Session 2010-12
Publications on the internet
General Committee Debates
Delegated Legislation Committee Debates

Draft Greenhouse Gas Emissions Trading Scheme (Nitrous Oxide) Regulations 2011


The Committee consisted of the following Members:

Chair: Mr Joe Benton 

Barker, Gregory (Minister of State, Department of Energy and Climate Change)  

Brake, Tom (Carshalton and Wallington) (LD) 

Creasy, Stella (Walthamstow) (Lab/Co-op) 

Donaldson, Mr Jeffrey M. (Lagan Valley) (DUP) 

Freeman, George (Mid Norfolk) (Con) 

Gapes, Mike (Ilford South) (Lab/Co-op) 

Gilbert, Stephen (St Austell and Newquay) (LD) 

Gyimah, Mr Sam (East Surrey) (Con) 

Hillier, Meg (Hackney South and Shoreditch) (Lab/Co-op) 

Hoey, Kate (Vauxhall) (Lab) 

Lefroy, Jeremy (Stafford) (Con) 

McDonnell, John (Hayes and Harlington) (Lab) 

Nuttall, Mr David (Bury North) (Con) 

Offord, Mr Matthew (Hendon) (Con) 

Rees-Mogg, Jacob (North East Somerset) (Con) 

Sharma, Mr Virendra (Ealing, Southall) (Lab) 

Vara, Mr Shailesh (North West Cambridgeshire) (Con) 

Wilson, Phil (Sedgefield) (Lab) 

Mark Oxborough, Committee Clerk

† attended the Committee

Column number: 3 

Fifth Delegated Legislation Committee 

Thursday 5 May 2011  

[Mr Joe Benton in the Chair] 

Draft Greenhouse Gas Emissions Trading Scheme (Nitrous Oxide) Regulations 2011 

8.55 am 

The Minister of State, Department of Energy and Climate Change (Gregory Barker):  I beg to move, 

That the Committee has considered the draft Greenhouse Gas Emissions Trading Scheme (Nitrous Oxide) Regulations 2011. 

It is a pleasure to serve under your chairmanship, Mr Benton. On this important day for voters and the voting system, we shall not detain the Committee too long on what I hope will be a relatively uncontroversial measure. 

The objective of the regulations is to extend the European Union emissions trading scheme—the EU ETS—to include nitrous oxide emissions in the United Kingdom as soon as possible this year. The policy has the clear benefits of reducing emissions of a very potent greenhouse gas, protecting jobs in British manufacturing and stimulating early investment in low-carbon technologies in the UK. 

Nitrous oxide is a highly potent greenhouse gas. Its global warming effect is 310 times that of carbon dioxide, so it makes sense to ensure that emissions of the gas are reduced as much and as soon as possible. A major industrial contributor to nitrous oxide emissions is the production of nitric acid to make fertiliser. In the UK, there is significant potential within the nitric acid production sector for dramatic reductions in nitrous oxide. However, for that potential to be realised, businesses require the incentive of a carbon price and the benefits that that can provide. The EU ETS is the Government’s favoured policy for putting a price on greenhouse gas emissions. Emissions trading provides businesses with flexibility on how and where they will reduce their emissions. That ensures that emissions reductions can be made where it is most cost-effective for businesses to do so. 

The EU ETS focuses primarily on tackling carbon dioxide emissions. However, there is provision in the ETS directive for member states to opt in for additional greenhouse gases and sectors. There are clear benefits for the UK to use that provision to opt in nitrous oxide emissions from the nitric acid production sector. Moreover, while all member states will include nitrous oxide emissions from nitric acid production in the EU ETS in its third phase, which starts in 2013, there are strong incentives for the UK to move early. 

The regulations will mean that the UK opts in nitrous oxide emissions for the EU ETS two years ahead of the majority of Europe. That will save the equivalent of about 1.6 megatonnes of carbon dioxide equivalent throughout 2011 and 2012. To put the savings in context, those emissions are equivalent to what 300,000 UK

Column number: 4 
homes emit annually. Extending the EU ETS to nitrous oxide production in the UK will therefore help to provide increased certainty for the UK on meeting its national carbon budgets. However, far from being something that will be difficult or a barrier for businesses, opting in early will actually help to incentivise early investment in green technology, thus giving the UK nitric acid production sector an advantage when the whole EU nitric acid production sector is included in the system in two years’ time. 

The regulations will apply in practice only to the UK’s largest fertiliser manufacturer: GrowHow UK Ltd. We have obviously consulted closely with it in preparing the regulations, and it is already investing £10.5 million in nitrous oxide abatement technology. 

I welcome GrowHow’s commitment to making significant emissions reductions. Moreover, the installation of such advanced technology will protect up to 80 full- time jobs in the UK nitric acid production sector, which is an important step in building a low-carbon, modern manufacturing sector in the UK. It is therefore clear that the economic and environmental benefits of the opt-in outweigh any additional administrative cost. There is a win-win situation, particularly because the sector in question is already covered by the EU ETS, so minimal additional administrative work will be required. 

There has been a constructive and close working relationship with GrowHow to get the details of the opt-in right, and particularly to ensure that the correct balance has been struck between providing incentives for investment in abatement and the cost of such technology. We have further ensured equal treatment for the UK by adopting the same benchmarks as those set by Austria and the Netherlands, which are the other member states that have opted their nitrous oxide emissions in to phase II of the EU ETS. I acknowledge the important work that was done in the first stages of the process by the previous Administration. 

The opt-in is fully in line with our broader climate change commitments and, most importantly, it will not increase the overall EU ETS emissions cap. The UK opt-in will use trading allowances that were previously allocated to closed installations, which means that we can maintain the environmental integrity of the EU ETS. 

Looking at the bigger picture, the policy, which reduces greenhouse gas emissions, safeguards jobs and improves the competiveness of UK industry, sends a powerful message to other countries about the potential benefits of green growth, particularly in the fertiliser sector. I commend the regulations to the Committee. 

9.2 am 

Meg Hillier (Hackney South and Shoreditch) (Lab/Co-op):  It is a pleasure to serve under your chairmanship, Mr Benton. 

The Opposition fully support the proposals. The early opt-in is sensible, and we know that nitrous oxide will be included along with carbon dioxide on a mandatory basis as part of a third phase of ETS from 2013 anyway. Several of our European neighbours, including the Netherlands, Norway and Austria, have similarly recognised that situation and gone early. As the Minister said, the

Column number: 5 
regulations should provide incentives for early reductions, as well as bringing about lower long-term costs. We hope that emissions will reduce quickly. 

The European Union emissions trading scheme has had its problems. Will the Minister write to me to update us on his progress in the EU on improving registry security following the cyber attacks on the trading registers earlier this year and to detail the discussions that he has had with his European counterparts on registry security? What assessment has he made of the current state of market confidence following those attacks? I am sure that he would agree that it is vital that

Column number: 6 
such matters are tackled if we are to get the scheme up and running and making its proper contribution to tackling climate change. 

We support the regulations. We believe that they make sense economically, given the predicted benefit of an early opt-in, and they will help the UK to reduce our greenhouse gas emissions. 

Question put and agreed to.  

9.4 am 

Committee rose.