Energy Company Licence Revocation Debate

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David T C Davies

Main Page: David T C Davies (Conservative - Monmouth)

Energy Company Licence Revocation

David T C Davies Excerpts
Wednesday 3rd September 2014

(9 years, 8 months ago)

Commons Chamber
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Ed Davey Portrait Mr Davey
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Well, if the right hon. Lady does not want that—if she is still expecting a process of orders and final orders—the House should be clear: she is proposing absolutely nothing new of substance. This whole debate is a fabrication. But if she does want Ofgem to be able to close a company down earlier—if she does not want Ofgem to go through an improvement process with a firm that has behaved badly, as now—she really has to tell us how her proposal will work, and how it will be different in substance to the current system, and she has failed to do so.

I do not question the right hon. Lady’s motives or commitment in initiating this debate; I agree that there is a problem, and we both want the same thing. We want a consumer-focused market in which bills are kept as low as possible and the energy companies provide a high-quality service. The question before us is, what is the right way to achieve that? The Government favour a balanced approach of competition, technology and regulation, giving people the choice to move to new suppliers with better service and better deals. Under this Government, the new independent suppliers that we have encouraged regularly top the best-buy tables and the tables for best customer service. People are voting with their feet thanks to our increasing competition and punishing bad service. The new independents are growing rapidly, with more than 2 million customers, and the big six are losing market share every day.

We can improve services for customers with technology, bringing the digital revolution to the energy market so that information is more accurate and easier to understand. Smart meters could do for energy what the smartphone has done for mobile communications. Regulation is vital, and we are making sure that we have an active and engaged regulator with the right balance of powers to effect change. There is a basket of powers that we have strengthened, such as criminal sanctions where appropriate, powers to fine companies and compensate customers directly, and the ability to work with companies with poor customer service and help them to improve. As a very last resort, with the bar set high, we have the power to revoke a licence where there has been a serious breach of conduct. That is the picture under this Government.

David T C Davies Portrait David T. C. Davies (Monmouth) (Con)
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Will the right hon. Gentleman give way?

Ed Davey Portrait Mr Davey
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I am happy to give way to my hon. Friend, and then to the other hon. Members. I have just described the picture under our Government.

David T C Davies Portrait David T. C. Davies
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I appreciate that, and the right hon. Gentleman is making some very good points, but I have to pick him up on one thing. If smart meters are such a good idea, can he explain why the Government are having to sell them to the public using Bob Geldof and two cartoon characters? If smart meters are as good as smartphones, why are the public not willing to go out and buy them?

Ed Davey Portrait Mr Davey
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Obviously, I am grateful to my hon. Friend for his helpful comments. Smart meters have been well tested, and there is a lot of enthusiasm for them. One million have been rolled out, and consumers have embraced them. I was asked to quote Sir Bob Geldof at the launch of Smart Energy GB, but I do not think I will. I promised to give way to other hon. Members.

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David T C Davies Portrait David T. C. Davies (Monmouth) (Con)
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I begin with an apology to the House because, as I mentioned to Madam Deputy Speaker earlier, I am meeting a representative of the National Association of Probation Officers trade union in a few minutes. I am sure that Labour Members would not wish that meeting not to take place. It will shorten my speech considerably, but I hope that Members will forgive me because it was arranged before I knew about the change in timings.

Let me make another apology for being one of the Members of Parliament who voted for the Climate Change Act 2008, which underpins some of the issues alluded to by Members in all parts of the House. As the Secretary of State said in his closing remarks, what we want now is cheap energy prices for people. Of course, we have to take the energy companies to task over bad behaviour. There has apparently been some confusion as to whether Ofgem does or does not ultimately have the power to remove their licences. He says that it can. He challenged, unsuccessfully, the right hon. Member for Don Valley (Caroline Flint) to say under what circumstances she thought that it should have further powers. She did not wish to reply, so I am inclined to agree with him on this occasion. It does have the power, in the most extreme circumstances, to remove licences, and it is absolutely right that it should. It is not a power, though, that should be used lightly.

The real concern is that energy prices are too high. The reason is that all of us—or most of us—voted for the Climate Change Act, which has forced the Government to bring in all sorts of green taxes and subsidies that have pushed prices up. The Government now have a policy of rolling back some of the green taxes which Labour Members enthusiastically supported and which have pushed up prices. There is no getting away from that. Labour Members will not be able to do anything about the wholesale price of fossil fuels or of any other energy source, but they could do something about taxes. Any sustainable cut in prices to the consumer and to businesses will have to be underpinned by cutting back on green taxes.

I welcome the fact that the Leader of the Opposition and the shadow climate change Minister are trumpeting these issues. That is absolutely fantastic. It plays straight into the hands of people such as me—climate change sceptics—that Labour Members are making a huge issue out of energy prices. They are no longer worried about trying to outbid the Government on who has the greenest policies but trying to show who is going to deliver the cheapest energy prices. I say, “Great”, because I know that whoever is in government at the next election will be able to do that only by cutting back on green taxes.

Graham Stringer Portrait Graham Stringer
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I did not vote for the Climate Change Act, knowingly. Whatever one’s position on green levies, it is a bit rich for the hon. Gentleman to support a Government who have fixed energy prices for the next decades when nobody can predict the price of energy. That guarantees that people will pay higher prices or greater subsidies because of the strike price. The latest predictions of Aurora, a well-known consulting company, suggest that prices are likely to be half what the Government say, and that will mean larger subsidies. Does he still support the Government on those policies?

David T C Davies Portrait David T. C. Davies
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No, I do not. I have a great deal of respect for what the hon. Gentleman says. I do not support the Government at all on this particular policy. I think it was a huge mistake—

Chris Ruane Portrait Chris Ruane
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Minister, take note!

David T C Davies Portrait David T. C. Davies
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Yes, please do take note. People should not think I am saying anything now that I have not said before. Indeed, I more or less said it a few months ago at a meeting with the Global Warming Policy Foundation at which the hon. Member for Blackley and Broughton (Graham Stringer) was present. I am absolutely not going to hide my views on this.

Most Members are completely wrong on energy policy because they have all bought into the idea that we are going to suffer runaway global warming, and the reality is that that is not happening. We are being told to look at the evidence. The evidence is clear: there has been no increase in temperature since 1997. We are told that in the 1800s we started putting carbon dioxide into the atmosphere, which is of course true, that carbon dioxide is a global warming gas, which is true, and that therefore CO2 has been responsible for the very small increase in temperature that has taken place since then. However, if one looks at the evidence, one can see that there has not been a straightforward rise in temperatures; they fell between 1940 and 1970. That proves that something else was affecting them. As we started to industrialise, we were coming out of a particularly cool period that climatologists call the little ice age, so there had to be some increase in warming anyway.

Since 1997, as I said, there has not been any increase in temperature. That proves beyond all doubt that something other than carbon dioxide is affecting the climate, and nobody can say what that is. Nobody has been able to tell me what it is, and I have had meetings with people at the Met Office and all sorts of other people. It is therefore foolish of us to levy on our industries all sorts of taxes and subsidies that are affecting manufacturing and pushing up prices for home owners, and then to try to put all the blame on to the big six energy companies, as we are doing now, using them as a kind of whipping boy for the sins of those of us who have bought into the big green theories.

Julie Hilling Portrait Julie Hilling (Bolton West) (Lab)
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Does the hon. Gentleman agree that it is equally foolish to say, “It doesn’t matter then. We’re not quite sure why the climate is changing, so we’ll carry on pumping out CO2 and pollutants into the atmosphere without any concern about what we’re doing to the world, because maybe, just maybe, it’s not having an effect”? Maybe it is having an effect? Is it not equally foolish to do nothing?

David T C Davies Portrait David T. C. Davies
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Maybe it is and maybe it is not. Maybe, as the Prime Minister has suggested, we should be looking at dealing with antibiotics and the rise in diseases that are resistant to them. Maybe we should be doing something about a comet strike, which may or may not happen. Maybe we should be worried about a complete economic collapse—which, incidentally, is made far more likely by the policies of spending money that we do not have that are propagated by Labour Members. That is far more likely to keep me awake at night. Of course, we should also be very concerned about terrorism.

Tom Blenkinsop Portrait Tom Blenkinsop (Middlesbrough South and East Cleveland) (Lab)
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On the first point, I remind the hon. Gentleman that this Government have doubled the national debt. On the second point, in relation to industry, although the level of energy prices is a major issue, it is actually Government policy that has put energy-intensive industries in a bit of hole. The carbon floor pricing scheme that this Government unilaterally introduced has a compensation programme that does not come in until 2016. An even bigger issue is the explosion in non-EU imports into the UK market in the past year.

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David T C Davies Portrait David T. C. Davies
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The hon. Gentleman is certainly right about the strike price, but may I remind him that his party has supported all sorts of environmental measures? It is no good attacking me for something that I do not actually agree with. I am quite up-front about this. I think that most of us have made a big mistake in bringing in taxes that have affected home owners and businesses, particularly large-scale manufacturing companies—cement manufacturers, steel manufacturers, and others.

David T C Davies Portrait David T. C. Davies
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Broadly speaking, I am agreeing with the hon. Gentleman, so I do not know why he is trying to pick a fight with me over this. The point is that we should not be doing these things because we do not have a problem. There has been no increase in temperatures since 1997, so our whole discussion is based on a false premise.

Tom Blenkinsop Portrait Tom Blenkinsop
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The point of having a carbon price across the EU market is to ensure that countries do not isolate themselves or make themselves less competitive in the EU. We had the EU emissions trading scheme and then added our own tax, which other EU nations did not do. That happened under this Government and was one of the first measures that the Chancellor set out.

David T C Davies Portrait David T. C. Davies
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I am not going to defend that. I think there is—shall we say?—a change in mindset going on at the moment. It is obviously happening in the hon. Gentleman’s party as well, and that is why we are having this debate. Front Benchers on both sides of the House seem to agree that we should be making energy as cheap as possible. Everyone is absolutely right about that. However, we are not going to do that by attacking the big six energy companies. The only way we will be able to bring about a sustained decrease in energy prices is by reducing the taxes and other regulations that the hon. Gentleman mentioned.

Graham Stringer Portrait Graham Stringer
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Does the hon. Gentleman agree that the most significant point about green taxes, whether my hon. Friend the Member for Middlesbrough South and East Cleveland (Tom Blenkinsop) is right or wrong, is that they are not working? This country and the European Union are now responsible for more carbon dioxide going into the atmosphere than they were before. Emissions have gone down, but because of imports we are importing embodied carbon dioxide. These policies therefore have a perverse effect, whether or not one agrees with the global warming theories.

David T C Davies Portrait David T. C. Davies
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That is absolutely right. I do not wish to stray too far from the debate, but it is interesting what has happened in Germany, where people decided to get rid of nuclear power stations in order to follow a more environmental policy and ended up burning large quantities of lignite, which has increased their carbon dioxide emissions. That proves that these green policies do not even end up having the consequences that those calling for them want.

It is also very interesting that the people who are shouting loudest for such policies are the quickest to distance themselves from the consequences. With all due respect to Members on both Front Benches, who are pandering to Friends of the Earth and Greenpeace, the reality is that Friends of the Earth are very quick to attack the Government—they will attack the Opposition as well—for anything that increases energy prices to consumers: they ran a campaign against increased energy prices. The Secretary of State is trying to placate these people, but they are never, ever going to support him, whatever he does, so there is no point in even trying, in my opinion.

The Secretary of State mentioned smart meters earlier, but the energy companies have said they may not work. The Government are spending a vast amount of money trying to persuade every home owner in the country to accept smart meters. I am always very suspicious when Governments start trying to persuade me to do anything, particularly if it involves Bob Geldof, a quango and two cartoon characters. The Government have said that smart meters will cost £11 billion. I assume that those costs are relatively easy to predict, because they involve the cost of the meters. Incidentally, I am sure that somebody has done very well out of that. I saw in, I think, The Times yesterday that one of the smart meter companies had posted huge profits. I would be interested to know who bought shares in such companies before the EU introduced the regulation that brought all of this about, but I digress slightly.

The Government have said it will cost £11 billion to introduce smart meters by 2020—I assume that that estimate is reasonably accurate—and that the benefits will be about £17 billion. I have managed to get hold of the National Audit Office report, and lo, it is not quite as straightforward as it seems, because the benefits will not be seen until 2030, so we are putting in £11 billion for a possible £17 billion at least a decade later.

When one looks at how the benefits break down, one sees that 48% of the benefits are due to cheaper costs for the energy companies, which I suppose is fairly accurate: there will be fewer visits—and fewer jobs probably, but there we are—and a cut in bureaucracy. That accounts for about half the cost, but that is still only about £8 billion-worth of benefits. The rest all seem nebulous: 33% of the benefit will be due to people using less energy because it will cost more. In fact, therefore, it is being counted as a benefit that people will use less gas and electricity partly because the price of the smart meter will have been added to their bills. A further 8% of the benefits will be due to the fact that somebody somewhere along the line will pay lower carbon taxes on energy that will not have been used. If that is a benefit, the solution is very simple, isn’t it? Don’t bother with Bob, Leccy, Gaz and the quango—just cut the taxes in the first place and leave it all out.

I find this very difficult to accept. It is not simply due to the European Union coming up with a grand plan. I am worried that one of the so-called advantages of smart meters is that they will allow the big six energy companies to turn off people’s gas and electric remotely. Of course, there may be a good reason for doing so if they have not paid their bills, but it may also be convenient for the companies to do it if they decide that they do not have enough electricity at a particular moment to feed the grid and therefore cut off people they think are using too much gas or electricity.

Caroline Flint Portrait Caroline Flint
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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 Portrait David T. C. Davies
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According to the Secretary of State, that is the ultimate sanction.

Alan Whitehead Portrait Dr Whitehead
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No, it isn’t.

David T C Davies Portrait David T. C. Davies
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That is what the Secretary of State said. Who am I to question him on that particular issue?

Caroline Flint Portrait Caroline Flint
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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 Portrait David T. C. Davies
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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.

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Amber Rudd Portrait Amber Rudd
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I am happy to clarify that for the hon. Gentleman. The current set-up is that there is an option for the licence to be revoked, but it happens over a much longer period and is likely to take longer. The concern I have over this proposal is that it is a nuclear option that would be so dramatic that it would impact deleteriously on consumers. [Interruption.] The right hon. Member for Don Valley asks how I know that, but she has not made the case to the contrary; that is the concern I have.

We have strengthened the powers of the regulator. I have already mentioned the Energy Act 2013 powers that enable Ofgem to require suppliers to compensate directly consumers harmed by their actions. We shall also be giving Ofgem the power to send to jail people found guilty of energy market abuse or manipulation, in the same way as those who manipulate the financial markets face criminal sanctions, but the effective markets we need to deliver for consumers are not just achieved through enhancing the powers of the regulator. The Government believe that vigorous competition in the energy markets is the best way to sustain downward pressure on prices and deliver a better deal for consumers. I say that this is the Government’s view and I want to reassure the hon. Member for Southampton, Test (Dr Whitehead) that we cannot get a cigarette paper between me and my colleague the Secretary of State. We are agreed on the need to oppose this motion. We know what we are doing, and I am sorry to hear that the hon. Gentleman felt the Secretary of State was putting an argument he did not believe in, but I want to reassure the hon. Gentleman that we are agreed on this.

The hon. Gentleman endeavoured to clarify the circumstances in which the nuclear option could be required by referring to the legal document, but he decided to take issue with the Secretary of State’s interpretation—an interpretation he will not be surprised to hear that I support. As with his colleagues, however, we did not hear an example of when this nuclear option would be required, and I feel this was the weakest part of what we heard from the Opposition in general.

My hon. Friend the Member for Monmouth (David T. C. Davies) made some important and interesting comments about energy prices. I would like to reassure him about smart meters. I say to him, “Have no fear” because our smart meter programme is part of helping consumers reduce their usage and be in control of their spending and, ultimately, of bringing lower prices.

David T C Davies Portrait David T. C. Davies
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If that is the case, why are the Government having to sell this? They do not have to sell other services to consumers, so if smart meters are a good idea, why not let the consumer decide whether they want them?

Amber Rudd Portrait Amber Rudd
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It is always partly carrot and stick, is it not? We have to make clear to consumers what the opportunity is; otherwise, they are going to be reluctant to change. However, I am sure that we can, and I hope to win over my hon. Friend’s support in due course.

The hon. Member for Llanelli (Nia Griffith) spoke about her concerns for consumers, and she has done so on many occasions. I am just concerned that she feels so strongly about this one motion and feels that the proposal would be a silver bullet to sort out the problems for consumers. I cannot share her view.

It was a pleasure to hear from my hon. Friend the Member for Warrington South (David Mowat), who is very experienced in the market in general. He made the point that the Opposition’s proposal, although worthy of consideration, completely fails to convince because it has no example and therefore no factual base. In his focus on lower prices for consumers, he pointed out we have the lowest gas costs in Europe. He demolished Labour’s energy policy with particular focus on how it lets consumers down.

The hon. Member for Bolton West (Julie Hilling) again focused her rationale on the Labour proposal as though it were some sort of silver bullet to rectify the entire market. We are taking action to rectify that market and we are making progress. She insists that this power is needed while failing—as did her fellow Labour Members—to give an example of which company would be liable to this nuclear option and why.

I was delighted to hear from my hon. Friend the Member for South Derbyshire (Heather Wheeler) who made a powerful speech, as always, about the importance of investment in energy in her constituency, and expressed her concern that this Opposition proposal is gesture politics and would undermine crucial investment that we are securing from international investors.

The hon. Member for Middlesbrough South and East Cleveland (Tom Blenkinsop) chose to comment on the difference between our parties regarding regulation. I cannot let that pass. He had the temerity to refer to the regulation of the banks in 2007. The banks were regulated by the Bank of England for decades until Labour’s tripartite arrangement, which was an unmitigated disaster. If the House needs evidence of the results of Labour’s regulation, it need look no further than the banking crisis. The hon. Gentleman was also wrong on fuel poverty, which is falling, and wrong on the support that we are rightly giving to consumers.