The
Committee consisted of the following
Members:
Bone,
Mr. Peter
(Wellingborough)
(Con)
Burt,
Lorely
(Solihull)
(LD)
Clapham,
Mr. Michael
(Barnsley, West and Penistone)
(Lab)
Davey,
Mr. Edward
(Kingston and Surbiton)
(LD)
Dean,
Mrs. Janet
(Burton)
(Lab)
Ellwood,
Mr. Tobias
(Bournemouth, East)
(Con)
Field,
Mr. Frank
(Birkenhead)
(Lab)
Foster,
Michael Jabez
(Hastings and Rye)
(Lab)
Hendry,
Charles
(Wealden)
(Con)
Heyes,
David
(Ashton-under-Lyne)
(Lab)
Lilley,
Mr. Peter
(Hitchin and Harpenden)
(Con)
McCabe,
Steve
(Birmingham, Hall Green)
(Lab)
Mole,
Chris
(Ipswich)
(Lab)
Owen,
Albert
(Ynys Môn)
(Lab)
Palmer,
Dr. Nick
(Broxtowe)
(Lab)
Wallace,
Mr. Ben
(Lancaster and Wyre)
(Con)
Wicks,
Malcolm
(Minister for Science and
Innovation)Mark
Etherton, Committee
Clerk
attended the Committee
Fifth
Delegated Legislation
Committee
Tuesday 12
December
2006
[Hywel
Williams in the
Chair]
Draft Petroleum Act 1998 (Third Party Access) Order 2007
4.30
pm
The
Minister for Science and Innovation (Malcolm Wicks): I beg
to move,
That the
Committee has considered the draft Petroleum Act 1998 (Third
Party Access) Order
2007.
Members will
recall that the Langeled South pipeline from offshore Norway to
Easington in England was formally open by Prime Ministers Blair and
Stoltenberg in October this year. Gas through that pipeline, sourced
from a number of Norwegian fields, is already heating our
homes. Indeed, I am reliably informedI thought I might be asked
this questionthat only this morning the new pipeline was
bringing gas into Great Britain at a rate of more than 60 million cu m
a day, close to its full capacity of 70 million cu m. Given
our total usage of about 340 million cu m, we can see that
Norway is making an important contribution to our energy needs. That
welcome addition to the United Kingdoms security of supply
comes from a long-standing, stable and reliable source. That is
critical given that, over the next few years, we will become a major
importer of gas.
The
pipeline is now an integral part of the Norwegian offshore gas pipeline
network, under which commercial gas shippers are subject to a regulated
access regime with published tariffs and terms. That differs from the
UKs offshore system, in which the access terms are a matter for
negotiation between individual shippers and the pipeline owners. When
we negotiated the 2005 UK-Norway framework agreement on cross-boundary
petroleum co-operation, it was agreed that the Norwegian regulated
access system would apply to the whole of the Langeled South pipeline,
thereby avoiding the complexity of different access systems at various
points along the pipeline.
Safeguards in the agreement
allow a measure of joint agreement between the Norwegian and UK
authorities in setting offshore entry terms, when UK companies wish to
connect with the Langeled South pipeline. Should circumstances arise in
which a UK company claims that the terms of the Norwegian regulatory
system are not being fully and properly complied with, the framework
agreement provides for joint determination of the dispute by both the
UK and Norwegian authorities.
The purpose of the order is
therefore to amend the Petroleum Act 1998 to ensure that our law is
consistent with the provisions of the 2005 framework agreement. The
need for amendment was sign-posted in the explanatory memorandum that
accompanied the 2005 framework agreement when it was laid before both
Houses in May this year. Once the amendments are
enacted, the Government will be in a position to notify the Norwegian
Government that all our internal procedures are complete and that the
framework agreement can formally enter into force.
I shall take the Committee
through the key technical points, albeit fairly briefly. First, the
order amends the Petroleum Act 1998 so as to remove pipelines from the
scope of section 17F of that Act that are to be subject to the
Norwegian regulatory access system under the terms of the framework
agreement. That category includes Langeled South. In the absence of
such amendment, Langeled South would have remained a controlled
pipeline under section 17F, which makes provision for application to
the Secretary of State for the right to access pipelines on the UK
continental shelf following failure to agree between the persons
seeking access and the owner of the pipeline.
Secondly, the order establishes
new sections 17GA and 17GB to the 1998 Act, under which the Secretary
of State can act jointly with the Norwegian authorities to resolve
problemsfor instance, if access to Langeled South has already
been awarded to a third party under Norwegian regulatory rules but that
third party subsequently claims that the owner or operator of Langeled
South has not complied with the terms and conditions under which access
was awarded.
The 2005
framework agreement provides a streamlined framework to facilitate
trans-boundary oil and gas projects. For most projects, that means that
no longer will it be necessary to spend time negotiating separate
project-specific agreements. Detailed provisions made in the framework
agreement in respect of the Langeled pipeline were also part of the
innovative approach adopted by both Governments. I am happy to commend
the order to the
Committee.
4.35
pm
Charles
Hendry (Wealden) (Con): It is a pleasure to serve under
your chairmanship, Mr. Williams. Opposition Members welcome
the changes being made by the order, as it follows on from the opening
of the Langeled pipeline in October. We very much welcomed that. It was
an incredible engineering featone of the greatest engineering
feats in the energy sectorand it will make a very significant
contribution to our energy security. It is very encouraging to hear the
Minister talking about the levels of flow that are coming through
already. I understood that that level of flow was not expected until
next year, so it is positive news and we are delighted to hear that the
pipeline is operating so
well.
I was also
pleased to have the chance to meet some of those who had been involved
in the project when I went to the offshore northern seas conference in
Stavanger in August. Clearly, our Norwegian counterparts in the project
saw it as one of the most important projects of British-Norwegian
co-operation, and they were right to do
so.
The Langeled South
pipeline is the worlds longest underwater gas pipeline, and it
is estimated that it will supply about one fifth or up to a quarter of
the UK gas market. It is therefore essential for the UK gas market and
economy that the correct regulatory framework is put in place for
access to the pipeline.
Aspects of the framework
agreement require consent from both the UK and the Norwegian
Governments. Can the Minister tell us what the consequences would be if
the two Governments failed to reach consensus? Would the supply of gas
to the UK be threatened in such
circumstances?
One of
the main objectives in respect of energy security is that we should not
be over-reliant on energy from any one source. As I have suggested, the
pipeline will provide between one fifth and one quarter of our gas
supply. Although there could be no better example of a reliable trading
partner than Norway, could the Minister set out the other steps that
the Government are taking to ensure that we do not become over-reliant
on gas from any one
source?
More generally,
does the Minister share my concern that UK electricity generation is
over-reliant on gas and, if so, what steps does he plan to take to
address that? In some scenarios, it is expected that in 20
years time 80 per cent. of our electricity will come from
gas-fired power stations and 60 per cent. of that gas will be imported.
That would mean that half our electricity generation depended on
imported gas, and many of us have anxieties that that would be too high
a reliance on imported
gas.
The
Minister will have seen the reports today that Shell, along with two
Japanese companies, has had to cede majority control of the Sakhalin-2
project to Gazprom. That is particularly relevant in view of the
reliance that we could have in the longer term on Russia and Russian
gas. Shell has reduced its stake from 55 to 25 per cent. and the
Japanese companies have reduced their stakes from 25 and 20 per cent.
to 15 and 10 per cent. respectively. Shells part in this would
be bought by Gazprom for about $2.4 billion, although Gazprom is likely
to cede everyday operation to Shell, as it has no experience of
liquefied natural gas
projects.
Sakhalin-2 is
the most advantageous agreement secured by foreign companies. It was
agreed in the mid-1990s and was the only project in Russia without
Russian equity participation. The forced sale comes after threats by
Russian Government agencies to revoke licences and initiate criminal
proceedings for violation of environmental rules. However, it has also
happened at a time of increased tension between the Russian and British
Governments, following the murder of Alexander Litvinenko, so can the
Minister assure us that there were no other, political motivations
behind the Russian Governments actions? I realise that that
issue is not in the precise nature of the order, but in view of the
importance of the order to gas security I hope that the Minister will
be prepared to answer those points as
well.
Let me return to
the precise issues of the order. What representations have the
Government had from the UK gas industry on the framework agreement
between the UK and Norway? Can the Minister explain the difference
between the Norwegian regulated access system and the existing UK
framework for gas pipeline
access?
It is
reasonable to allow the Secretary of State to act jointly with the
Norwegian Government for resolving disputes over the Langeled South
pipeline, but how will the order affect any other existing or future
gas pipelines? Will the order have any effect on companies
that may wish to use the Langeled South pipeline to export gas from the
UK in the future?
When
the Langeled South pipeline opened in November, wholesale gas prices
for immediate delivery turned negative. After trading at an average of
26p a therm through September, the spot price for gas delivered
immediately fell to minus 5p during the course of a day, and traders
were paying to get rid of it. However, as Britain's storage capacity
was 96 per cent. full and domestic gas bills are based on longer-term
contracts, consumers did not benefit from that free gas. Do the
Government agree that additional gas storage facilities would help to
address this issue and provide greater price stability? Can the
Minister tell us what steps the Government or individual companies are
taking to increase UK gas storage capacity, and what steps he is taking
to address some of the planning issues that delay new capacity coming
on stream?
The order
is quite narrow, although its implications are broad in terms of gas
security, so I hope that the Minister will be able to answer my
questions. However, as I said at the outset, we generally welcome the
order.
4.41
pm
Lorely
Burt (Solihull) (LD): I welcome you to the Chair this
afternoon, Mr. Williams. I want to speak briefly to welcome
the order. As previous speakers have said, the security of gas supplies
for this country is vital. It is a matter of regret that we have not
put the political will into creating sufficient renewable energy to
ensure that we do not need to be so reliant on other countries,
whichever they are, for the supply of
gas.
I look forward to
the Ministers comments on what steps the Government are taking
to ensure that the security of energy supply in this country is more a
matter of self-reliance in the UK, which it can be. Can he also ensure
that global warming, which is a problem that is increasingly being
recognised, is
minimised?
4.42
pm
Mr.
Peter Bone (Wellingborough) (Con): I want to make two
points. First, who ultimately makes the decision if there is a dispute?
If I were in business and buying from the USA, the contract would say
whether, at the end of the day, US law or UK applied. There must be an
ultimate decision on that and perhaps the Minister would say whether a
dispute would ultimately go to a UK court or a Norwegian
court.
Secondly, the
Minister is exceptionally keen on having a liberalised energy market in
Europe. One problem that we have come across is that Norway does not
have a liberalised energy market. Will he comment on
that?
4.43
pm
Malcolm
Wicks: This has been a brief, but important debate. My bet
with my private office that we would be finished within half an hour is
reasonably secure. However, I shall not keep going for 16 minutes to
win that bet unless I feel that it is absolutely necessary and I
receive important notes that I can read at the same time as speaking,
which I do not think I
can.
I welcome the
important source of gas from a good, democratic neighbour, which in
future could supply
perhaps 20 per cent. of our gas requirements. Starting in the first
quarter of 2008, Qatari liquefied natural gas could in time supply
another 20 per cent. of our gas. We will see how we are adjusting to a
circumstance in which, not so long agoalmost at the
momentwe are self-sufficient in gas. We have just become an
importer and I mentioned the Norwegian figures. By 2020, we could be 80
or 90 per cent. reliant on gas from overseas. It is important that we
are having these discussions about where we get that gas from, not
least at a time when there is general acceptance that energy security
is becoming an important part of national security. Indeed, when our
Prime Minister opened the Langeled pipeline with his Norwegian
counterpart he argued that during the 21st century energy security
could become almost as important as conventional defence in terms of
national security. It is difficult to overstate the importance of the
matter.
I was asked by
the Conservative Front-Bench spokesman, the hon. Member for Wealden,
about dispute resolution, which is obviously an important point. I
mentioned some of the answer in my speech, but the framework forum has
been set up to solve such disputes. The 2005 framework agreement
provides for dispute resolution by a conciliation board made up of
members from both countries. When it comes to something as important as
the Langeled pipeline, it is important that we have agreed to have one
system to govern it. It would have been unmanageable to try to mesh, in
a messy way, British regulations with Norwegian regulations.
I mentioned in my speech that
the Norwegian approach is very much subject to a regulated access
regime, with published tariffs and terms, whereas in the United Kingdom
the approach isI had better be careful, I supposenot so
rational, meaning rational in one sense of the word,
and I hope a polite sense. In the United Kingdoms offshore
system, access terms are a matter for negotiation between individual
shippers and the pipeline owner. It is to the credit of those
negotiating the terms that we now have a more standard
system.
I should add that, apart from the
formal dispute resolution procedures, which are important, we have
excellent relations with Norway. Until four weeks ago, when I was
Minister for Energy, I had a good relationship with the Norwegian
Minister, Odd Roger Enoksen. Our countries are now collaborating on a
related issue, to do with carbon capture and storage, under which we
have a working party, given our joint interests in the North
sea.
I
am tempted along the path that the hon. Gentleman understandably raised
in relation to wider energy considerations, although I must resist the
temptationnot simply because I am watching the clock and my
predictions to my private office, but because this is not the occasion
for that. I seem to remember, from my time as Minister for Energy, that
we undertook an energy review, under pretty fine ministerial leadership
as I recall. The review examined supply and demand for energy, and
talked about the importance of renewables, which the hon. Member for
Solihull urged me to discuss, whereby we have an ambition to increase
the proportion of our electricity that comes from renewables from 4 to
20 per cent. by 2020, which is a fivefold increase. We are committed to
renewables and energy efficiency. We also think that there should be a
place for civil nuclear power in the future, although I do not want to
tempt the Liberal Democrats on that one. I shall not say too much about
that, but issues concerning energy supply and the future of our energy
as it relates to climate change and global warming are
crucial.
We are here
to do a bit of legalese, but also to confirm and almost to celebrate
the fact that gas from Norway is already arriving in abundance through
the Langeled pipeline. That gas is welcome, but it is important that we
should tidy up procedures and agreements so that should disputes arise,
they can be settled
amicably.
Question
put and agreed to.
Resolved,
That
the Committee has considered the draft Petroleum Act 1998
(Third Party Access) Order
2007.
Committee rose
at eleven minutes to Five
oclock.