Judicial Review - Friends of Earth/HomeSun/Solarcentury win case against government on solar
The implications of the JR decision mean that the pre 12th December tariffs cannot be changed until after the full parliamentary process – i.e. an 8 week consultation, followed by a review of the responses and then a 40 day period before the legislation takes effect. This is unless the Government wins an appeal.
Government was not given leave to appeal, but if it wants to make a case it must put that forward by 4th January 2012.
Effectively the situation for systems going in now is one of two things.
· If Government is able to appeal, and then wins, we go back to the current situation. I.e. there is a consultation ongoing, and a domestic system can expect to earn 21p (or whatever government concludes after the consultation) from 1st April.
· If government is not able to appeal, or if it loses on appeal, then the 43p tariff remains in place until the Parliamentary process has concluded (expected to be 1st April 2012).
The REA’s position is that we are deeply concerned about the implications of this JR decision. Securing the future of the UK solar industry and the wider Feed In Tariff are our top priorities. It is essential to secure more budget and for there to be some stability in the policy.
The predominant feedback from members expressed so far is that they want look forward, and to carry on their businesses focused on the new proposed tariff levels, and are concerned about the budgetary implications of a return to 43p, albeit they may be pleased that DECC has been sent a message that there must be stability for investors and careful management of changes to support mechanisms.
Additional news is the publication of two select committee reports which criticise Government’s handling of the tariff changes. Listen again to Tim Yeo on Radio 4.
Other examples of coverage in the media can be found on
http://www.guardian.co.uk/environment/2011/dec/21/solar-subsidy-cuts-legally-flawed Andy Atkins, Howard Johns quoted
http://www.guardian.co.uk/environment/2011/dec/22/feed-in-tariffs-solar-subsidy Tim Yeo, Joan Walley, Andy Atkins.