Energy Company Licence Revocation Debate

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Energy Company Licence Revocation

Jonathan Reynolds Excerpts
Wednesday 3rd September 2014

(9 years, 8 months ago)

Commons Chamber
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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.

--- Later in debate ---
Jonathan Reynolds Portrait Jonathan Reynolds
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I am afraid that I must now give way to the right hon. Member for Bexhill and Battle (Gregory Barker), who is, I believe, the longest-serving energy Minister for a decade. I certainly cannot allow the debate to end without allowing him to intervene from the Back Benches.

Lord Barker of Battle Portrait Gregory Barker
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I am grateful to the hon. Gentleman for giving way. He says that no one would oppose the digression in solar tariffs. May I point out that the entire Opposition Front Bench opposed it, and that their opposition would have forced up energy bills? He may not have been on the Front Bench at that time—it was some time ago—but I am sure that he would have been among the serried ranks of Labour Members who voted to keep bills higher.

Jonathan Reynolds Portrait Jonathan Reynolds
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I was there on that day, and I am sorry that the former Minister cannot remember that moment. Let me simply say to him, again, that the way in which the Government have gone about policy changes of that kind has caused terrible damage to important low-carbon parts of our economy. Let us look at what has happened quite recently. Let us look at the green deal for home improvement. There have been quick changes in policy which businesses cannot survive and with which they cannot contend. The same thing happened in the case of the energy companies obligation.

Jonathan Reynolds Portrait Jonathan Reynolds
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I will give the right hon. Gentleman one more go, although he has not been present during the debate.

Lord Barker of Battle Portrait Gregory Barker
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May I make one last point? The hon. Gentleman says that the digression that we imposed caused terrible damage. May I point out that since we reformed that feed-in tariff, more than 3 GW of solar have been added? Ours has been among the fastest-growing solar markets in Europe, and it is a legacy of which I am incredibly proud.

Jonathan Reynolds Portrait Jonathan Reynolds
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The right hon. Gentleman and I have had this discussion before, and he knows that I am always keen to give credit to the Government for the increase in solar. By that, I mean the Chinese Government. They have done fantastic things to bring prices down, and we in this country have been able to benefit from that.

I will end my speech soon, Madam Deputy Speaker. Let me end by saying that if the Government vote against our proposal to create a real deterrent, we will point out— every time further action is taken—that they did not use the opportunity to give the regulator real power to hold companies to account. Labour candidates for constituencies up and down the country will make clear that they support the measures that we propose. We will also tell people not just how long we have been discussing these issues, but how long it will be until the next general election, because then, and only then, will we have a chance to change the energy market, secure a good deal for customers, and make a switch that will truly count—the switch to a Labour Government, a Government who, for once, will be serious about taking on the issues.