Draft Scotland Act 2016 (Onshore Petroleum) (Consequential Amendments) Regulations 2017

Michael Fabricant Excerpts

Tuesday 28th November 2017 General Committees

[Michael Fabricant (Lichfield) (Con)]

My hon. Friend mentions taxation. Has she had a chance to discuss this legislation with the Scottish National party, given that there has been very little legislation on tax under already devolved powers in the Scottish Parliament? Will this be merely gesture politics, or does she believe that the SNP will actually do anything with it?

[Claire Perry]

My hon. Friend invites me to stray outside the narrow remit of the regulations. Perhaps he would like to consider this as a smoothing amendment that gives the Government north of the border powers, should they wish to exercise them and use them wisely, to take some steps relating to the licensing regime.

The objective is to transfer the existing UK onshore licensing regime as it applies in Scotland to Scottish Ministers. The measure enables them in effect to bring forward the existing licensing regime, but to create a bespoke licensing regime should they wish to do so and should they think that that would benefit people north of the border. Two statutory instruments are needed to implement the relevant powers in the Scotland Act. First, these affirmative regulations make consequential amendments to taxation legislation, as my hon. Friend so astutely anticipated. Secondly, negative regulations will make consequential amendments to the licensing regime.

I am pleased to report, in the spirit of consensus, that my officials have been working closely with the Scottish Government, the Scotland Office, the Oil and Gas Authority and Her Majesty’s Revenue and Customs to prepare the regulations. Once the Scotland Act 2016 provisions are fully in force, the responsibility will be the full responsibility of Scottish Ministers, and they will be responsible for granting the relevant licences.

I come now to the detail of the affirmative regulations. These make minor consequential amendments to taxation legislation to reflect the role of Scottish Ministers as the licensing authority in Scotland, to allow the tax legislation to work as intended in relation to onshore areas in Scotland. As we all know, tax is other people’s money, and we have a fiduciary responsibility to spend it wisely—that was my insertion; it was not in my prepared speech. The regulations provide for the position both before and after the commencement of the Wales Act 2017, which makes equivalent provision for devolution of onshore oil and gas licensing to Wales.

The Smith commission agreed that powers related to the consideration payable for licences, and related matters, such as the keeping of accounts, the measurement of petroleum, and access rights for the purposes of measuring petroleum, will not be devolved to Scotland. That was set out and, I believe, agreed in sections 47 to 49 of the 2016 Act. Taken together with the forthcoming negative regulations, the provisions transfer responsibility from the UK Government to Scottish Ministers, and give them the powers to administer the existing onshore oil and gas licensing regime and, as I said, to create a bespoke one should they wish. With the devolution of onshore petroleum licensing, mineral access rights will also be devolved.

With regard to timing, the affirmative statutory instrument could be laid in Parliament only after the Wales Bill received Royal Assent earlier this year, as it makes amendments that anticipate amendments made by the Wales Act 2017. If the Committee approves these consequential amendments, a negative statutory instrument will follow the affirmative regulations to make consequential amendments to the licensing regime. The transfer of powers that we are discussing today does not constitute a regulatory provision, so we are not required to do a regulatory impact assessment. There has been no specific consultation on these technical amendments, since they are necessary to the effective operation of the provision set out in the Scotland Act 2016, which was of course consulted on separately.

To conclude, the regulations assist the Scottish Parliament and Scottish Ministers in achieving what they would like, which is greater control over their onshore oil and gas resources, complementing the provisions of the Scotland Act 2016. They make minor amendments to the legislation governing taxation to ensure a smooth devolution of powers for onshore oil and gas licensing to Scottish Ministers. They are an important step towards delivering the recommendations of the Smith commission agreement. I commend the regulations to the Committee.