Select Committee on Northern Ireland Affairs Third Report


IMPACT IN NORTHERN IRELAND OF CROSS-BORDER ROAD FUEL PRICE DIFFERENTIALS

SCALE OF THE PROBLEM


11. At the outset of our inquiry, we sought to establish the scale of the problem, which appears to have grown substantially in the last couple of years or so as duty differentials have widened.[31] We have approached this from two directions: fuel consumption statistics and estimates of revenue loss to the Exchequer. We have also sought to establish the relative contribution made by lawful cross-border sales and by unlawful sales of smuggled or laundered fuel respectively, and the relative prevalence of petrol and diesel smuggling.

12. Figures for the inland consumption of petrol and diesel, for both Northern Ireland and the Republic of Ireland, for the period 1994 to 1998 are set out in the Tables below and are also presented graphically. These show a significant drop in deliveries in Northern Ireland, particularly from 1996 onwards. Corresponding figures for the Republic of Ireland, which show steady increases, are also shown in the Tables.

Inland Consumption of Petrol, 1994-98

     Consumption ('000 tonnes) (Percentage of total in brackets)
   
1994
1995
1996
1997
1998
Northern[32]Ireland
555(35.9)
523(33.5)
508(31.7)
466(28.4)
417(24.2)
Republic[33]of Ireland
992(64.1)
1,038(66.5)
1,097(68.3)
1,173(71.6)
1,306(75.8)
TOTALS†
1,547
1,561
1,605
1,639
1,723

Inland Consumption of Diesel, 1994-98

     Consumption ('000 tonnes) (Percentage of total in brackets)
   
1994
1995
1996
1997
1998
Northern[34]Ireland
337«
350(27.7)
374(25.6)
338(21.9)
274(16.1)
Republic[35]of Ireland
«
912(72.3)
1,087(74.4)
1,208(78.1)
1,427(83.9)
TOTALS†
«
1,262
1,461
1,546
1,701

« = Not available

† = The two elements are not necessarily compiled on a common basis.


13. These figures are quite clear: there are upward trends in both petrol and diesel consumption in the Republic of Ireland and significant downward trends over the last three years in both cases in Northern Ireland. While there are no doubt many factors contributing to increased consumption in the Republic of Ireland, we believe it is highly likely that one such factor is that some of this fuel is ultimately used in Northern Ireland.

14. Customs and Excise maintained in its September 1997 memorandum that it was not possible accurately to quantify the extent of misuse of non-road fuels[36] and in its December 1998 memorandum that it did not have 'a robust estimate'[37] of the amounts of road fuels being smuggled. The Legitimate Oil Pressure Group considered that the duty lost through smuggling might now be in the range £100-£200 million per annum.[38] The Petrol Retailers' Association considered[39] 'a very conservative estimate' of the cumulative effective loss to the Treasury to be £100 million per annum. Councillor Byrne put the loss at £200 million.[40] CBI Northern Ireland suggested a figure of £150 million per annum,[41] whereas the IBEC/CBI Joint Business Council estimated the Exchequer loss at up to £200 million annually.[42] The Road Haulage Association suggested that the revenue loss could be in excess of £320 million per annum.[43] Ms Patricia Hewitt, the Economic Secretary to the Treasury, took the view[44] that some of those estimates were "an exaggeration" and stated:

    "We assess from the Customs' end that the revenue lost through both [cross-border shopping and smuggling] ... was about £100 million in 1998".

15. The figure given by the Economic Secretary for loss of revenue would appear to correspond to a total of around 170 million litres of fuel annually,[45] which would equate to something in the region of 130-135,000 tonnes. This would suggest that about one sixth of the fuel consumed in Northern Ireland in 1998 was either purchased legally in the Republic of Ireland or smuggled in. We believe that this estimate, while not unrealistic, may be on the conservative side.[46]

16. We consider it is important that the scale of the problem be determined as accurately as possible. We therefore recommend that the Department of Economic Development seek information on estimated sales volume losses from each of the main distributors of fuel in Northern Ireland and, from this, to draw up a reliable estimate of the extent of the problem.

17. We found it difficult to obtain information on the relative importance of cross-border purchases and smuggled fuel respectively. BP Amoco's estimate was a 50/50 split.[47] The Economic Secretary could not separate out the respective contributions of the two elements.[48] Mr Archer, of the Freight Transport Association, thought that abuse of gas oil had recently lessened, with a corresponding increase in cross-border sales.[49] Mr Norris, of the Road Haulage Association, commented[50] that:

    "... there is this idea that sometimes the purely illegal fuel is in a sense now taking second place to the perfectly legitimate notion of simply shopping south of the border because that in itself yields a huge benefit. Why ... take the risk of illegality ... when to run legally by shopping south of the border yields such an enormous benefit?".

18. Although precise data is not available, it seems highly likely to us that the relative contributions vary in different parts of Northern Ireland. There was general agreement that smuggled fuel was available throughout the Province. Cross-border shopping was seen by the Petrol Retailers Association as "quite a small effect experienced by service stations in proximity to the border areas",[51] but one of its witnesses drew our attention to advertisements in the Northern Ireland press circulating some distance from the border and soliciting fuel purchases in the Republic of Ireland.[52] Mr Armstrong, of the Freight Transport Association, indicated that, on current price differentials, a commercial operator in Northern Ireland would find it cost-effective to make a return journey of around 30 miles to refuel in the Republic of Ireland (around 80 miles if he is a single operator not pricing in his own labour).[53]

19. Not surprisingly, very little information was available on the relative contribution of petrol and diesel respectively to the overall level of smuggling. BP Amoco commented that the emphasis had been publicly on diesel smuggling, but that they were experiencing the same problems with petrol smuggling.[54] The Petrol Retailers Association noted that diesel was an easier product to handle than petrol and, for a number of reasons, was easier to smuggle. However, it maintained that there was evidence of a recent increase in the level of seizures of petrol.[55] The Legitimate Oil Pressure Group commented that Customs and Excise had done "very little regarding petrol".[56] Mr Norgrove, of Customs and Excise, took the view that commercial movements of diesel were "where the lion's share of this problem lies".[57]

20. Although seizures by Customs and Excise are not necessarily a reliable indicator of the level of smuggling activity, we asked for a breakdown of seizures by product.[58] Details of fuel seizures by Customs and Excise for the last five years are set out in the Table below. In addition, there have been admissions of smuggling in the eighteen month period 1 January 1998 to 30 June 1999 of 26.5 million litres of petrol and 7 million litres of diesel.

Year
Category
Volume (litres)
Total (litres)
1994-95
RoI* gas oil
Mixed UK/RoI gas oil
202
7,336
7,538
1995-96
RoI gas oil
Mixed UK/RoI gas oil
Laundered gas oil
KeroseneDiesel
23,165
19,700
900
6,450
600
50,815
1996-97
RoI gas oil
10,663
10,663
1997-98
Mixed UK/RoI gas oil
Laundered gas oil
DieselPetrol
20,639
62,507
199,906
11,796
294,848
1998-99
Mixed UK/RoI gas oil
Laundered gas oil
DieselPetrol
48,703
147,497
471,713
27,829
695,742

* Republic of Ireland


These figures and the bar chart abundantly demonstrate both the rapid growth in fuel smuggling and that the seizures figure substantially underestimates the scale of petrol smuggling.

21. Although we have been unable fully either to characterise or quantify the problems, as they are manifested in Northern Ireland, arising from the substantial duty differential on road fuels between the United Kingdom and the Republic of Ireland, it is clear that they cause substantial distortions of normal purchasing patterns and create significant opportunities for unlawful activity.


31  Ev. p. 35; Ev. p. 14 and Q24, Q4. Back

32  Appendix 12, p.94. Back

33  Department of Public Enterprise figures. Back

34  Appendix 12, p.94. Back

35  Department of Public Enterprise figures. Back

36  Ev. p. 23.  Back

37  Ev. p. 35. See also Q75. Back

38  Q3 and Q20.  Back

39  Ev. p. 10.  Back

40  Appendix 8, p.88. Back

41  Appendix 9, p. 89. Back

42  Appendix 10, p. 90. Back

43  Ev. p. 45.  Back

44  Q244.  Back

45  The precise figures depend on assumptions made as to the proportions of the various fuels involved. On the assumption that the estimate assumes that neither duty nor VAT are collected on any of this fuel, and that equal volumes of both petrol and diesel are involved, the annual revenue foregone corresponds to revenue raised from sales of about 168 million litres of fuel, or 132,000 tonnes. Back

46  The Petrol Retailers' Association estimated (Q46) that one third of the legal market had declined and we have also seen other, lower, estimates.  Back

47  Appendix 7, p. 88.  Back

48  Q244.  Back

49  Q174.  Back

50  Q174.  Back

51  Ev. p. 13.  Back

52  Q44. Back

53  Q197-200.  Back

54  Appendix 7, p. 88.  Back

55  Ev. p. 14 and Q24.  Back

56  Q17. Back

57  Q84.  Back

58  Appendix 15, p. 98. Back


 
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Prepared 29 July 1999