Feed-In Tariffs: Chris Huhne Bids To Overturn Solar Panel Subsidy High Court Ruling

Chris Huhne

First Posted: 13/01/12 12:14 GMT Updated: 13/01/12 12:14 GMT   PA

The government has launched an urgent bid to overturn a High Court ruling that has hit its plans to cut subsidies for solar panels on homes.

Energy secretary Chris Huhne wants to reduce 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 last year.

But just before Christmas, Mr Justice Mitting ruled that it would be unlawful for the minister to carry out his plan to implement the cuts in April this year by referring back to the December 12 deadline last year, which had fallen in the middle of a consultation period.

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 were not, in his judgment, "calculated to further that statutory purpose".

His decision was a victory for environmental campaigners Friends of the Earth (FoE) and two solar companies - Solarcentury and HomeSun - who said the plans to halve subsidies were creating "huge economic uncertainty" for the small-scale solar energy industry.

But today, Jonathan Swift QC, acting for Huhne, told Lord Justice Lloyd, Lord Justice Moses and Lord Justice Richards in the Court of Appeal that the judge had misunderstood the scope and purpose of the FIT scheme.

The scope of the Secretary of State's power under section 41 of the 2008 Energy Act - by which the case stood or fell - was widely drawn and expressly included provision to make modifications as to the circumstances in which payments were made and the calculation of the amount of any such payment.

The government wants to hurry in tariff reductions because it believes the current subsidies are too generous and will "severely deplete resources for future solar PV generators, or for other technologies".

After the High Court ruling, a spokesman said: "Without an urgent reduction in the current tariffs, which give a very generous return, the budget for the scheme would be severely depleted and there would be very little available for future solar PV generators, or for other technologies.

"Our view is that the urgent steps we have proposed to protect the scheme for the future are fully consistent with the scheme's statutory purpose."

FoE and the two companies have agreed that the appeal, which they are contesting, is urgent.

Counsel Sam Grodzinski QC said: "Until the lawfulness of the secretary of state's proposal is finally resolved by the courts, those still wishing to participate in that industry cannot know the economic consequences of doing so.

"This means that many projects have already been abandoned and many jobs have been lost; and the longer the uncertainty continues, the greater the number of businesses and jobs put at risk."

The hearing is expected to end late this afternoon with the possibility of a decision delayed until early next week.

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The government has launched an urgent bid to overturn a High Court ruling that has hit its plans to cut subsidies for solar panels on homes. Energy secretary Chris Huhne wants to reduce feed-in tar...
The government has launched an urgent bid to overturn a High Court ruling that has hit its plans to cut subsidies for solar panels on homes. Energy secretary Chris Huhne wants to reduce feed-in tar...
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07:53 AM on 02/15/2012
should someone check out just what ministers have in the way of vested interests in the big six, energy cartel ?after all they are in the right place for insider information !
07:46 AM on 02/15/2012
if this was me or you it would not take years to come to court ,it just goes to show that there is one law for them and another for us !
11:58 AM on 01/30/2012
I see in the comments that I am a 'climate-change' denier, see rabidrightwatch. As the latest data issued last week from the Met Office and University of East Anglia Climatic research Unit clearly show that since 1997, the world average temperature has been stable, then perhaps we should refer to 'climate-change rabble rousers'.

Having studied meteorology since 1967 as a pilot and navigator in the RAF and civil aviation, I refer back to my first met instructor's comment. 'There is only one thing that affects our climate and that is the sun. When it gets hot, we get hot, when it gets cold, we get cold'.

If people want to use other energy sources, why should tax payers support this? Yes we need to save energy, yes, fossil fuels are finite, but can we finally put the global warming is caused by CO2 to bed and look at how we create energy and how we use it with proper scientific rigour and not green rhetoric!
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03:45 AM on 01/23/2012
Tariff_Traffic. Close call mr. mp.
ThinkCreeps
Seriously, it's time.
05:05 PM on 01/13/2012
Huhne drives like a maniac, and makes policy like he drives.
ThinkCreeps
Seriously, it's time.
05:04 PM on 01/13/2012
So, is Huhne's perjury trial going to happen before or after he stops appealing his feed-in-tariff suit?
03:25 PM on 01/13/2012
Please, does anyone out there believe anything promised by politicians - I'd really like to know.
photo
rabidrightwatch
Green lefty & active environmentalist
03:20 PM on 01/13/2012
I installed solar PV in 2006 - before the days of feed-in tariffs.

My electricity company gave me a good deal, and as FiTs were gradually introduced, my investment was eligible to receive these subsidies.

I never expected to 'get my money back' as the climate-change denier camp insisted we all consider before committing to solar PV (for which other consumer item does one ask the salesman 'when do I get my money back please? - ominous silence) as this wasn't the reason for installing in the first place.

Now that 'when do I get my money back' is firmly entrenched in the British psyche, solar PV has had a difficult time establishing itself.

Along came feed-in tariffs to kick-start the industry - similar to subsidies which support other energy sources, notably nuclear - and the industry blossomed.

Enter the Coalition which, in their respective manifestos, promised to equalise all FiTs for all users, regardless of date of installation; an election promise cynically broken three weeks after the Election.

Now they reduce FiTs by over 50%, effectively stalling the burgeoning solar PV industry, torpedoing companies and thousands of jobs - in the middle of a recession.

Whichever decision on FiTs is reached, can we trust this Government to keep their collective word for longer than a couple of weeks?

It doesn't seem like it;in the meantime, the solar PV industry is in limbo.
Nice one Tory-led Government, it's nice to know that we're all in this together..!!