1: After Clause 1, insert the following new Clause—
“ObjectivesGreat British Energy’s objectives are—(a) to reduce energy costs in the United Kingdom in a sustainable way,(b) to enhance the United Kingdom’s energy security,(c) to increase the levels of clean energy generation in the United Kingdom, and(d) to increase the availability of long-term energy storage infrastructure in the United Kingdom.”
My Lords, I thank the noble Lord, Lord Vaux of Harrowden, for adding his name to Amendment 1. The amendment would add to the Bill a statement of objectives for Great British Energy.
In Committee we had a couple of debates about the difference between objects and objectives. While the words are closely linked etymologically, they mean rather different things in the context of the Bill. Objects are specified in Clause 3 in the context of Great British Energy’s articles of association, which is a document required by company law. Prior to the Companies Act 2006, every company had to have an objects clause, which defined the extent of the powers of the company. Since that Act, objects of a company are unlimited unless the articles specifically restrict its objects. That is what Clause 3 does—indeed, it uses the word “restricted” in subsection (2). Clause 3 does not require Great British Energy actually to do any of the listed activities—rather, it prevents Great British Energy carrying out things that cannot be fitted within the scope of the subsection (2) list.
My proposed new clause focuses on what Great British Energy should be achieving, rather than what it can and cannot do. It can then be held accountable if it fails to achieve what it was set up to do. Accountability is one of those concepts that is deeply unsexy but absolutely essential in the world of quangos.
Quangos such as Great British Energy are typically given a significant degree of independence, and Ministers, when it suits them, typically hide behind that independence. If strong accountability foundations are not created when a body is formed, Parliament will find it difficult to hold that body to account at a later stage.
The objectives that I have drafted in this amendment are fourfold. I have attempted to draft them in a politically neutral way that I think represents what the Government want to achieve with Great British Energy. I would not have drafted these objectives for Great British Energy, given a free hand—but then, given a free hand, I would probably not have set Great British Energy up.
My Lords, I shall speak to Amendment 37 in this group and to Amendment 1, which has been introduced by the noble Baroness, Lady Noakes, and to which I have added my name. Before I start, I thank the Minister and his team for the very constructive and helpful discussions that we have had since Committee. We have made good progress and I am very grateful. I also thank the noble Baroness, Lady Noakes, and the noble Viscount, Lord Trenchard, for their support for my Amendment 37.
The noble Baroness, Lady Noakes, has already introduced Amendment 1 with her usual clarity, so I will try not to repeat her too much. As we discussed at some length in Committee, this Bill creates GBE as an entity, but nowhere does it set out what GBE is actually expected to achieve—what its aims or objectives are. As the noble Baroness just pointed out, Clause 3 sets out its “objects”, but we should be completely clear that the objects set out only what the company is allowed to do, not what it is intended to achieve. The only place where the company’s aims will be set out will be in the statement of strategic priorities in Clause 5. However, we have not seen these, even in draft. They will be published sometime in the future and are not subject to meaningful parliamentary scrutiny. They will be laid before Parliament, but there is not even the level of scrutiny that may be applied to a negative statutory instrument. Your Lordships’ Constitution Committee described this as being “disguised legislation”.
It is important that the Bill should include, at least at a high level, some statement as to what GBE is actually intended to achieve. The noble Baroness, Lady Noakes, should be commended for not trying to score political points with her Amendment 1, which is why I have supported it. I think that she has tried to align the objectives in her amendment with what the Government have said are the goals for GBE, so I hope the Minister will look kindly on it. If not, and if the noble Baroness were to divide the House, I would be minded to support her.
My Lords, I will speak to my Amendment 17 in this group. This probing amendment seeks further clarity from the Minister on the Government’s commitments to Great British Energy’s budget. It seeks information on the timing of the delivery of the budgets that have been promised and further clarity on Great British Energy’s ability to borrow funds in the future.
I have raised a probing amendment on Report because, as we have heard, this money is still subject to the spending review, and we have seen recent announcements from the Chancellor surrounding growth. For those reasons, we seek clarity that the £8.3 billion up to 2029 is available as promised and will be delivered. We previously saw cuts to Labour’s £28 billion green deal before the election. The key thing—and I hope the Minister will agree—is that there is absolute clarity on these matters; that is needed for securing the £60 billion in private investment. We need clarity and consistency in policy direction, which I hope this Government will maintain.
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We have discussed wider issues on the budget and the borrowing powers that may be available to Great British Energy at some point in the future. I appreciate that the company is being set up, and that these matters are being actively discussed with the Treasury, but it would be useful if the Minister could give some update to the House on where the Government’s thinking stands on these matters.
My understanding is that the basic assumption is that Great British Energy will be set up and that, when it is established, it should be given borrowing powers in the future. Can the Minister say what the timeframes are for giving those borrowing powers? What kind of prerequisite conditions is GB Energy expected to meet before the Treasury gives it those powers? I hope that the Minister agrees that, if the Treasury has too tight fiscal controls in its handling of GB Energy, and GB Energy was not given these investment powers so that it could borrow to invest in growing, taken together this would restrict the ability of GB Energy to meet its objectives as set out in the Bill.
GB Energy is in a unique position—a different position from private companies—in that it can take a long-term and strategic view of the UK’s future energy needs. Indeed, it can make investments that other private companies may not be capable of or just simply will not make. Those investments are in the long-term national energy interest of the UK. Therefore, I seek clarity on all those matters.
Turning to the other amendments in this group, I thank the noble Baroness, Lady Noakes, for speaking to my amendment and raising the point about the budget, and for her Amendment 1, and the noble Lord, Lord Vaux of Harrowden, who has added his name to it. We do not oppose the spirit of the proposed new clause, but we are not absolutely certain that it is necessary in the Bill. We believe that GB Energy, by its very nature, will reduce our energy costs and enhance our energy security. I have a slight issue with the words “in a sustainable way”; I suspect that my reading of them and that of the noble Baroness might be slightly different.
GB Energy will fundamentally increase the levels of green energy that is generated and free us from the fluctuations of foreign energy markets. We believe that these are settled matters that the Minister himself has spoken to from the Dispatch Box. We have more sympathy for the issue of long-duration energy storage. On that point, it would be useful if the Minister could say that it is his belief that the strategic priorities for GB Energy will engage in long-duration energy storage.
I am grateful to the noble Earl. He said that he thinks that green energy will lower costs. So far, green energy has actually raised costs. Why should it lower costs in the future?
I thank the noble Lord for his intervention. Green energy over time will lower costs. There is an initial hump to get over with investment, but the trouble that we need to address is our increasing and continued dependence on the vast fluctuations in foreign gas markets. We saw what happened with the war in Ukraine, and we saw that the noble Lord’s Government had to invest £40 billion towards subsidising bill payers—money that was invested for no long-term benefit. We must get away from those things and we must have energy security. These are investments in Britain and in reducing our bills, and they are worthwhile doing. It is really important that GB Energy invests in these emerging technologies. That is why I have raised my amendment on GB Energy’s ability to borrow; if GB Energy cannot borrow it will not be able to make these key investments.
Amendment 20, tabled by the noble Lord, Lord Offord of Garvel, and the noble Earl, Lord Effingham, is about the annual report and financial assistance provided to GB Energy. We expect this to happen, so do not feel that the amendment is necessary.
We support the spirit of Amendment 37, but expect the Treasury to require all these areas to be reported on. Having reflected on what was said in Committee and the Minister’s response, we expect GB Energy’s reporting requirements to be similar to those of the Crown Estate. It would be useful if the Minister could confirm that.
Amendment 39, in the name of the noble Lord, Lord Frost, and supported by the noble Viscount, Lord Trenchard, is one of the strongest Conservative amendments to be tabled on Report. We have some sympathy with proposed new subsection (1), which is similar to an amendment I moved in Committee. At that stage, it did not win the Minister’s favour—I suspect that that might be the case again today. Where I slightly part company with noble Lord, Lord Frost, is in relation to the annual review for the chair of GB Energy. My view is that an important and good annual review would not be one that was fully made public. To me, that seems a slightly strange request, and may be counterintuitive to the object which he seeks.
I support Amendment 1, in the name of my noble friend Lady Noakes. I should declare at this point that I live about five miles away from Sizewell B nuclear power station and one that is about to be built, Sizewell C, and less than a mile away from other energy infrastructure that is still going through the planning process.
A lot of my time at the other end was taken up with considering the importance of energy, not only for a long-term sustainable future but the security issues rightly referred to in these objectives. The reason these objectives matter is that this is an unprecedented situation, where we are handing, in effect, a blank cheque to an arm’s-length body. Admittedly, it will have strategies set by the Secretary of State, but, as has been pointed out, there will be absolutely no reference to Parliament in its consideration. That is why the amendment tabled by my noble friend Lord Frost has attraction, in proposing at least having a direct connection with two Select Committees of the other place and a relationship with the chair of GB Energy. As my noble friend pointed out, these are the reasons that the Government gave us for having this new entity. Therefore, it would make a lot of sense for the Government to accept this amendment directly.
On Amendment 17, where I disagree with the noble Earl, Lord Russell, is that I do not believe we should get into legislation that dictates the amount of taxpayers’ money that will be spent. I have seen that happen before in legislation, and then all of a sudden money starts getting wasted. The whole purpose of this financial vehicle is to de-risk and bring in external private investment. That is a sensible approach, especially given the amount of uncertainty, which I appreciate the Government are trying to address in other ways. Nevertheless, for something such as energy security, a significant amount of investment is going to be required right across not just Great Britain but the United Kingdom, and this is a critical moment for our nation. That is why, while I think there will be money well spent, we should not be dictating a minimum.
My Lords, I will speak to Amendment 39 in my name. I thank the noble Viscount, Lord Trenchard, for putting his name to it, and thank the noble Earl, Lord Russell, for his warm comments on at least aspects of this amendment.
The broad aim of Amendment 39 is to do what a lot of other amendments have sought to do, both in Committee and no doubt today, which is to ensure that GBE gets the kind of scrutiny that a major public company would get: that is, its internal procedures, processes and purposes get a degree of public attention and comment. I worry that we are setting up a company over which there will be relatively little oversight and perhaps rather idiosyncratic governance compared with a normal public company. So it is with that in mind that I have tabled Amendment 39.
There are two aspects to the amendment. One is about pre-appointment scrutiny and the other is about what happens once the chair has his feet under the desk, as it were. I share the view of the noble Earl, Lord Russell, that the first part of this is the most important part of the Bill.
Before getting into the substance I should declare an interest, which is that I am an unpaid director of the group Net Zero Watch—I am sorry for not mentioning that at the very start.
On the first aspect of this amendment, its purpose is to make sure that the appointment at least attracts a degree of scrutiny and comment from relevant Select Committees. When I put this amendment down in Committee, I had in mind only the Treasury Select Committee in the Commons, but I have picked up the suggestions made by others that the Environment and Climate Change Committee also ought to have a role in this. I emphasise that this amendment would not give those committees a block. The right to make the appointment does not go to those committees; it is the right to comment on a decision that the Secretary of State proposes to make and which he or she will still be able to make after the Select Committees have looked at it. That degree of public scrutiny is important. The chair is a public figure in many ways, and in fact we have seen, from some of the statements he has made already, that he intends to use that public platform to make comments. It seems right in these circumstances that there should be a degree of political scrutiny of this.
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The first objective is
“to reduce energy costs … in a sustainable way”.
I think there is common agreement that UK energy costs are too high, particularly for business consumers and by comparison with international standards. The other three cover energy security, levels of clean energy, and long-term storage infrastructure, which align with the Government’s aims for Great British Energy. If the Government prefer different words, I am not wedded to these ones and would be happy to discuss alternative formulations.
The Minister may well say that all of this will be covered by the strategic priorities to be set under Clause 5. Since the Government have refused to share even an outline of the strategic priorities which they intend to set for Great British Energy, or the framework document which will be agreed with it, it is difficult for the House to tell whether that is the case. In terms of ordinary usage of language, strategic priorities are not the same thing as objectives. Priorities might simply be things that the Secretary of State wants Great British Energy to focus on—perhaps based on technologies, types of energy, geographic locations and those sorts of things—but they might well fall well short of describing what Great British Energy is intended to achieve.
This amendment is not about the Government’s energy policies or the role of Great British Energy in those policies. It is straightforwardly about accountability and laying the foundations for Great British Energy to be held accountable in an effective way in due course. Great British Energy should, I submit, be judged on the outcomes that it achieves. There is a danger that if objectives are not set up front, we will be able to judge it only on what it has done and not what it has achieved. That is tantamount to giving Great British Energy a free pass on accountability.
I have also added my name to Amendment 37, in the name of the noble Lord, Lord Vaux. There are two important issues here, one general and one specific. The general point is that it is quite normal for the Government to take powers to specify what a public body reports on. Private sector reporting rules that exist for companies do not automatically ensure that the interests of public sector accountability are supported and, in many cases, public sector bodies do things that simply do not happen in the commercial sector. That will be the case for Great British Energy.
My specific issue is a subset of that general point. We need to make sure that Great British Energy reports on the extent to which it has achieved additionality, as in paragraph (d) of the proposed new subsection in Amendment 37. Additionality is a public sector concept and there is nothing in Companies Act reporting requirements that would ensure Great British Energy included relevant data and analysis. I believe we should ensure that this information is available routinely.
Lastly, this is a bit of a dustbin of a group, with a lot of individual things in it, but I will comment briefly on Amendment 17, in the name of the noble Earl, Lord Russell, which would require the Government to give Great British Energy £8.3 billion of financial assistance during this Parliament. I have remarked before that the £8.3 billion is nowhere to be found in the Chancellor’s Budget. The noble Lord, Lord Cryer, wrote to me after one of our Committee days, for which I thank him, to confirm that the Budget made no provision for Great British Energy beyond the £125 million to be spent in the next financial year. It is all to be settled as part of the current spending review.
If I were the Secretary of State for Energy Security and Net Zero, I would be looking at the deteriorating economic environment, made much worse by the Budget, with some concern. The fiscal rules are already under threat and I would not put my money on the Chancellor finding headroom for the full £8.3 billion promised in the manifesto. I shall be especially interested to hear what the Minister says in response to Amendment 17. I beg to move Amendment 1.
My Amendment 37 covers similar ground to my amendments in a later group. I apologise: I was told at a late stage to degroup them on the advice of the Public Bills Office, for some esoteric reason that I am not sure I fully understand. These amendments all try to inject some much-needed transparency and accountability into the Bill—something that is currently somewhat lacking. The only reporting that GBE must do, as it stands, is the annual report and accounts that it must file in accordance with Section 441 of the Companies Act. We had a lot of discussions on this in Committee and the Minister undertook to write to set out the additional requirements that will apply to GBE as a publicly owned entity. I thank him for his letter, which I think satisfies the first three proposed new paragraphs of my Amendment 37. The element that would still not be covered, as the noble Baroness just pointed out, is the assessment of the extent to which the investments or partnerships entered into by GBE have encouraged additional investment by the private sector.
This is extremely important. If all that GBE does is make investments that would happen anyway in the private sector then that would not be a good use of public money. Indeed, it could actually damage the creation of a thriving market for financing green energy—the well-documented concept of crowding out. There is an important role for GBE, just as there is for the UK Infrastructure Bank, now called the National Wealth Fund, to act as a catalyst to kick-start or accelerate investment in new technologies where the private sector is not yet ready to invest. There is a good precedent for this: it can be very strongly argued that the offshore wind industry, now so successful, would have been much slower to develop without the initial backing of the European Investment Bank, which the UK Infrastructure Bank was designed to replace in this country.
If the Minister will confirm clearly that he would expect GBE to report in its annual report and accounts on the extent to which it achieves additionality then I will be happy not to press Amendment 37.
I am going to stop there as I have run out of time and there are a lot of amendments in this group.
The amendment tabled by the noble Lord, Lord Vaux of Harrowden, is really sensible. This company will be in an unusual situation—not unique, but unusual—and the extra information required, particularly in proposed new paragraph (d), is the core essence of why this company is being set up: it is stepping forward to try to get others to do so.
If anything, what has evolved over many years is the need for transparency and understanding. The amount of trust that people have in how their taxpayers’ money gets spent really matters in the contract that Parliament and government have with the electorate—the taxpayer. So, elements such as this will enforce the rationale rather than just necessarily seeing energy bills tick upwards, unfortunately.
So if Amendments 1 and 37 are pressed, I will certainly support them—although, regrettably, not Amendment 17 from the noble Earl, Lord Russell.
The Minister said in Committee that this was not in line with the guidance of the Cabinet Office for such appointments. But I suggest that, even under the hard rein of the internal regimen of the noble and learned Lord the Attorney-General, guidance written by a department cannot constrain the Government, or indeed the legislature. Indeed, we see that in real life, because the appointments of the chairs of Ofgem, the Climate Change Committee and the Nuclear Decommissioning Authority, and so on, are all made in accordance with such a procedure. So there is really nothing novel here: it is the right thing to do for a major company of this nature and I hope the Minister will think hard about the defensibility of the position as it currently stands.
I will speak briefly to the second part of my amendment, which is really probing. The current arrangements for the accountability of the chair seem rather unclear. I guess formally he is accountable to shareholders, but the shareholder is obviously the Secretary of State and a chat with the Secretary of State is perhaps not enough for accountability for a company such as this. It may be that the auditors are not best placed to do that and it may be that there should be a degree of confidentiality to it, but there surely should be something that is formal and agreed and which can produce a degree of political debate. Perhaps the Minister can say exactly how this accountability will be achieved in practice, if it is not via some formal process of this nature. I repeat, to conclude, that the first subsection proposed by my amendment is the most important, and indeed, really quite substantively important to the nature of the body we are creating.