Planning and Infrastructure Bill (Fourth sitting)

Debate between Gideon Amos and Michael Shanks

Committee stage
Tuesday 29th April 2025 Public Bill Committees

[Michael Shanks]

We are straying far from new clause 19, which I am keen to return to, but the hon. Gentleman is simply wrong on that point. Gas traded on the international market is exactly why all our constituents pay more on their energy bills. The answer is to get off gas as the marginal price setter, not to have even more of it.

The hon. Member for Taunton and Wellington made a helpful speech, although I will resist his new clause. We are in agreement about the issue of connection delays and the first come, first served process not working, and it is important that we reform that. We are of the view that our proposals do that, and the National Energy System Operator has worked with Ofgem and is of the view they are sufficient to do that.

The question of local power and local grids is an interesting approach that we are looking at. We take seriously the role of community-owned power—it is in the Great British Energy Bill, recognising our commitment to it—but we do not see it in itself as a barrier to what we are trying to do here. The infrastructure, including for local networks, that incorporates generation and demand is already permitted under the existing system. It can be constructed and operated by distribution network operators, by independent network operators or by a private wire under a statutory licence exemption provision.

We agree about the importance of community energy and are looking at a range of things, in particular at how communities might to sell power locally. They are all important points, and all this is how we will unlock the social and economic benefits of the clean power transition. For the reasons I have outlined, and because we think it is already entirely possible, we will resist new clause 19.

[Gideon Amos]

People in Taunton and Wellington are four-square behind new clause 19, but it was my hon. Friend the Member for Didcot and Wantage who spoke to it.

[Michael Shanks]

I betray my lack of English geography. I am sorry, but I assume that the hon. Members for Taunton and Wellington and for Didcot and Wantage are both in complete agreement with new clause 19. In any event, I thank them, but disagree with them both, instead of just one of them. I commend Government amendments 36 to 40 and clauses 9 to 11 to the Committee.

Amendment 36 agreed to.

Amendments made: 37, in clause 9, page 14, line 8, at end insert—

“(3A) The Secretary of State may exercise the power under subsection (3) only for the purpose mentioned in subsection (2).”

The amendment makes it clear that the power of the Secretary of State to direct the GEMA to modify a licence or agreement may only be exercised for the purpose of improving the purpose of managing connections to the transmission or distribution system.

Amendment 38, in clause 9, page 14, line 15, at end insert—

“(5A) A relevant authority may under subsection (1) modify an agreement mentioned in subsection (1)(e) or a qualifying distribution agreement even if the effect of the modification might amount to a repudiation of the agreement.”

This amendment ensures consistency with clause 12(8) in clarifying that modifications made to a particular connection or distribution agreement under clause 9(1) may be made even if the effect of the modification might amount to the repudiation of that agreement.

Amendment 39, in clause 9, page 14, line 16, leave out subsection (6).

This amendment, together with amendment 40 moves the definition of “qualifying distribution agreement” into subsection (7); this change is consequential on amendment 38.

Amendment 40, in clause 9, page 14, line 27, at end insert—

“‘qualifying distribution agreement’ means—

(a) the terms subject to which a connection is made by an electricity distributor in pursuance of section 16(1) of the Electricity Act 1989, or

(b) a special connection agreement as defined by section 22(1) of that Act;”.—(Michael Shanks.)

See the explanatory statement for amendment 39.

Clause 9, as amended, ordered to stand part of the Bill.

Clauses 10 and 11 ordered to stand part of the Bill.

Clause 12

Directions to modify connection agreements

--- Later in debate ---

[Gideon Amos]

We do not object to the clause either. The date of the judicial review challenge being six weeks from the issue of the decision in writing is consistent with the approach under the Town and Country Planning Act, and therefore does not reduce or change people’s right to judicial review. We are content to support the clause.

Question put and agreed to.

Clause 16 accordingly ordered to stand part of the Bill.

Clause 17

Applications for necessary wayleaves: fees

Question proposed, That the clause stand part of the Bill.

[Michael Shanks]

Clause 17 will confer a power on Scottish Ministers to make regulations to set and charge fees to electricity network operators for processing necessary wayleave applications that they should make in Scotland. Necessary wayleaves are statutory rights that allow electricity licence holders to install and access their overhead electricity lines and associated infrastructure on land owned by others, and in Scotland they are processed and granted by Scottish Ministers.

The objective of the change is to better resource the processing of necessary wayleave applications by the Scottish Government. It is important to act now.