---

Energy Bill

My Lords, this has been a short but fascinating debate. I am sure that we are eager for the answer to the question raised by the noble Lord, Lord Walton, about the definition of ““tenements”” in the amendment. I am sorry to have to disappoint the noble Lord. It might be regarded as churlish for me to stand at this Dispatch Box and suggest that your Lordships do not proceed to give the Secretary of State extensive powers and discretion in the way in which the noble Lord suggests. Seeing the noble Lord, Lord Thomas of Gresford, in his place, I recall debates in which he has argued, sometimes successfully, that the Secretary of State should not be given such wide discretion. I do not want noble Lords to misunderstand. I must confess that two weeks ago I did not know much about geothermal energy, but since then I have met the noble Lord, Lord Teverson, on a couple of occasions and now feel that I know quite a lot about the issue. I understand why noble Lords feel that this technology has potential and that we ought to legislate in advance of that potential being turned into practice. Without underestimating the potential, one has to point out, as the noble Lord, Lord Oxburgh, did, albeit in supporting the amendment, that cost remains a significant barrier to geothermal energy. My understanding is that, notwithstanding the example given by the noble Lord, Lord Walton, the sources of hot rocks at a suitable depth in the UK are limited and that hot dry rock technology must overcome many technical barriers. Noble Lords have made the point that technology is advancing at a fast pace, but we do not think that it has moved far enough to justify legislating at this stage. I do, however, have some words of comfort. Noble Lords will know that we have had the renewable energy strategy consultation. Indeed, the noble Lord, Lord Teverson, and a number of companies interested in geothermals have submitted comments to the consultation about this technology, which we will consider when we publish the strategy next spring. The amendment would allow the Secretary of State to make regulations to create a licensing system for companies exploiting the heat from deep geothermal sources for the direct use of heat and for the use of that heat to generate electricity. I understand the issue that the noble Lord raises; my officials, who have had the opportunity to discuss it with him, are much more aware of the problems with exploration and land ownership. It is a substantive point. However, given the current state of technology, it would be premature to create a regime of the sort that he has suggested. Geothermal projects could be given consent under the existing legal framework, although I understand why a licensing regime might be appropriate in due course, particularly if the technology develops and looks promising. I understand the noble Lord’s enthusiasm for wanting to drive this forward, but there are risks in trying to create an enabling framework in primary legislation at a very early stage. In general, your Lordships’ House does not favour such an approach. I also wonder what the Delegated Powers and Regulatory Reform Committee might have to say about it.