and if evidence for them exists, it should be brought before the courts. These are public companies, and directors should go to prison if such things are happening. I repeat that if they are happening in the gas market, it is a pretty ineffective cartel, but let us have a look.

The third strand of the Opposition’s policy is that they vote for higher prices whenever there is a vote in this place on how we can influence energy prices. Let me give some examples of that. In 2011, the then Minister was trying to reduce the subsidy for solar panels—solar PV tariffs—from six times grid parity to something like three or four times grid parity. Solar electricity would no longer be six times as expensive as everything else, but four times as expensive. We had a vitriolic response from the Opposition who said that that would see the end of the solar industry and that such subsidies were absolutely necessary. Labour Members trooped through the Lobby to vote against that policy, which was an attempt to minimise the amount of subsidy being given and to reduce energy prices. Well, so be it. That is what happened.

Similarly, we had a debate on the 2030 carbon target. Earlier, the hon. Member for Middlesbrough South and East Cleveland (Tom Blenkinsop) intervened on the carbon price floor. I will not defend that; my view is that it is wrong, but it is also wrong for us to impose unilateral carbon targets. These are not EU laws; the EU is not doing this. Again, however, when the issue was debated on the Floor of the House, Labour Members trooped through the Lobby to oppose it. I can only imagine that there are two Labour parties, and I really believe this to be the case. There is the Labour party up in Hampstead—let us call it the north London set of the Labour party—which thinks all this stuff is great, and the other part of the Labour party that represents constituencies where there is energy-intensive industry, and where 700,000 people have jobs that depend on energy prices. If I were one of those people in the Labour party, I would be a little more sanguine.

Tom Blenkinsop Portrait Tom Blenkinsop
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Will the hon. Gentleman give way?

David Mowat Portrait David Mowat
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Certainly. I was hoping somebody would intervene.

Tom Blenkinsop Portrait Tom Blenkinsop
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Let us return to the hon. Gentleman’s point on solar panels. By removing the subsidies from solar panels, the Government decimated the solar panel construction industry that supplied panels to UK homes. We now have massive imports of Chinese products, which mirrors what is happening in the rebar steel industry where there has been an explosion of more than 20% in the number of steel products coming from China. That did not exist two years ago.

David Mowat Portrait David Mowat
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That is not the intervention I had expected or hoped for. The hon. Gentleman mentioned solar PV, but that policy is not directed at Chinese manufacturing, or anybody else. We do not subsidise British versus Chinese manufacturing, or whatever.

Tom Blenkinsop Portrait Tom Blenkinsop
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I am chair of the all-party group for the steel and metal related industry, which met yesterday. We met an industry leader who works at Celsa Steel in south Wales. He commented that what the industry wants is consistency in prices that is long-term and set out, irrespective of whether prices are lower or higher. What we have are fluctuations and the market lacks confidence because it does not know what Government policy is.

David Mowat Portrait David Mowat
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I thank the hon. Gentleman for that intervention, and ask him to reflect on the fact that I am also chair of an all-party group—the all-party group for the UK aluminium industry. Industry wants lower prices and not higher prices regardless of whether those prices are static or not. Perhaps if he were to reflect on that, he would see that I am right.

The third instance of Labour Members voting, whenever they get the chance, for higher energy prices occurred on 4 December 2013, and this is perhaps the most interesting example. We heard earlier about the closure of coal stations in this country because of the large combustion plant directive. On that day Labour Members went through the Lobbies to support a Lords amendment on the emissions performance standard that would have required all existing stations to stop burning coal within a short period. That would have accelerated the rapid closure of our coal stations, and apparently for green reasons. That was an extraordinary thing to do, and the cost to generation would have been extremely high. As I said, I do not know which part of the Labour party did that, but it is an odd thing to have done.

Before I conclude, I ask Opposition Members to reflect on the three policies they are suggesting: the price freeze, the name calling about persistent cartels, and the fixing of prices and all that goes with that. More importantly, whenever we get a vote in this place, they should think about the impact of that vote on their constituents, and stop supporting unilateral action. I do not agree with my hon. Friend the Member for Monmouth (David T. C. Davies) because we need to take our climate change obligations seriously and follow the EU on that. However, we do not need to continue acting unilaterally in the way that we are doing.

Tom Blenkinsop Portrait Tom Blenkinsop
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That is one point on which I agree with the hon. Gentleman. The carbon price floor scheme was unilaterally introduced and no conversation was held with industry. That was introduced by this Government. Labour policy, along with our EU colleagues and within a market, was to maintain a framework whereby we would not make ourselves less competitive than our closest EU competitors.

David Mowat Portrait David Mowat
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If you will indulge me, Madam Deputy Speaker, I will answer the hon. Gentleman’s point. I have a lot of sympathy with that, but all I would say about that policy, which has now been capped, is that at least it resulted in revenue for the Treasury, which I know is generally regarded as a bad thing by Opposition Members. That is part of what we had to do to pay off the debts we inherited. The other green levies that were voted for and that I mentioned are straight subsidies and they do not result in that and are unnecessary in terms of our carbon commitments. Finally, our carbon per capita and carbon per unit of GDP is lower than the EU average, and a third lower than that of Germany.

None Portrait Several hon. Members
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rose

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Jonathan Reynolds Portrait Jonathan Reynolds (Stalybridge and Hyde) (Lab/Co-op)
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Three-hundred and forty-five days. That is not the current average time it takes a new Tory MP to decide that they want to stand down from Parliament; it is how long since the Leader of the Opposition first announced Labour’s radical plans to reform the energy market and freeze energy prices while we do it. Yet 345 days on, this Conservative-led Government still cannot offer a credible response to our plans.

The Government started by telling us that switching was the answer. They have flirted with the idea of taking stronger action. They told us they were against the calls to refer the energy market to the Competition and Markets Authority, before they eventually changed their minds. All the while, the British public have felt the relentless squeeze of higher energy prices, with no apparent end in sight, so here we are again.

It is true that this is one of many debates we have had on the subject of energy prices on the Floor of the House. I for one make no apology for that. Any of us who visits a pub, café or working men’s club or goes to a football match or anywhere else will find that the public out there are more than happy to talk about energy prices too. Quite frankly, when people find out we are MPs, it is actually quite hard to avoid a conversation about energy prices. People will tell us that they are sick and tired of their bills always seeming to go up when wholesale prices rise, but never down again when they fall. They will tell us some awful stories about poor customer service, and they tell us that, when wrongdoing is discovered and bad practice identified, the punishment never seems to deter the offending companies from doing it again. That is what we are here to discuss today.

Alongside our other reforms—the ring-fencing of the generation and retail arms of energy companies, the open pool for electricity trading and the new regulator with real powers to take action—we also believe there must be powers to ensure that regulatory fines are not simply seen as the cost of doing business. Instead, intervention from the regulator should ensure problems are put right and should act as a real deterrent. The figures revealed by my right hon. Friend the Member for Don Valley (Caroline Flint) are damning. Despite at least 31 fines being issued by Ofgem since 2001, totalling at least £90 million, energy firms are facing a further 15 probes into mis-selling, poor customer service and other bad practice. By giving real powers to the regulator, and borrowing from the best practice we can see in other jurisdictions, we can prevent such poor behaviour being repeated. Making clear that we will not tolerate persistent bad practice, by giving the regulator the ultimate power to revoke licences, will be a substantial step towards providing customers with the protection they desperately need and the energy market they deserve.

We have heard some fantastic contributions in today’s debate. Let me start by responding to some of the Secretary of State’s claims. He started out by saying it was all about competition. The Opposition of course recognise the importance of the role of competition, but let me respectfully tell him that his job cannot be simply to make it easier to switch; it should be to ensure that there is someone worth switching to. People do not feel that that is happening at the moment.

The Secretary of State mentioned smart meters, the smart meter roll-out and the role of technology. We have offered bipartisan support for that programme, as we can see the benefits, too. He mentioned the need to improve and compete on customer service. Of course we agree with that, and I hope that he will recognise the benefits of our proposed performance score card for energy companies, so that people can easily see how those companies are performing.

Apart from that, it seemed from the Secretary of State’s speech that the Government were trying to fabricate some excuses to oppose our policy. At the moment, we agree that the regulator can impose a fine or a final order to change specific behaviour—it could be to change the telephone script or billing method. However, providing the energy company pays the fine off and complies with the order, the regulator has no power to revoke its licence. The obvious problem is that, if companies break different rules, or the same rules in a different way, providing they comply with any penalty given, the regulator can never revoke their licence. By contrast, under our proposals, even if a company complied with a fine or a final order, if it carried on breaching the terms of its licence, that licence would be on the line—a significant and welcome difference from what applies at the moment.

A number of Members tried to intervene to raise specific questions about the scope and application of that new power. Of course revoking a licence would apply only in cases of serious malpractice and the utilisation of the power would, of course, be for the regulator to decide. However, it would clearly be a back-stop power, much like the current ability to levy fines at 10% of global revenues. This is about providing a deterrent, which clearly and unfortunately does not exist at present.

Today, we have heard many of the Government’s classic lines in response to Opposition-led energy debates. The Secretary of State and the hon. Member for Crawley (Henry Smith) claimed that the big six were created under Labour, but Government Members should look at the facts a little more closely. It is true that, before the big six, there were once 14 electricity supply companies, but those 14 were regional monopolies—there was no market and no competition taking place. It was, of course, John Major’s Government who first allowed vertical integration to occur. Significantly, consumers could not even switch electricity supplier until after the Labour Government were elected in 1997.

My hon. Friend the Member for Southampton, Test (Dr Whitehead) asked us to consider who the Secretary of State really is. I have never considered him to be an international man of mystery until now, but that thought will linger. My hon. Friend was forensic in taking apart the Secretary of State’s case.

I am not quite sure where to begin when it comes to the hon. Member for Monmouth (David T. C. Davies). Let me respectfully say to him on the issues of climate change—without going too far away from the motion—that the 10 warmest years on record are clearly those of recent times. People who express climate scepticism—I am sure the hon. Gentleman would not mind me saying this—are likely to be those who are relatively sceptical about the powers of big government. The hon. Gentleman probably does not believe that making direct state interventions is the way to solve the world’s problems. He mentioned the smart meter roll-out in that context. If we look at the countries involved in the UN Intergovernmental Panel on Climate Change—countries as diverse as Switzerland, China, Australia, Japan, the USA, India, Germany, Russia and Norway—is it possible or conceivable that the scientists from all those countries have got together and decided to hoax us in this grand fashion? I cannot believe that anyone with the hon. Gentleman’s scepticism would accept that position so readily.

On smart meters, any big Government programme risks some problems, but if the hon. Gentleman were to look at the number of complaints to energy companies that result from inaccurate billing, which smart meters will resolve, at the voluntary consumption that the evidence shows comes about when people are more visually aware of their energy use, or at the improvements in social justice, particularly for people who use prepayment as a method, he will find considerable benefits to us all in ensuring that smart meter roll-out goes nationwide in the proposed fashion.

My hon. Friend the Member for Llanelli (Nia Griffith) talked about company behaviour, its consistent tendency not to get better and the need for a strong regulator to clamp down on companies’ actions. I absolutely agree with her.

The hon. Member for Warrington South (David Mowat) raised a number of issues, to some of which I shall return. He specifically mentioned the large combustion plant directive, which, as he knows, regulates emissions of sulphur dioxide, nitrogen dioxide, diesel as well as carbon emissions. The directive was intended to ensure that pollution abatement equipment was fitted; otherwise, the running hours of the large stations would be limited. I know that the hon. Gentleman has one in his constituency, which I imagine is where his interest lies. He will surely recognise that there was a major loophole in the Lords amendments in that certain refurbishments were not covered. It seems to me entirely reasonable to try to provide a consistent level playing field, which is what we tried to do in the debate on the Lords amendments.

I thought my hon. Friend the Member for Bolton West (Julie Hilling) had one of the best lines of the debate when she asked how the Secretary of State could simultaneously say that the proposed power is wrong while admitting that it already exists. I am sure that the hon. Member for South Derbyshire (Heather Wheeler) could have enjoyed the debate. There was considerable merit in the debate and she could have enjoyed it. She specifically mentioned investment risk and the consequences for South Derbyshire. I do not follow her line of argument that stronger regulation of the supply side of businesses will affect investment in the generation side. Surely she would recognise that investment risk as it is normally understood relates to factors that are outside a business’s control. How energy companies perform and treat their customers is surely completely within their control, and they would be at risk of losing their licences only if they repeatedly and deliberately broke the rules in ways that caused serious harm to their customers. If they do not do that, I cannot see that they have anything to fear.

My hon. Friend the Member for Middlesbrough South and East Cleveland (Tom Blenkinsop) wonderfully highlighted some of the inconsistencies behind Government policy on quite a few issues. The right hon. Member for Wokingham (Mr Redwood) and, indeed, the hon. Members for Monmouth and for Warrington South repeated what has become the siren call from the Tory right—perhaps soon to become the UKIP left—arguing that the pressure on energy prices is somehow related to the conversion to renewable energy. I am afraid that those claims do not add up. The Government’s figures on policies such as the renewable obligation cannot possibly explain the rise in energy bills that we have seen in recent years. Through such policies, we get safety in energy and obtain much greater energy security. What is more, renewable energy sources have nothing of the price volatility we see in international gas markets. As Dale Vince, the chief executive of Ecotricity, recently remarked,

“the cost of wind energy simply does not go up.”

The so-called green taxes that so many Government Members seem so keen to mention are in the main energy efficiency measures that reduce consumption across the system, which clearly benefit us all in respect of the burden put on generation and safeguard, if they work, some of our most vulnerable people. I think that should be a feature of our energy system.

We have had another good debate on the energy market today, but once again only Opposition Members seem to be offering any solutions. We believe that the Government must take stronger action to restore trust and help mend our broken energy market. That would help to tip the balance back in favour of the consumer, which is exactly where it should be. Energy suppliers, with the tacit support of the Government, are the ones in the driving seat at the moment. They are the ones doing well out of the status quo, while their customers are not. Judging by their number and the ones likely to come, it is clear that financial penalties are simply not currently enough of a deterrent to bad practice. We have to start putting that right. Inaction and bluster are not enough.

This is a serious and considered proposal—one that already exists in other parts of the world—and it is not enough for the Government to reject it just because Labour is proposing it. Every time there is regulatory action and every time a fine is levied or Ofgem makes an intervention, we all get asked to respond on the media programmes, and we all get asked why this keeps happening. If the Government vote against this proposal to create a real deterrent today, we will point out on those programmes, on every occasion where that happens again, that this Government failed to provide the measures properly to hold those companies to account.

David Mowat Portrait David Mowat
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The hon. Gentleman has mentioned me twice, and I have been reflecting on whether I actually said what he said that I said. At no point did I say that the green levies constituted a big part of energy bills. I merely said that whenever the House had an opportunity to vote on whether to increase energy prices, the Opposition wanted to go further—for example, in the case of the accelerated removal of solar subsidies, or on the occasion of that terrible vote on 4 December on a Lords amendment proposing the accelerated closure of coal-fired power stations.

Perhaps the hon. Gentleman will respond to a specific point that I made in my speech. We have lower than median gas prices in the European Union. If the market is so “broken”, how has that happened?

Jonathan Reynolds Portrait Jonathan Reynolds
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There is not a tension between the pursuit of affordability and the pursuit of decarbonised energy supplies—or, at least, there is not a problem that we cannot resolve. Yes, renewable energy is more expensive than, for instance, coal, on which the hon. Gentleman may be particularly keen, but surely that makes the transparency of our energy market more rather than less important. The need for us to ensure that there is a downward pressure on energy prices becomes more of an imperative when we are making that transition.

I am sorry that I did not respond to the hon. Gentleman’s point about solar tariffs. No one opposes the digression in tariffs and subsidy structures, but surely he recognises—

Jonathan Reynolds Portrait Jonathan Reynolds
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I will give way to the right hon. Gentleman in a moment.

Surely the hon. Gentleman recognises that the way in which Governments do that is important—and this Government have been notorious for chopping and changing policy on so many occasions. A business that is trying to invest and to provide jobs in this sector simply cannot continue unless the Government make the position clear.

David Mowat Portrait David Mowat
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