Offshore Petroleum Licensing Bill

Lord Kerr of Kinlochard Excerpts

Committee stage
Tuesday 23rd April 2024 Grand Committee

[Lord Bruce of Bennachie (LD)]

I share the frustration of many people that we produce our own oil and gas but base it on world market prices, and there is no immediate direct benefit to the consumer. I understand the reasoning behind it, but the public feel very frustrated: if we are oil and gas producers, there should be a direct economic benefit. Can the Government be a bit more creative and imaginative? They would argue that during the height of the crisis, they effectively used excess taxes to cut consumer bills, but is there a way in which to build in a formula that might have a more long-term connection that would be of some benefit?

It is also fair to say that I reject the argument that because we export a lot of the oil and gas, we do not really need it and therefore should not produce it. Of course, balance of payments do matter. The reality is that we have always exported a very substantial amount of our oil production and we import it back in refined products—more so than we did, because we no longer have the capacity to refine. Nevertheless, one pays for the other, but that is not immediately apparent. It is equally true that if we are producing our own oil and gas, and it is profitable, there is tax accruing to the Government which presumably funds public services or other tax cuts that could be directly connected to the consumer if the Government were prepared to be creative.

It is a perfectly reasonable proposition to ask why, if we are maintaining our oil and gas production, we cannot give a direct benefit to the consumer from that. I acknowledge that there are real benefits. Those who suggest that because we go for the world economic price there is no benefit ignore the balance of payment effect and the taxation effect. I am sorry that the noble Lord, Lord Deben, is not in his place because in a Committee exchange I asked him why, if oil and gas is part of the mix, right to and through net zero, we would not maintain some of our own production, if we can do it sensibly, efficiently and rationally while we are accelerating the transition? His reply was that we should set an example to the world, that plenty of other people produce oil and gas and we can import it. I found that extraordinary and irresponsible. If we are going to use it anyway—there is a further group of amendments that relate to the carbon base of our gas, for example—we know perfectly well that domestic gas has a much lower carbon footprint than imported gas, certainly liquid gas.

It is naive to suggest that there are no real benefits from producing oil and gas. There is a real economic benefit, but I tease the Government to say that it might be interesting if they could find a way of making a direct connection that people could feel in their cost of living, specifically in their fuel bills. People would find that an extra justification for maintaining what we are trying to do.

[Lord Kerr of Kinlochard (CB)]

I intervene briefly to express a little scepticism about Amendments 5 and 17. I declare an interest because I used to be deputy chairman of Shell for a time. I think the answer to the very fair question of the noble Lord, Lord Bruce, is that we cannot, unless we nationalise the companies or direct their sales, because they will sell at the market price. I do not think that the condition that Amendments 5 and 17 would impose will ever be met. We will never be able clearly to demonstrate that prices and the cost of living would be lower X many years out. First, one cannot be clear. It takes five, seven or eight years for a project to come into production and guessing prices and the cost of living that far ahead, as I saw at Shell, is not an exact science. It is difficult to do “clearly”—the wording in the amendment.

Secondly, I am not clear whether this third test is a cumulative condition, like the carbon intensity test and the net importer test. If it is cumulative, then no licenses will be issued at all, because that will never be able to be proved.

I am afraid that, for the same reasons, my scepticism also extends to the net importer test. I do not understand the Bill. We are setting out a perfectly reasonable set of propositions for a nationalised industry, but if you want the North Sea to be developed as it is now, or for the development to continue as it is now, run by commercial companies, then the commercial companies will sell at the world price. They will not allocate a little bit to you at a better price so that you can satisfy your tests; in particular, a cost of living test. It does not work like that. I am making everybody in the room angry, because I do not really agree with Amendments 5 and 17, and I do not actually agree with the Bill when it comes to the net importer test.

[Lord Moynihan (Con)]

My Lords, I recognise the expertise of the noble Lord who has just spoken, but I think that the two tests in the Bill—which is the subject of this group of amendments, because we are looking to see whether it is feasible and appropriate to add to those tests—are important tests.

On the net importer test, it is fundamentally important as a country to have security of supply. Security of supply comes through diversity of supply, and that security of supply has been shown to be exceptionally important recently, not least with the Russian invasion of Ukraine and the impact that had on western Europe’s gas, being at the end of the pipeline from Russia. It was important to bring home the reality that we need to develop our own energy sources efficiently and economically, in the most benign, sustainable way that we can possibly do with modern technology. The net importer test is important, and I am pleased that it is in the Bill. It absolutely underpins the concept of security of supply, which has always been the basis for our energy system in the United Kingdom.

The carbon intensity test is also relevant, in this day and age of developing reserves internationally and bringing them here with LNG, then transferring that LNG, through a process, to natural gas for power generation in the United Kingdom. If the LNG had a lesser carbon footprint than what we produce in the North Sea, then there would be a very real argument for not having further licensing rounds in the North Sea, because the environmental impact of what we do in this industry is vital, and that is shared on both sides of the Committee.

It is important to question whether we should move towards a position whereby we go to a global test, which the noble Lord, Lord Lennie, suggested, through what was probably a probing amendment rather than one that he would like to see in the Bill. We have an important but minimal impact on whether that 1.5 degree average surface warming above pre-industrial temperatures under the Paris Agreement is achieved. We should be looking to make sure that, as far as possible, everything we do in the North Sea is as sustainable as possible, with the lowest possible carbon footprint. As far as I am concerned, sustainability is one of the four pillars for the consideration of our energy sector. We must address sustainability concerns; we must address GHG emissions; and we must ensure the protection and stewardship of our environment. As I have mentioned, at the same time, we need to have security and reliability. That is the second pillar. We must ensure that current and future energy demand is supplied reliably and responsibly, and, as I said earlier, is able to robustly withstand system shocks.

The third pillar is accessibility and affordability. We must enable energy provision to consumers while minimising cost, and we must support social and economic development. That is one of the reasons we have diversification of supply in the country and the free market to ensure that that is the case.

That free market point is important because we need economic viability of investment. Investment in, and the adoption of, energy solutions characterised by a sustainable return on investment is the fourth and most fundamental pillar. I would just question whether we need to go further than the two tests in the Bill.

I have never, either at Second Reading or in Committee, thought that this Bill was top of the agenda in terms of importance to any Government. I am not sure that it is. I agree with the noble Lord, Lord Bruce, that we can have annual licensing rounds if we want them. In any event, if it is important that they are annual as opposed to biennial, to me, is debateable. The important thing is that all the licences that are awarded must be awarded against a set of criteria; increasingly important in the set of criteria is the environmental footprint around every single aspect of offshore oil and gas production.

We need firm, reliable energy in the United Kingdom to underpin a growth in renewables, but that firm power must be uninterrupted. At a time when we are not moving towards new nuclear as fast as we should be, gas is that basic firm power that will fuel the whole electrification of our system. The other side of this coin is that we are looking for far greater electrification of our rail and wider transport system. Well, for that, you need firm power.

How renewables are at the moment, as well as the lack of good battery storage power—it is interesting to note that the existing battery storage power in the UK covered approximately only eight minutes of average UK electricity demand for the whole of 2023—this lack of battery technology and breakthrough on renewables, without firm power, shows just how much further we have to go. We must have improved and enhanced battery technology. We need firm energy as our lifeblood in this country, not sporadic energy, although moving towards a greater reliance on renewables is, to me, critical. That needs to be underpinned by maximising our gas reserves in the United Kingdom.

Given the limitations of this Bill, those two tests seem reasonable and appropriate to me. I am not sure that the additional tests that are being recommended in the amendments are necessary or helpful in achieving the four pillars that I set out in response to the noble Lord’s very good introduction, if I may say so, of his amendment.