Offshore Petroleum Licensing Bill

Barry Gardiner Excerpts

Committee of the whole House
Tuesday 20th February 2024 Commons Chamber

[Dr Alan Whitehead (Southampton, Test) (Lab)]

I would like to speak to our amendments 17, 18, 19 and 20, to comment on other amendments before us today and then to place all this into the context of the Bill as a whole by way of what will effectively be a stand-part contribution. This Bill remains an ill-advised, pointless piece of political posturing—

[Barry Gardiner (Brent North) (Lab)]

Don’t pull any punches!

[Dr Whitehead]

That was the mild version.

As the right hon. Member for Reading West (Sir Alok Sharma) has informed us, the Bill legislates for something that happens anyway. It will make no difference to bills, according to the Secretary of State. It will make no difference to our energy security, according to the former chair of BP. It will undermine the independence of the North Sea Transition Authority, according to the NSTA’s own board, and it and will reinforce the perception around the world that the UK is rowing back from climate action, according to the former COP President, the right hon. Member for Reading West. We regret that this insubstantial and damaging Bill has proceeded this far, and we will vote against it on Third Reading.

We do not need this one-clause Bill. We need instead a strategy for managing the North sea that supports our energy security, meets our climate commitments and secures the economic and jobs benefits of the transition to a low-carbon economy. We would have liked to debate a new clause setting out a new principal objective for the North Sea Transition Authority that would have put such a strategy into effect. However, because the Bill is so short and tightly drawn around the narrow issue of mandatory licensing rounds, amendments to put a more sensible strategy into place are regrettably not in order. We must therefore take the Bill on its own terms, even if that means treating it with significantly more respect than the drafters have treated this House with in presenting such a trivial and nakedly political proposal.

We have in the Bill at present two tests that should be passed if the Oil and Gas Authority is to proceed with mandatory licence issuance, and we know that the two tests cannot be failed. It is a fact that if properly drafted—we might come to that in a moment—liquefied natural gas will always be more greenhouse gas-intensive in production than UK natural gas and we will always be in a position where gas and oil produced in the UK and in a declining North sea field will not meet our total demand for gas and oil.

I learned in my first year at university—as I think the Minister did, because he did a similar degree to me—that a proposition that cannot be falsified cannot stand as a valid proposition. Here we have two completely non-valid propositions in the Bill. They are bogus and cynically contrived to give the appearance that something has to be achieved before mandatory licencing takes place. At the very least we need a test or tests that can be failed and that produce a proper level of judgment into the advisability of proceeding with such mandatory licences. The best test surely has to be whether such action is compatible with our climate change goals. The Government had previously introduced climate change compatibility tests into production generally. It is strange that these appear nowhere in the Bill.

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[Caroline Lucas]

The best way to make use of those skills is by making sure that we put resources behind those workers so that they can make the transition, which so many of them want to do, into renewables. Right now, those workers are actually having to pay to make that transition themselves. They have to pay for the training. [Interruption.] They do. I tabled an amendment to a previous piece of legislation on education and training to try to make it much less onerous for oil and gas workers to shift into, say, the renewables sector. We need to have those plans, and we need the resources behind them to make that a lot easier than it is today.

The result and the reality is that the number of jobs in the oil and gas sector has already dropped by more than half over the past decade, despite hundreds of drilling licences being issued. The just transition plans test would be met in a year if the Oil and Gas Authority assessed that all existing seaward area production licence holders have published just transition plans for their workforce that are compatible with limiting global heating to 1.5°. Amendment 14 specifies that those plans must be agreed through formalised collective agreements with unions, and that they apply to all workers whether they are directly or indirectly employed—or, self employed, which is vital with the heavy casualisation in the oil and gas workforce.

Indeed, a report in 2020 revealed a high level of concern about job security and working conditions in the oil and gas industry, and that 80% of surveyed workers would consider moving to a job outside that particular sector. Furthermore, given the opportunity to retrain to work elsewhere in the energy sector, more than half would be interested in renewables and offshore wind. Workers are ready to lead a just transition, yet a more recent report has revealed that

“companies are increasingly announcing net zero targets—but there is no example in the UK oil and gas sector of worker involvement in decision-making on decarbonisation.”

That must change.

This amendment would be a step towards delivering a just transition that would see workers at the centre of transition planning, with a clear and accessible pathway out of high-carbon jobs. Rather than propping up jobs that we know are not going to exist in the future, the Government should be actively supporting workers to transition out of the oil and gas sector now, while also addressing their very real concerns, such as the cost of retraining, which is often borne by workers themselves, or the inferior employment protections offshore, which can lead to wage under-cutting. There are even some cases of seafarers working in the offshore wind sector being paid below the minimum wage. That is a scandal, and the Government should urgently establish a wage floor to apply to all offshore energy workers, regardless of nationality, who are carrying out any work on the UK continental shelf. The failure to deliver a just transition is not an inevitability, but a political choice. If the Government are serious about listening to workers and protecting jobs, they should have no problem supporting this amendment, which puts job security at the heart of the transition.

I note that the hon. Member for Angus (Dave Doogan) has tabled amendments 10 and 11 on a just transition, but I have to say that I do have two serious concerns. First, according to the drafting of amendment 11, the SNP test will be met

“if the OGA assesses that…new licences will support the delivery of the North Sea Transition Deal’s…emission reduction targets”.

Yet, as we know, the 50% reduction by 2030 which is in the NSTD proposal, against a 2018 baseline, is far weaker than the 68% reduction recommended by the Climate Change Committee, which it says is achievable. It is also important to note that this only includes scope 1 and 2 emissions, so it fails to take account of emissions produced when oil and gas is burned. Secondly, there is no provision to consult workers as part of this test. Therefore, given that it would fail to deliver a worker-led transition and it also exceeds the advice of the CCC, I sadly cannot vote for that.

Before concluding, I offer my support to a number of other amendments. First, I support amendment 12, on banning flaring and venting, tabled by the right hon. Member for Reading West (Sir Alok Sharma). As others have mentioned, Norway banned routine flaring back in 1971, giving the lie to the Government’s claim that UK gas has lower emissions.

Secondly, I support amendments 19 and 20, tabled by the right hon. Member for Doncaster North (Edward Miliband), to amend the carbon intensity test and to include all gas, not just LNG. Given that we import most of our gas through a pipeline, it is utterly ridiculous to compare UK production with LNG that is vastly more polluting.

[Barry Gardiner]

There has been much debate today about the alternative of LNG from Qatar, but there has been a failure to take into account whether our being more dependent on LNG from Qatar would in any way change what Qatar does about its own production. It has been recorded that Qatar will increase its production by 67% by 2027, which means that that energy will be produced and will have certain emissions. At the end of the process, we might have produced something with fewer carbon emissions, but it would be better not to produce them at all.

[Caroline Lucas]

The hon. Member makes a characteristically wise and useful point. That figure of 67% is startling and deeply worrying.

Thirdly, I support amendments 22 and 24, tabled by the hon. Member for Brighton, Kemptown (Lloyd Russell-Moyle)—I hope I can call him an hon. Friend—setting out a home energy efficiency test. As we all know by now, that is the most effective way of delivering real energy security for households that are struggling so much to pay their bills.

Fourthly, I support amendments 23 and 25, again tabled by the hon. Member for Brighton, Kemptown, requiring the UK to have made arrangements to withdraw from the energy charter treaty before new licences can be awarded. It is totally unacceptable that the Government are mandating annual licensing rounds without having withdrawn from a treaty that allows companies to sue for lost profits. The Government previously committed to reviewing the UK’s membership of the ECT, including consideration of withdrawal from the treaty if proposed modernisation reforms were not agreed at November’s energy charter conference. As I understand it, those proposals were not even discussed at the conference, so may I ask the Minister, when he sums up, to say what is holding up their withdrawing from that treaty, given that they acknowledge that

“there is now no clear route for modernisation to progress.”

Finally, last week it was reported that British Gas profits soared tenfold last year following the changes Ofgem had made to the price cap. In the same week Government figures showed that almost 9 million households—well over a third—spent more than 10% of their income after housing costs on domestic energy bills, and it was also revealed that not a single new proposal for public onshore wind was made in England last year despite the Government’s policy changes. Those three examples are all from just one single week; this week and next week there will be more, and together they demonstrate the utter failure of this Government to make decisions that would benefit people and planet and to unleash our abundant renewables, massively upscale energy efficiency installations and work to get us off expensive and volatile gas altogether. Instead, each week we see yet more evidence that this tired and divisive Government are prioritising increasingly desperate attempts to save their own skin over measures that would improve all our lives by ensuring that everyone has a warm and comfortable home to live in, communities have been supported to make the most of the green transition and our one precious and infinitely fragile planet is finally restored.

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[Wera Hobhouse (Bath) (LD)]

This February is on course to break an unprecedented number of heat records, and the dangers of failing to reach net zero are staring us in the face. This Bill flies in the face of our climate change commitments, and it will do nothing to secure energy security and nothing to lower energy bills, and we Liberal Democrats continue to oppose it.

I will mention two amendments that we strongly support, as they are on areas where we Liberal Democrats have tabled amendments in the past. The Bill is silent about methane and needs amending. We therefore strongly support new clause 12 to prevent methane flaring. Methane is a potent greenhouse gas with 80 times the warming effect of CO₂. It accounts for 30% of global greenhouse gas emissions. It has often been seen as a quick win. Methane stays for much less time in the atmosphere, but it is still there. Reducing methane emissions is such an obvious thing to do.

The UK has signed a global pledge to cut methane levels by 30%, and a ban on oil and gas flaring and venting in the North sea would dramatically reduce methane emissions. The International Energy Agency has said that UK oil and gas operators could reduce methane emissions by more than 70% by tackling venting, flaring and leaking. That is supported by the Environmental Audit Committee and the Government-commissioned independent review of net zero. However, the Government’s track record is not good enough. In his last few days in office, the former Energy Secretary, the right hon. Member for Welwyn Hatfield (Grant Shapps), unconditionally approved the new Affleck oil and gas field, whose operators will be able to burn methane until 2037.

We must also mandate monthly leak detection and repair activity. As we have said in the past, it is incomprehensible why the Government are on the one hand saying one thing, but on the other not acting. We must do something about methane. It is a complete dereliction of duty if we do not support that new clause.

The other amendment I want to speak to new clause 23, which would insert a new energy charter test. Many of my constituents have voiced strong concerns about our continuing to be part of the energy charter treaty. That energy charter test would be met if we withdrew from the treaty. As it stands, remaining part of the treaty leaves the UK vulnerable to compensation claims from investors for the early closure of coal, oil and gas plants. Attempts to modernise the ECT to protect countries from libel and to drive investment in renewables have failed. Denmark, France, Germany, Poland, Slovenia, Spain and the Netherlands have all announced their intention to withdraw. Italy withdrew back in 2016. Why should we not join them? The new clause provides a vehicle to do that. It is incomprehensible that we have to discuss this Bill. It is a bad Bill, but the amendments I have just mentioned would make it a little better.

[Barry Gardiner]

I wish to speak primarily to amendments 13 and 14, but I also support the amendments tabled by the hon. Member for North Devon (Selaine Saxby), the right hon. Member for Reading West (Sir Alok Sharma), my hon. Friend the Member for Brighton, Kemptown (Lloyd Russell-Moyle) and the hon. Member for Brighton, Pavilion (Caroline Lucas). May I begin by paying tribute to the newly elected Member, my hon. Friend the Member for Kingswood (Damien Egan)? His electoral victory shows that parties with ambitious climate policies win elections, and those that choose to pursue culture wars are punished at the ballot box. I hope the Government can learn that lesson in relation to this Bill, which is a textbook example of performative politics.

This Bill will not secure British energy independence or help to meet UK or global climate targets. We know, because the Energy Secretary told us so herself, that this Bill will not lower energy bills, yet here we are debating this Bill instead of focusing our minds and time on real solutions that will accelerate the energy transition that is already happening all around us. That energy transition is not only underpinned by a strong scientific consensus to address climate change, but founded in a mission to make energy affordable and to unleash new economic opportunities across Britain, particularly in the regions left behind by previous energy transitions.

I pay tribute to all the workers in oil and gas, who help to keep Britain’s lights on. Their hard work over many years powers our country, and their skills will be essential in making Britain a clean energy superpower. That is why we must respect those workers, and why we should be truthful with them. They deserve no less than that, and we in the labour movement remember only too well what happens when communities are faced with the sudden loss of jobs. We remember the closure of the pits and the communities that were left with nothing, because Government failed to put in place genuine alternatives and a just transition.

I know that British exceptionalism is almost an article of faith or mantra with this Government, but being the first country that sells the last drop of oil is not a feasible strategy. That is not just because the world signed up to transition away from fossil fuels at COP 28, but because the North sea is a declining basin that is nearly empty. New licences between now and 2050 will only provide 103 days of gas. That is just four days of gas every year. Saying that we will expand oil and gas licences in a declining basin and pretending that that will make any real difference to jobs in the North sea is nothing short of dishonest. It may provide campaigning material to pretend otherwise, but people’s livelihoods are more important than political game playing, and we ought to stick to the facts.

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[David Duguid]

I feel almost obliged to intervene, if only to agree totally with what the hon. Member just said. The Aberdeen University study relates specifically to the decline over previous decades. We have lost a lot of workers in the industry, not just because of the decline in production, but because of new technology and the desire to remotely operate offshore platforms in the interest of safety. There has been decline. What he seems to be missing is that we are talking not about a return to the glory days of peak production in the late ’90s, but managing that decline with reference to how much energy we need. As was mentioned, we need to promote a Goldilocks period in which we make the most of the skills and technologies in that industry for the renewables-based future.

[Barry Gardiner]

The hon. Gentleman is absolutely right to say that we must manage the decline, but we must manage the decline in the community’s livelihood, which is not necessarily the same thing. If we make sure that we have a just transition, and introducing support for retraining and gaining skills, as outlined in the amendments that I am supporting, he will find that his constituents and many others around the country will much better weather that decline and prepare for the sort of future that we want.

The Bill, unfortunately, does the opposite. It ignores the 30,000 hard-working people directly employed in today’s oil and gas industry, and the further 100,000 individuals supported by the supply chain. It provides false hope. It sends confusing signals to energy companies, to investors, to the global community, and indeed to unions and the workers they represent. It pretends that nothing needs to change—that business can continue as usual, and that jobs in oil and gas are safe. The Government are acting as if maxing out the North sea can happen indefinitely, or at least until they are no longer in office and therefore do not have to pick up the pieces.

Amendment 14 sets out the need for formalised collective agreements with unions and the workforce to create just transition plans. In Spain, we have seen what can be achieved when Governments, businesses, workers and unions come together. The just transition agreement that the Spanish Government have negotiated with affected workers, unions and businesses is popular, economically responsible and environmentally sound. It is a settlement for all involved. That is the approach that ought to be taken in the North sea. The region needs a new settlement, in which: there is an increase in domestic manufacturing; a new generation of renewables, such as green hydrogen, turbocharges employment in energy-intensive industries; the technology of carbon capture, usage and storage and the UK’s unique storage capacity for sequestering carbon can provide a new service that is exportable to the world; the benefits of the energy system are shared fairly; jobs are truly safe and secure; and, above all, those communities who were once the proud purveyors of our fossil fuel energy become our proud sequesterers of the world’s emissions and the champions of the renewable powerhouse of the future.

Before I conclude, I want to mention one further spurious reason that the Government have put forward to justify the Bill: that it stops us from being dependent on oil and gas from dictatorial regimes such as Russia. Yesterday in the House, my right hon. Friend the Member for Barking (Dame Margaret Hodge) pointed out that a loophole in our sanctions regime means that countries such as China and India import Russian crude oil, process it and then sell it to the UK as refined oil. In 2023, we imported 5.2 million barrels of that oil. That means we sent something like £141 million in tax revenue to the Kremlin’s war chest. Britain is also the biggest insurer of Russian oil moved by sea, most of which is sold at prices well above the price cap, again violating sanctions. If the Government really wanted to stop such dependence, they could tighten the sanctions regime—they know how to do so, but they do not.

I will not vote for this piece of 20th-century legislation that instructs the House to look backwards and not forwards. I will not vote to make Britain colder and poorer. I will not vote to increase flooding. I will not vote to leave communities and workers behind. I will not vote to lock volatile fossil fuels into our already broken energy system. Sadly, we must wait for a future Parliament—and, I trust, a future Government. I look forward to working with Members from across the House in pursuit of those goals.

[Kenny MacAskill (East Lothian) (Alba)]

I rise to support amendment 15 in the name of my hon. Friend the Member for Kirkcaldy and Cowdenbeath (Neale Hanvey), and in particular subsection (b) to proposed new section (1ZA), which relates to Grangemouth. There is something perverse and absurd about using Scottish oil if Scotland’s refinery is to close.

We have to transition. It has to be a just transition, which cannot just be a glib phrase. It must also be paced, because we cannot get there overnight. In my constituency of East Lothian, we can see the turbines on the Lammermuirs, and we can see them growing in number daily, and the growth in the number of columns, as offshore wind capacity comes. But we require fossil fuels to deliver that renewable capacity. We require diesel for the trucks, and marine diesel for the ships, out setting the columns and turbines. We also require the plastics that go with much of that. So we need to continue using and exploiting oil to get to a renewable future. We have to do so at a pace that is appropriate, but also ensure that our country benefits. That is why subsection (b) is so important.

There is something perverse in the fact that Scotland is energy-rich, yet people face fuel poverty. In my constituency, we are not seeing the benefits in employment that should come from being in a county that is so energy-rich. The county faces the same problem as Scotland: it is energy-rich, yet people can only look wistfully at the turbines offshore, while they are unable to pay their bills. We must ensure that we get jobs and work here. The refinery at Grangemouth is pivotal to that.

I grew up not in East Lothian but in West Lothian. The Grangemouth refinery has been there for a century—since 1924—not for North sea oil but for its precursor: the shale industry, which was centred in West Lothian, from which came BP, Paraffin Young and others. BP was the centrepiece, along with Imperial Chemical Industries in its various iterations; it is now Petroineos. The refinery initially dealt with the shale industry, but, once North sea oil was discovered, we used it for that oil.

The Forties pipeline comes ashore from the North sea at Cruden Bay, and oil is piped down to Grangemouth because it was meant to be refined there. Grangemouth is also capable of refining oil from elsewhere: a pipeline runs from Finnart in Argyll through to Grangemouth, which allows oil imported from abroad to be refined in Scotland. Yet we face a situation where unless we support the amendment, Grangemouth refinery will likely close. Although a spat has been going on between the SNP, Labour and the Tories about the North sea and its oil, little has been said about what is happening at Grangemouth. The threat has been growing, and action from the Government both here and in Scotland has been in inverse proportion to that.

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[Graham Stuart]

It is a pleasure to take part in the debate this afternoon, which has been wide-ranging, well informed and genuinely interesting. I thank Members from across the Committee for their participation and for playing an important role in scrutinising this important piece of legislation.

Before I move on to specific amendments I will, if you allow me, Dame Rosie, briefly outline the importance of this Bill. The UK leads the world on tackling climate change, and is the first major economy to halve emissions. The Bill will protect jobs, tax receipts and sovereign capability, so that we can continue that world leadership. As one of the world’s most decarbonised major economies, the UK remains dependent on oil and gas and will continue to be, albeit in reducing amounts, according to the Climate Change Committee. Even when we are at net zero in 2050, we will require oil and gas. However, we are a net importer and, as has been discussed, UK production is falling fast.

The ambition of the right hon. Member for Doncaster North (Edward Miliband) to destroy UK supply ignores industry, the unions and his own Back Benchers, and would simply replace UK oil and gas with higher-emission imports. That is at the heart of this; that is why we want to pass this legislation—it is because of the policies of the parties opposite. The hon. Member for Angus (Dave Doogan) looks a little confused. The parties opposite are very clear that they want to end new licensing, and we would thus have to import more from abroad. It is as simple as that. That would mean more LNG, which has four times the embedded emissions of domestically produced gas. That is the reality. That is at the heart of the Bill; that is why it is so important that we legislate today to send a signal to industry that continued fast-declining production in the North sea is the right thing to do environmentally, economically, in terms of tax—on every front. If it was not, we should not and would not do it.

[Barry Gardiner]

Will the Minister give way?

[Graham Stuart]

I will make a little more progress.

Annual licensing will improve our energy security and that of our neighbours. It will support 200,000 jobs and safeguard billions in tax revenue and, as my hon. Friend the Member for Banff and Buchan (David Duguid) set out so well, it will safeguard the skills needed for successful energy transition. Hon. Members can listen to everyone from Offshore Energies UK to Robert Gordon University for evidence of the need for that. These things are not in tension; they mutually complement each other and need to be supported.

[Barry Gardiner]

Is the Minister going to give way?

[Graham Stuart]

I promise to come to the hon. Gentleman before I finish.

Turning to the amendments selected today, I first thank my right hon. Friend the Member for Reading West (Sir Alok Sharma) for amendment 12 on flaring and venting. As has been discussed, the guidance from the North Sea Transition Authority is clear that all new developments should be planned on the basis of zero routine flaring and venting. The Government have already committed to ending routine flaring and venting by 2030, going further than the World Bank’s zero routine flaring initiative. That voluntary North sea transition deal is reaping rewards. Based on the latest data, North sea flaring is down 50% since 2018, and the sector is on track to deliver the 2030 target.

I fear that the amendment would risk replacing voluntary momentum with a slower, compliance-based, more resistant approach from industry. However, I will continue to engage with my right hon. Friend as the Bill moves to the other place, with a view to delivering the end of flaring and venting by 2030 at the latest, which is an ambition he and I share, as do the Government.

With that, if the hon. Member for Brent North (Barry Gardiner) has not lost his mojo and his moment, I shall give way to him.

[Barry Gardiner]

I am very grateful to the Minister for giving way, and no—I would not lose my mojo on this. We all know that there is 110% more oil and gas already in the world than we can use if we are to remain within the 1.5°C threshold. Does the Minister think the climate really cares where that oil and gas are used? His argument about imports implies that he does believe that the atmosphere cares. The damage will be done; the only way we can reduce its impact is by ensuring that the proposed additional exploration licences are not achieved.

[Graham Stuart]

I thank the hon. Gentleman for his question. He has taken a long and deep interest in this issue, for which I pay him respect. It is the burning of oil and gas that is the primary issue. He mentions 110%—we probably have 200%, 300% or 400%. There are countries setting out to massively increase their production. That is all driven by demand. If we—as a species, as a globe—are to get to net zero, we will have to cap wells all over the world. We will have to leave it in the ground. The most important thing is to ensure that the demand curve is going in the right direction. Despite all the issues, challenges and difficulties of maintaining our role as the leading major economy in cutting emissions, the UK’s biggest challenge in dealing with climate change is not domestic, despite the difficulty of that; it is to get others to join us on a net zero pathway. The idea of producing our own emissions to ever-lower standards and replacing them with higher-emission products from abroad is for the birds. It makes no sense.