Infrastructure Bill [HL]

Debate between Lord Purvis of Tweed and Lord Hunt of Chesterton

Wednesday 18th June 2014 Lords Chamber

[Lord Purvis of Tweed (LD)]

My Lords, the briefing notes accompanying the Bill say that its purpose is to:

“Bolster investment in infrastructure by allowing stable long-term funding, deliver better value for money and relieve unnecessary administrative pressures. The Bill would increase transparency of information provision and improve planning processes, allowing us to get Britain building for our future and compete in the global race”.

I do not think that any noble Lords who have taken part in this debate could disagree with those motives. Indeed, we have had an interesting debate on whether or not the Bill will deliver what this country desperately needs—a modern, efficient infrastructure to allow the economy to continue to grow.

When I served in the Scottish Parliament, my constituency had the unenviable record of being the largest area in Europe not served by a railway line. That is being corrected as the Borders Railway is finally being restored following its closure in 1969. I was intimately involved in that process during my time in the Scottish Parliament. I had the unenviable record of serving on the Scottish parliamentary committee that approved the Edinburgh tram scheme, which I confess I did not readily admit to Edinburgh taxi drivers when I was a passenger in their cabs. Therefore, I am fully aware of the complexity involved in bringing to fruition the infrastructure that we need.

The Borders Railway was a difficult project which the Scottish Government had wanted to fund—I think erroneously—through what they claimed was an innovative funding route, but which I was concerned was an untested and unsure funding route. However, the Government ultimately changed their position on that and are now using the regulated asset base for United Kingdom funding. I am pleased to note that the Scottish National Party is using United Kingdom infrastructure funding support to deliver a Scottish infrastructure project. The tram scheme, which the Scottish Parliament approved but was not subsequently built in full, is costing £125 million a mile. Some people refer to gold-plated infrastructure projects, but, as regards that scheme, the track itself could be said to be gold-plated. Our national objective is to ensure that the private and public sectors have the necessary professional capacity in this regard as well as proper planning and legislative frameworks. One thing that has not emerged in the debate so far is the factor which can make an infrastructure project—whether it involves transport, housing or energy—successful or a source of difficulty, as with the trams, and that is the professional capacity of the teams that put these projects together. If this Bill is to be successful, the projects which it seeks to deliver in a more efficient way will be delivered only if there is that professional capacity.

I wish to devote the rest of my remarks to an issue that was referred to in the gracious Speech and in the Minister’s introduction to this debate—offshore oil and gas. However, that issue is not included in the Bill. I will not draw the conclusion drawn by the noble Lord, Lord Adonis—namely, that we will have to legislate for that aspect on the hoof. The Wood review reported to my right honourable friend Edward Davey on 24 February this year. That review is a substantive piece of work with significant consequences for the whole of the United Kingdom oil and gas sector. Given the timeframe within which the Wood review reported to the Government, it is understandable that amendments to the Bill on that issue will have to be tabled during its passage through Parliament. Agreement will have to be reached with the industry to ensure that the legislation is as robust as possible. The clear commitment that was given by the Government in accepting Sir Ian Wood’s conclusions and recommendations in full has been welcomed by the industry. Similarly, the statement in the gracious Speech that this year’s legislative programme will contain measures to allow for “maximising North Sea resources” is also welcome.

[Lord Hunt of Chesterton]

The noble Lord seems to be proposing a new constitutional principle, whereby the Government say that they have an idea but they are not sure what it is, so they say, “Here is a Bill. When we have done some more thinking on it, we will introduce it”. This could be applied across the board. That is not how Parliament works. Is this a new procedure being advocated by the noble Lord’s Benches, in which case could he give us his own little background constitutional paper as to how Parliament should work on this basis?

[Lord Purvis of Tweed]

The noble Lord obviously has more experience in this House than I have. I am a mere new Member. However, as a mere new Member, I have been an observer of parliamentary procedure for long enough to realise that it is perfectly common for a Government to table amendments, which on occasion have been substantive. Indeed, over many years the party opposite has tabled amendments on substantive points. My point, which the noble Lord unfortunately did not take on board but which I hope others will and will be more charitable in understanding it, is that when legislation is being brought forward which will make a significant contribution to the success of the British economy, it is best done after proper and due participation and consultation with the sector which it will legislate. That is why the Government have indicated that they will bring forward measures before Committee, as the Minister said in her opening speech, to which the noble Lord no doubt listened.

In the debate on the gracious Speech in another place, the Prime Minister gave a strong indication to my honourable friend Sir Robert Smith, the Member for West Aberdeenshire and Kincardine, in relation to the oil and gas industry:

“My hon. Friend speaks very powerfully for his constituency and for that absolutely vital industry which, as he says, is vital not just for Scotland, but for the whole of the United Kingdom. We are going to make sure that the recommendations of the Wood review are included in our infrastructure Bill, which is a key Bill at the heart of this Queen’s Speech”.—[Official Report, Commons, 4/6/14; col. 27.]

The Prime Minister was right: this is a vital sector. Therefore, I hope that during the passage of this Bill we will give due consideration to the impact which that sector makes to the whole United Kingdom economy. It is 50 years since the first licences were issued. Some 42 billion barrels of oil have already been produced and up to 20 billion more could still be produced. The United Kingdom continental shelf production meets 60% of UK oil demand and 50% of UK gas demand and directly and indirectly supports 450,000 jobs across the UK. It paid 9% of all UK corporate taxes in the last financial year, which is 2% of all United Kingdom tax receipts. Decommissioning relief introduced by this Government represents around 1% of our GDP.

The Government intend to include measures in the Bill to take forward the recommendations of the Wood review. The Bill provides us with an excellent opportunity to ensure that the UK continental shelf is able to face the very complex and difficult challenges which lie ahead. Although more than £14 billion was invested in the continental shelf in 2013—a record amount—production has fallen by 37% between 2010 and 2013, and production efficiency has fallen from 80% in 2004 to 60% in 2012. Rising exploration costs and falling success rates have led to fewer wells being drilled. This was the background to Sir Ian Wood being asked by my right honourable friend Edward Davey to carry out a review into how the UK continental shelf can maximise economic recovery for the whole of the United Kingdom.

Sir Ian Wood’s four recommendations are significant. Two of them in particular require legislative change in this Parliament; and both will, I hope, be the source of proper scrutiny when the Bill passes through Parliament. One is to create a new arm’s-length regulatory body to ensure that there is collaboration in exploration, development and production across the industry. Although it will be arm’s-length from the Government, they will be a partner. My right honourable friend Danny Alexander, the Chief Secretary, only last week indicated at the Oil and Gas UK conference that the Government accept this recommendation in full. He also announced that the authority should be called the “Oil and Gas Authority” and be based in Aberdeen. As regards the other recommendation of Sir Ian Wood, my honourable friend said that it will ensure that protocols and processes will be in place for dispute resolution and for ensuring that there is better co-ordination and collaboration among the industry, and that the licensing regime will be rationalised. All these measures will require proper and full scrutiny by Parliament. That is why the signal in the Queen’s Speech and the Minister’s announcement are significant.

Another area that has been touched on is taxation and revenue. The Government have stated that the new oil and gas authority will carry out a wholesale review of the ring-fenced tax regime for the oil and gas industry. This has the potential to be a hugely significant piece of work, which will have repercussions not only for the Scottish economy, where the oil and gas sector represents nearly one-third of the entire GDP, but for the United Kingdom as a whole.

Finally, I seek further clarification from the Minister. It was welcome that she indicated that it is the Government’s intention to bring forward amendments before Committee, but is it the Government’s intention that those amendments will cover all the recommendations of the Wood review on the relationship with industry, how clear they will be on the funding of the authority, and how that authority will take forward its work on the fiscal review? Sir Ian Wood gave a clear steer that he wanted the new authority and regulator, and his recommendations, to be taken on board so that the industry can look forward with confidence to a strong and clear regulatory regime and licensing for the future of the sector. It is the Government’s intention; I hope that it is Parliament’s will and that no further constitutional theory needs to be put forward to ensure that the future of the oil and gas sector is as strong as it can be, so that we can rely on it well into the future.