Energy Company Licence Revocation Debate

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Energy Company Licence Revocation

Graham Stringer 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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I congratulate the hon. Gentleman on getting that question into this debate. I say gently to him that on CfD and state aid we have clearance, so presumably the Commission has examined that matter. I have not specifically asked it that question, but it has given us state-aid clearance. The way we have proceeded with the allocation proposals for CfD is to ensure that we get just that investor confidence, and the fact that we are seeing such interest and such investment is tantamount to showing that we have it right.

Failing to focus on competition is a serious mistake by the Opposition, because many smaller suppliers competing against Labour’s big six are doing so not just on price but on the basis of better customer service. If we talk to the independents about their business model, we hear some of them say that higher quality customer service is their main competitive edge. The growth of competition since 2010 suggests that they are right and that competition has a key role to play here. From less than 1% of the market, the small suppliers now have more than 7% and it is still growing. Customers now have more choice than ever, with 25 suppliers competing for their custom.

Small suppliers provide electricity to 2 million customers, and they have gained more than 1 million customers in the past 12 months. Clearly, customers are voting with their feet when they are not happy with the service they are getting. Yes, we need to make the competition rule work more effectively, which is why we support the independent Competition and Markets Authority in the most profound investigation of British energy markets ever seen.

It was telling to hear that the right hon. Lady does not intend to wait to hear the result of the Competition and Markets Authority investigation. She will prejudge the authority’s report. That is quite a revelation, which is worthy of more debate. We are not simply waiting for that report from the Competition and Markets Authority. We have already done so much to encourage new suppliers and to make switching easier, simpler and quicker. We believe that we must continue to sharpen the competition tool for consumers, so that when they are poorly treated, they can vote with their feet.

I am acutely aware that competition has not always worked for the most vulnerable in society, such as elderly people who might not be internet savvy. During my time as Secretary of State, I have placed a focus on new business models and new ways of helping such people—from collective switching to developing, with the voluntary sector, citizens advice bureau, Age Concern and so on, new forms of advice with the big energy saving network. Ofgem is also increasingly focused on how we can ensure that energy markets better serve the fuel poor and the less well off.

Graham Stringer Portrait Graham Stringer (Blackley and Broughton) (Lab)
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The implication of what the Secretary of State is saying is that he accepts that competition is imperfect at the present time. If we have a situation in which competition improves and there is better service all round, is he saying that when an energy company behaves in an appalling fashion they should be able, in all circumstances, to continue to supply energy to consumers and that there should not be the ultimate sanction of saying, “Your behaviour is so appalling that you no longer have the right to deliver gas and/or electricity in this country”?

Ed Davey Portrait Mr Davey
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No, I am not saying that. If the hon. Gentleman waits for a second, I will put a lot of emphasis on tough regulation, but there needs to be a balance. There needs to be competition as well, because it can often work more quickly and more effectively, and it really hits the firms that are losing customers. Some of the big six have lost tens of thousands—in some cases, hundreds of thousands—of customers because we have enabled competition. I accept that things are not perfect yet, which is why we are working so hard.

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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.

Graham Stringer Portrait Graham Stringer
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My hon. Friend is, as ever, making a profound speech, enabling the House to benefit from his considerable knowledge. Does he believe that the people of Warrington South, Southampton, Test and Manchester would dance in the streets at the prospect of Centrica, British Gas or npower being threatened with the removal of their licences because of their appalling behaviour over the past 20 years or so?

Alan Whitehead Portrait Dr Whitehead
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My hon. Friend is absolutely right. Were I to knock on doors in Southampton, Test and refer people to the rail regulator’s compliance arrangements and relate them to Ofgem and ultimate sanctions I might get a fairly dusty response. If I were to say to them, “Energy companies appear to have been ripping you off over many years in many different ways and the huge fines levied on them don’t appear to have made any great difference, whereas now it is being proposed that they may simply be told to leave by the back door with their possessions and not supply you with energy any more”, then they would indeed be dancing in the streets. I can only say in my defence that I am not a dancing in the streets kind of politician, but others might wish to do that on my behalf.

We are aware that regulatory arrangements exist for other industries and that they should therefore exist for this industry. That is the nub of the issue, and I hope that Members will support that simple, central point on the regulation of electricity and gas in the future.

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—

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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.

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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.