Solar Panel Plans 'Legally Flawed'

Chris Huhne

First Posted: 21/12/11 18:05 GMT Updated: 21/12/11 19:23 GMT   PA

Government plans to cut subsidies for solar panels on homes have been ruled legally flawed by the High Court.

The decision was a victory for environmental campaigners Friends of the Earth and two solar companies - Solarcentury and HomeSun - who challenged the proposals and said they were creating "huge economic uncertainty".

Energy Secretary Chris Huhne wants to cut feed-in tariff subsidies (FITs) - payments made to households and communities that generate green electricity through solar panels - on any installations completed after December 12 this year.

But Mr Justice Mitting, sitting in London, said the minister was "proposing to make an unlawful decision".

Friends of the Earth's executive director Andy Atkins said: "These botched and illegal plans have cast a huge shadow over the solar industry, jeopardising thousands of jobs. We hope this ruling will prevent ministers rushing through damaging changes to clean energy subsidies - giving solar firms a much-needed confidence boost."

The reductions are being hurried in because the Government believes they are too generous and costly in the face of the falling costs of solar technology and the number of people wanting to take advantage of the scheme.

Mr Justice Mitting said he was satisfied that the Government's proposals were already having "a significant impact" on the solar panel industry.

He declared that implementing Mr Huhne's proposals, as planned, in April next year by referring back to the December 12 deadline, which had fallen in the middle of a consultation period, would be unlawful.

He said the Energy Secretary was entitled to make modifications for "the statutory purpose" of promoting small-scale, low-carbon electricity generating schemes. But changes made by reference to the earlier date of December 12 "are not in my judgment calculated to further that statutory purpose".

The judge refused the Energy Secretary permission to appeal against his ruling, saying his "prospects of success" were insufficient to justify permission. The minister must now ask the Court of Appeal itself to hear his case. The judge said he would do all that he could to ensure an early hearing in the new year if the appeal judges agreed to hear the case.

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Government plans to cut subsidies for solar panels on homes have been ruled legally flawed by the High Court. The decision was a victory for environmental campaigners Friends of the Earth and tw...
Government plans to cut subsidies for solar panels on homes have been ruled legally flawed by the High Court. The decision was a victory for environmental campaigners Friends of the Earth and tw...
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04:41 PM on 01/02/2012
Someone in the government (or at least The Treasury) will be getting a smacked bottom over this.

They'll probably like that!
ThinkCreeps
Seriously, it's time.
11:15 AM on 12/25/2011
Given the UK needs to replace about 20GW of generating capacity within the decade, subsidies might be a good plan.
ThinkCreeps
Seriously, it's time.
07:54 PM on 12/24/2011
Huhne caught speeding again.
02:41 PM on 12/23/2011
Do we really want all these useless windmills and solar farms all over the countryside ? They will never be anything other than a joke. Made in China and Norway. Bought by mugs in Westminster. Using OUR money.
lastpost
see biography
01:12 PM on 12/22/2011
“subsidies for solar panels ”
If renewable energy makes sense, then not assisting it clearly doesn’t. If the government does not have the funds to do so, then why not devise a tax or investment incentive that will attract the private monies necessary? Or is that in the realms of rocket science? If it is, then better hand it over to the non-profiteering co-operative movement to configure.
10:14 AM on 12/22/2011
no-ones bothered about the "green" issues just the reduction in profits for the power companies if there was a mass uptake of solar panel power, otherwise councils would be mounting them on every council house roof and every government building.
photo
Ian Llangan
Your Invisible Sky Friend Is Morally Abhorrent
09:12 AM on 12/22/2011
A sensible government would give several years - maybe even a decade or two - worth of subsidies and other assorted tax breaks and incentives for solar power to be widely embraced and implemented, particularly on the residential, grid-feeding level. This smacks of poor planning and a disinclination to let go of fossil fuels evven as they become increasingly scarce and punishingly expensive. Strange way to govern!
04:55 AM on 12/22/2011
At last some sense on this. Just another example of this government not knowing what it is doing. I see the judge refused permission to appeal as such an appeal would have little chance of success. Therefore the tennure on which these proposed chages were based were very faulty and the Government should have known this.

That makes them and particularly the Minister arrogant as well as stupid.