Draft Greenhouse Gas Emissions Trading Scheme (Amendment) (No. 2) Order 2023

Debate between Shailesh Vara and Graham Stuart
Tuesday 21st November 2023

(5 months, 1 week ago)

General Committees
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Graham Stuart Portrait The Minister for Energy Security and Net Zero (Graham Stuart)
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I beg to move,

That the Committee has considered the draft Greenhouse Gas Emissions Trading Scheme (Amendment) (No. 2) Order 2023.

It is a great pleasure to serve under your chairmanship, Sir Gary, and to be with colleagues from across the House on this clearly brilliantly whipped Committee.

The UK emissions trading scheme—the UK ETS— was established under the Climate Change Act 2008 by the Greenhouse Gas Emissions Trading Scheme Order 2020 as a UK-wide greenhouse gas emissions trading scheme to encourage cost-effective emissions reductions, contributing to the UK’s emissions reduction targets and net zero goal. The scheme is run by the UK ETS Authority, a joint body comprising the UK Government and the devolved Governments—we are all in this together. Our aim is to be predictable and responsible guardians of the scheme and its markets. In so doing, we will ensure that the scheme remains a cornerstone of our ambitious climate policy.

Shailesh Vara Portrait Shailesh Vara (North West Cambridgeshire) (Con)
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My right hon. Friend mentions that the UK Government are working with the devolved assemblies. Given that the Northern Ireland Assembly is not working at the moment—or not sitting, anyway—are there other mechanisms in place to ensure that the civil servants in Northern Ireland are dealing with this matter and co-operating so that we can move forward as four nations?

Graham Stuart Portrait Graham Stuart
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My right hon. Friend, with his customary acuity, will have noticed that the draft order does not apply to Northern Ireland. As it happens, there are not counterparties in Northern Ireland to which these particular provisions apply, but energy in general is devolved to Northern Ireland, and it is up to Northern Ireland to take care of it.

The statutory instrument will implement a number of necessary changes and improvements to the UK ETS. The changes relating to aviation free allocation rules and to the treatment of electricity generators follow the announcements made by the UK ETS Authority in July, in our response to last year’s consultation on developing the UK ETS. The final change remedies an inconsistency with free allocation and carbon capture at UK ETS installations.

On aviation, the SI will cap the total amount of aviation free allocation that operators are eligible to receive at 100% of their verified emissions.

The SI makes technical changes to free allocation rules regarding the electricity generator classification for industrial installations—a minority sport, if ever there were one. It will amend the electricity generator classification to consider only electricity exports in the baseline period, instead of all electricity exports since 2005, allowing operators to change their installation’s electricity generator classification if they have put a stop to the export of electricity. Electricity exports representing no more than 5% of the total produced will also be excluded from consideration in this classification.

The SI will amend the electricity generator definition to exclude installations that have produced electricity for sale if that electricity was produced by means of a high-quality combined heat and power plant operating as part of an operator’s industrial activity. That will limit reductions in free allocation entitlements and provide further encouragement for industrial operators to achieve improved efficiency for their combined heat and power plants.

The SI makes an operational amendment to the electricity generator classification to allow electricity generators to be eligible for free allowances after the application date if they can demonstrate that they produced measurable heat by means of high-efficiency co-generation during the allocation period.

The SI remedies an inconsistency in legislation to make it clear that carbon capture and other types of regulated activity may be carried out on the site of the same installation. It will allow provision of free allowances to industrial installations at the same site as a carbon capture plant.

As the Northern Ireland Assembly is not sitting and cannot consider affirmative legislation, the SI covers only Great Britain. Officials in Northern Ireland have agreed that none of the provisions currently affects operators in Northern Ireland.

These changes will deliver on commitments made by the UK ETS Authority and improve the operation of the scheme. For aviation, the SI will ensure that free allocation is distributed appropriately until full auctioning for the aviation sector begins in 2026. That follows the decision announced in July that aviation free allocation will be phased out by 2026.

On free allocation technical changes, the SI will ensure that installations classed as electricity generators, whose eligibility for free allocation is limited, are able to change their classification if they are no longer exporting electricity. The SI will also ensure that industrial installations with high-quality combined heat and power plants that export excess electricity to the grid are not classified as electricity generators, in order not to limit their eligibility for free allowances.

On the electricity generator operational amendment, the SI will ensure that electricity generators can become eligible for free allowances during an allocation period if they meet the eligibility criteria.

On free allocation rules for carbon capture, the SI will prevent industrial installations from being disqualified from receiving free allowances because they are on the same site as a carbon capture plant—a situation that would pose a risk of disincentivising the uptake of crucial carbon capture technology.

These changes either follow appropriate and comprehensive consultation with stakeholders or did not require consultation. In the “Developing the UK ETS” consultation in 2022, the UK ETS Authority considered what technical improvements could be made to the current aviation free allocation methodology until aviation free allocation is phased out. The responses to the consultation called for an end to over-allocation. The policy intent of aviation free allocation is to mitigate the risk of carbon leakage, and the policy did not intend for aircraft operators to receive more allowances than their verified emissions. To that end, in July the UK ETS Authority announced the decision to cap aviation free allocation at 100% of verified emissions.

In the “Developing the UK ETS” consultation, we considered technical changes to free allocation rules regarding the electricity generator classification. The majority of respondents agreed with our suggested amendments, and the UK ETS Authority announced that it would proceed with changes to the electricity generator classification.

A consultation was not carried out for the CCS free allocation amendment as that is a clarification of existing policy intention and not a change to the policy.

draft Civil Proceedings, Family Proceedings and Upper Tribunal Fees (amendment) order 2016

Debate between Shailesh Vara and Graham Stuart
Thursday 28th January 2016

(8 years, 3 months ago)

General Committees
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Shailesh Vara Portrait Mr Vara
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As far as the profit element is concerned, the hon. Lady will appreciate that we passed legislation to make it possible for fees to be raised to a higher level than simply cost value. She will appreciate, I hope, that the Government have a mandate to fix the economy, and that mandate was given at the general election. We put our cards on the table—our manifesto was there—and said that we would continue to have to take some tough decisions.

The increase is not an easy decision, and I do not for one moment say that it is. It is a difficult decision, but I hope she will accept that it is necessary as part of our overall scheme to ensure that we can raise sufficient funds. Through that, we can ensure that the responsibilities of the economy are taken on board by this generation and not passed on to the next or to our grandchildren.

Graham Stuart Portrait Graham Stuart
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In their modelling, the Government looked at a 10% or a 20% fall in case load volumes. Will the Minister share with the Committee where those falls are expected to land? Are we expecting to see a disproportionate reduction in the number of applications for divorce as opposed to other proceedings covered by the fee increase?

Shailesh Vara Portrait Mr Vara
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It is our expectation that where people need to divorce, they will go through that divorce. Where two people are in a relationship that is not working, they will need to separate, and many will go through a divorce. The increase will not impact in the way that the scaremongering would suggest, with people prevented from divorcing and forced to stay in abusive relationships. They will not, because the issue concerns funding and money. Where someone is saying, “I cannot afford the fees”, the answer is that remission is available.

The hon. Member for Neath asked how the remission is available. We are constantly looking at the remission system to ensure that it is easily accessible and easy to understand. We have looked at that in the past, and I am happy to continue to look at it. If she is aware of any issues or improvements, I am happy to listen, because I want to ensure that the process is made as simple and easy as possible for those in need of remission, so that what is there as of right is available, provided they meet the criteria.

Graham Stuart Portrait Graham Stuart
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May I press the Minister on this issue? He said that he does not think that those who want a divorce are likely to avoid going through the process, but the Department has modelled what will happen with a 10% and a 20% fall in case load volumes. My specific question—if he does not have the answer immediately, I am sure he can get support from somewhere—is about the percentage reduction. If divorce fees are put up by more than 30%, will we see fewer divorce applications? I want to know from the modelling how many and the percentage we expect.