Last week the solar lobby won another landmark battle against the Government’s “premature” cut to the feed-in tariff. This was the one if you’ll recall which took effect in December even before the consultation on tariffs had closed.
The High Court ruled before Christmas that the Government’s actions were unlawful and that decision was upheld by the Court of Appeal. The Government was refused leave to appeal to the Supreme Court (the highest court in the land) but Chris Huhne issued a statement saying they’d seek to appeal it anyway by going straight to the Supreme Court. It’s doubtful that would be heard anytime soon. The revised tariffs will now come into effect from March.
It’s such a massive shame that had the tariffs always been intended to come into effect from March, there wouldn’t have needed to have been (a) the massive confusion that there was and (b) a huge amount of time and effort wasted on legal fees. The government’s plans to appeal directly to the Supreme Court seem to be just throwing another pile of cash on the fire. It’s difficult to see how in an economic climate with limited reserves, the government can really believe that further legal action in the face of two categorical defeats will really be money well spent.
[Edit 7 February - the government's appeal is based on one part of the court's decision about the minister acting within his powers - so the challenge is now about constitutional issues. Unfortunately this means that what tariff applies between December and March isn't going to be clear until the legal process is completed.]
The High Court Appeal decision leaves the solar lobby with the moral high ground. Notwithstanding the current uncertainty about the rate between December and March, the bigger issue is perhaps that it’ll be difficult to know how many projects were pulled as a result of the whole debacle and just how many kWh we’ve missed out on as a result. Best we can hope for is that the future changes are perhaps a little better considered. And as the solar supporters have now roared, perhaps it’s one step towards being a louder voice in the UK energy debate.

