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PARLIAMENTARY DEBATES HOUSE OF COMMONS OFFICIAL REPORT GENERAL COMMITTEES Public Bill Committee DOMESTIC GAS AND ELECTRICITY (TARIFF CAP) BILL Second Sitting Tuesday 13 March 2018 (Afternoon) CONTENTS CLAUSES 1 to 7 agreed to. Adjourned till Thursday 15 March at half-past Eleven o’clock. Written evidence reported to the House. PBC (Bill 168) 2017 - 2019 No proofs can be supplied. Corrections that Members suggest for the final version of the report should be clearly marked in a copy of the report—not telephoned—and must be received in the Editor’s Room, House of Commons, not later than Saturday 17 March 2018 © Parliamentary Copyright House of Commons 2018 This publication may be reproduced under the terms of the Open Parliament licence, which is published at www.parliament.uk/site-information/copyright/. 33 Public Bill Committee 13 MARCH 2018 Domestic Gas and Electricity 34 (Tariff Cap) Bill The Committee consisted of the following Members: Chairs: SIR EDWARD LEIGH,†SIOBHAIN MCDONAGH † Afolami, Bim (Hitchin and Harpenden) (Con) † Kerr, Stephen (Stirling) (Con) † Brown, Alan (Kilmarnock and Loudoun) (SNP) † McCarthy, Kerry (Bristol East) (Lab) † Charalambous, Bambos (Enfield, Southgate) (Lab) † Norris, Alex (Nottingham North) (Lab/Co-op) † Donelan, Michelle (Chippenham) (Con) † Perry, Claire (Minister for Energy and Clean † Flint, Caroline (Don Valley) (Lab) Growth) † Ford, Vicky (Chelmsford) (Con) † Robinson, Mary (Cheadle) (Con) † Gaffney, Hugh (Coatbridge, Chryston and Bellshill) † Smith, Nick (Blaenau Gwent) (Lab) (Lab) † Whitehead, Dr Alan (Southampton, Test) (Lab) † Grant, Bill (Ayr, Carrick and Cumnock) (Con) † Harris, Rebecca (Lord Commissioner of Her Farrah Bhatti, Nehal Bradley-Depani, Committee Clerks Majesty’s Treasury) † Heappey, James (Wells) (Con) † attended the Committee 35 Public Bill Committee HOUSE OF COMMONS Domestic Gas and Electricity 36 (Tariff Cap) Bill in the Bill around Ofgem’s responsibility for having Public Bill Committee regard to those various pillars are properly carried out, and that Ofgem has the arrangements in place that it Tuesday 13 March 2018 will need to look periodically at what is happening to wholesale prices and to produce reports and proposals (Afternoon) for how those wholesale price changes can be taken into account under the umbrella of the cap. Ofgem has to [SIOBHAIN MCDONAGH in the Chair] get a whole range of things right before the cap is properly in place. It is proper and right that Ofgem Domestic Gas and Electricity takes a reasonable amount of time to ensure that happens. (Tariff Cap) Bill We heard this morning that Ofgem already has some 2 pm consultations and discussions under way in anticipation of the Bill shortly being on the statute books, but there The Chair: We now begin line-by-line consideration are a number of statutory things that it has to do and a of the Bill. Today’s selection list, which is available in number of further consultations that it has to undertake. the Committee Room, shows how the amendments We were told this morning that all this is about five selected have been grouped for debate—generally because months’ work as far as Ofgem is concerned. In principle, they relate to the same or similar issues. Please note that if we assume that the Bill will be on the statute books by decisions on amendments will take place not in the the end of June, the five-month timescale that Ofgem order in which they are debated, as shown on the has set itself would mean that the cap could be effective selection list, but in the order in which they appear on by the end of November this year. the amendment paper. Decisions on each amendment Pretty much everybody associated with this Committee will be taken when we reach the relevant clause. I will and the passage of the Bill has said that they fervently use my discretion to decide whether to allow a separate want to see this legislation enacted and a proper price stand part debate on individual clauses and schedules cap in place before winter this year. By that, I am sure after debate on the relevant amendments. they do not mean when a cold snap takes place next February and looks a bit like winter, but the onset of Clause 1 winter—about the time people get their winter fuel CAP ON STANDARD VARIABLE AND DEFAULT RATES allowances. That will ensure that the price cap is in place and benefiting customers in advance of the bills Dr Alan Whitehead (Southampton, Test) (Lab): I beg they face over winter. to move amendment 3, in clause 1, page 1, line 3, leave To get this price cap in place not just over winter but out as winter comes in—absolutely on the nail, given the “after this Act is passed” time that Ofgem says it will need to get this Bill into and insert shape and to get an operational cap—we will clearly “and no later than 30 November 2018”. want to ensure that that timetable is adhered to as It is a pleasure to serve under your chairmanship, closely as possible. That is why I asked Dermot Nolan Ms McDonagh. Let me start us off this afternoon with this morning whether he thought the five-month period what I hope will be the first of many amendments that was an exact period, a maximum period or an approximate the Minister and other Conservative Members think so period. What was his view? He said that they would do reasonable and constructive that they feel impelled to their best to ensure it was within that five-month period. accept them. However, I did not get the impression from that evidence Amendment 3 relates to our consensus that an energy this morning that Ofgem was saying to us, “We can price cap needs to be agreed across the board and absolutely stand by the idea that there is a maximum brought in as soon as possible. Without presuming to possible period of that amount of time for us to do our speak on behalf of all Committee members, I believe work.” that we are all united in our support for a temporary cap to allow the market to be set right. We hope that by James Heappey (Wells) (Con): My reading of Mr Nolan’s the time the cap comes to an end, we will be reasonably evidence this morning was somewhat different. I thought assured that the market is working much better and that that he very much felt this could be delivered within five the circumstances that led to the cap’s introduction will months. The only note of caution he sounded was over not be repeated further down the road. a legal challenge. I am not sure that any timeline that we The Committee is united on our endeavour this prescribe in legislation would prohibit such a legal afternoon. We want to finish our deliberations, get the challenge from one of the current large suppliers. Bill passed as speedily as possible, and have it on the statute book by the summer—hopefully the early Dr Whitehead: The hon. Gentleman is absolutely summer—so that Ofgem can execute it. We heard this right. If there do turn out to be legal challenges, despite morning from Ofgem’s chief executive, Dermot Nolan, our best efforts in this Committee to ensure that the Bill about the processes that Ofgem will be required to is as watertight as it can be, it is conceivable that the undertake to ensure that the price cap is properly whole timetable of a price cap could be seriously derailed—I implemented. The Bill requires it to have regard to a think we have all understood that, as far as the process number of concerns, which I am sure we will discuss in is concerned. Indeed, one reason there is legislation, our deliberations. rather than Ofgem going down the road of a price cap Essentially, Ofgem has the task of ensuring that the under its own steam, which it has been claimed at provisions in the legislation for the implementation of various times could have been the case, is to ensure that, the price cap are legally waterproof, that the measures as far as possible, the proposals and what Ofgem puts in 37 Public Bill Committee 13 MARCH 2018 Domestic Gas and Electricity 38 (Tariff Cap) Bill place around them, are legally watertight. That comes we are not legislating for the good side of earnest in two parts. First, there is the question of ensuring that intentions, but for what we want to happen in the end the legislation is as watertight as possible, but there is with the Bill. To put in the Bill what we actually want to also a duty on Ofgem to ensure that, in translating the happen clarifies matters for the future, rather than instruments in the legislation into a workable price cap, spreading confusion. We will have declared—I use that it takes measures that are also legally watertight, so that word because we cannot entirely proof ourselves against it does not slip up after we have done the good work in the possibility of an unexpected legal challenge, although, Committee of making the legislation as watertight as if I can be congratulatory to the Bill’s constructors for a possible. moment, they have done a good job of ensuring that it is as legally unchallengeable as it can be— Vicky Ford (Chelmsford) (Con): In the evidence session this morning, I clearly asked whether Ofgem would be Stephen Kerr (Stirling) (Con): I perfectly understand ready for next winter, and Ofgem was not only clear where the hon. Gentleman is coming from, because that it would be ready for next winter, but outlined the Ofgem’s performance over the last few years has been very robust, transparent and deep process being undertaken less than inspiring.

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