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The Shocking Failure the UK Government Doesn’t Want You to Know About: Regulators’ Duties Sabotaged!

The UK’s Growing Tariff Epidemic: Ofgem’s New Mandate

Introduction
– The UK is facing a tariff epidemic, with numerous sectors burdened with increasing regulatory duties.
– Ofgem, the energy regulator, is now required by law to focus on achieving net zero emissions as it oversees the UK energy market.
– This additional mandate has been welcomed by the UK energy sector, as it shifts Ofgem’s focus from customers’ current bills to future investment needs.

The Need for Unified Direction
– Decarbonizing the economy requires unified efforts from every government body, arm’s length organizations, and quangos.
– By aligning Ofgem’s objectives with the net zero emissions target, there is hope for a more strategic decision-making process.
– However, skepticism remains as to how much of an impact this new mandate will have on overall pricing and regulatory policies.

Questioning the Necessity
– Ofgem already has duties and requirements to reduce greenhouse gas emissions and consider future consumers.
– The 2050 net zero target is already enshrined in law, raising the question of why an additional mandate was necessary.
– For a well-functioning regulator under strong strategic direction, the existing duties should have been sufficient.

The Spread of British Tariffs
– The energy sector has witnessed a steady increase in statutory duties, from eight at the time of privatization to twenty-one.
– Similar trends can be seen in the telecommunications and water sectors, with an increasing number of regulatory duties.
– The complexity of these duties risks stifling decision-making and limiting the effectiveness of new duties.

Expanding Duties in Other Sectors
– Financial regulators are now required to consider international competitiveness, which goes against their priority of financial stability.
– Various topics, such as financial inclusion and the protection of vulnerable customers, are being added to regulators’ responsibilities.
– The government has also suggested a legal obligation for regulators to consider principles on AI regulation.

Challenges and Risks
– The proliferation of duties poses challenges for regulators in balancing customer bill items and investment in the system.
– Regulatory decision-making may be compromised, and the effectiveness of new duties may be limited.
– The pursuit of social policy objectives within economic regulators raises questions about the feasibility and effectiveness of such an approach.

Net Zero and the Existing Gaps
– While attention to net zero is crucial, elevating it to Ofgem’s concern alone cannot address compromising and competing pressures.
– It cannot replace necessary policy direction or intergovernmental planning.
– The UK is still deliberating the pace of its journey towards net zero and has significant gaps in its plans to achieve it.

Expanding on the Topic: The Challenges of Regulatory Duties
– The growing complexity of regulatory duties has implications for decision-making and effectiveness.
– Balancing customer bills and investment in the system is a delicate task for regulators.
– Practical examples and anecdotes can highlight the challenges faced by regulators in fulfilling their various duties.

Case Study: Ofgem’s Response to Network Broadcast Connections
– Ofgem’s fast-tracking of network broadcast connections amidst a growing backlog showcases the impact of regulatory duties on decision-making.
– This case study demonstrates the need for regulators to strike a balance between competing pressures.

The Way Forward: Striking a Balance
– The UK needs to find a way to balance the pursuit of net zero with other economic considerations.
– Reducing the number of regulatory duties and providing clearer guidance can help regulators make more effective decisions.
– Collaboration between regulators, government, and stakeholders is essential to ensure a comprehensive and well-informed approach.

Conclusion
– The UK’s tariff epidemic highlights the challenges faced by regulatory bodies in balancing competing priorities.
– Ofgem’s new mandate to focus on achieving net zero emissions reflects the need for unified direction.
– However, it remains to be seen how much impact this mandate will have and whether it can fill the gaps in the UK’s plans for net zero.

Summary:
The UK is grappling with a growing tariff epidemic, with sectors burdened by increasing regulatory duties. Ofgem, the energy regulator, has been mandated by law to focus on achieving net zero emissions. This additional mandate has been welcomed by the UK energy sector, but skepticism remains about its overall impact. Ofgem already has duties to reduce greenhouse gas emissions, and the question arises as to why an additional mandate was necessary. The spread of tariffs in various sectors poses challenges to regulatory decision-making, and adding social policy objectives to economic regulators may not be effective. While attention to net zero is crucial, it cannot replace necessary policy direction or fill the existing gaps in the UK’s plans. Balancing regulatory duties and striking a balance between competing pressures is a complex task. Collaboration and clearer guidance can help regulators make more effective decisions.

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The UK is grappling with a tariff epidemic. The latest victim (voluntary, it must be said) is the energy regulator Ofgem, which will be required by law to focus on achieving net zero emissions as it oversees the UK energy market.

And who could argue? Decarbonizing the economy requires that every single government, every body at arm’s length and every quango push in the same direction.

The UK energy sector has welcomed the additional mandate, which it believes could lift Ofgem’s eyes away from customers’ current bills to the growing need for future investment. A phalanx of luminaries had called for a new assignment, including the government’s “offshore wind champion” Tim Pick. And you could reasonably argue that, on the sidelines, it gives Ofgem more flexibility in its decision making.

The danger is in assuming it will do much more. “In terms of overall pricing and regulatory policy outcome, it’s minimal,” says Scott Flavell, regulatory expert at Sia Partners.

One question is why it was really necessary. Ofgem already has duties or requirements to reduce greenhouse gas emissions, think about future consumers and take into account existing legislation, with the 2050 net zero target already enshrined in law. One would think that for a well-functioning regulator under strong strategic direction from the government, that would have been enough.

But the slow spread of British tariffs has been going on for some time. In the energy sector, the statutory duties have increased from eight at the time of privatization to twenty-one, according to a 2022 government report.

The telecommunications and water sectors have seen a similar trend, with Ofwat dropping from as many as six primary and secondary posts in 1989 to around 14 in 2014, depending on what you count. In all fairness, none of those specified that they should be trying to prevent the country from being absorbed into raw sewage. You wonder how it slipped through the cracks.

The proliferation continues. Financial regulators are gaining ground a duty to think about international competitiveness of the industry, one that goes against what should be their top priority of financial stability. Everyone prefers to add their favorite topic (e I’m as guilty as the others here) whether it is financial inclusion or the protection of vulnerable customers.

A tariff on economic growth went into effect for some regulators in 2017, but is being reviewed with plans to “reinvigorate” it after a notable absence of, well, growth. Ofwat, Ofgem and Ofcom could get a new growth duty. For every looming challenge, there is a duty to match: the government in March suggested a legal obligation for regulators to “pay due regard” to its principles on AI regulation.

If you think this sounds like cheap policy, that’s because it is: at best, it’s a cheap way to signal government priorities; at worst, it is a large-scale money exchange and risks clogging up the system. As the 2022 Government report states, “the growing complexity of existing duties risks both stifling regulatory decision-making and limiting the effectiveness of new duties where they are introduced”.

It is debatable whether adding social policy objectives into the purview of economic regulators makes sense. But certainly, nothing about regulators’ struggles to sensibly balance large customer bill items and investment in the system successfully suggests that asking them to triangulate for more other targets will help.

Most regulators operate on the basis of self-preservation, constantly looking for failures that will get them before a select committee. In recent years, the political mood has strongly favored curbing bills. That may now change: Ofgem has already started moving faster on network broadcast connections, some experts say, amid a large and growing backlog. Ofcom raised its price chains to enable BT to invest in fiber faster.

More attention to the net zero is welcome. But elevating it to Ofgem’s concern will not eliminate the compromising and competing pressures in its decision-making. Nor, says Adam Bell of consultancy Stonehaven, can it unseat a slow and overly prescriptive regulatory culture or replace necessary policy direction or intergovernmental planning.

The UK is still debating how fast it wants to move towards net zero and has big holes in its plans to get there. All the regulatory duties in the world cannot fill these gaps.

helen.thomas@ft.com
@helentbiz




https://www.ft.com/content/2b6472bc-45d0-498b-8409-bdbb15ac0975
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