Select Committee on Scottish Affairs Minutes of Evidence


Examination of Witnesses (Questions 120-139)

MR DAVE BLACKWOOD AND DR REBECCA BROWN

18 JULY 2006

  Q120  Danny Alexander: Can I press you on that, what changes do you think would help a company like yourself on marginal projects in relation to the fiscal regime?

  Dr Brown: I do not have specific proposals if you like for tax changes, but we would welcome anything that would support investment in marginal projects and small reserve pools.

  Mr Blackwood: If I can go back to the question on countries which have changed more, the countries that come to mind are Russia, Venezuela. I would like to think of us not in that peer set in terms of fiscal stability. They additionally have huge resource prizes to chase, they are much less mature provinces with much bigger resources and a degree of instability, while there is still a huge prize to chase, will be tolerated by investors from around the globe; they are therefore in a very different situation from ourselves. On the second part about consultation on the fiscal regime going forward, we welcome the consultation—we welcomed it before this increase—but I think there is an issue there of we do need to be measured and thoughtful about this. We would like to see a regime which is maybe simpler and, in truth, a steady, consistent, preferably low tax rate as we see ourselves into the next couple of decades. The question is getting from here to there, we have a pretty complex structure and getting from here to that place is something that we need to do in dialogue in a very considered manner.

  Q121  Mr MacDougall: This is a question I was going to ask later on, but this seems a very appropriate time to ask it. There have been press reports recently that BP, along with four other companies, have taken a 49% share in the Russian company Rosneft. That would seem to me to give an indication of companies now beginning to look elsewhere for a variety of reasons. Do you think that is the case, do you think that companies are going to start moving into these areas much more quickly than we imagined and is this the beginning of that process?

  Mr Blackwood: As a multinational oil company you are always going to keep a balance in this global portfolio. The North Sea has, hopefully, a very healthy future in front of it, but we cannot escape the physics—the individual pool sizes are getting smaller, the costs are increasing. Hopefully it has a healthy life in front of it for two or three decades but it is finite, so corporately we will be looking to keep investing overseas to keep the size of the corporation.

  Q122  Mr MacDougall: Obviously, development costs money and money requires oil in order to pay for the development. At the end of the day a certain amount of resources could be steered in one direction and you would think by that particular move that that is the beginning of a move towards creating shares, spending that money in other countries where it is much more profitable and that at the end of the day a lesser commitment then falls to the North Sea by that process. Even if it is only one minute particle of commitment that is lessened to that process, it can only then multiply as more development opportunities unfold themselves within countries such as Russia. Would that not be the scenario?

  Mr Blackwood: It is very fair to say that any of the multinationals will keep a balanced portfolio. The North Sea is unquestionably, as I keep coming back to, a matter of physics; we would love to see it grow but we cannot, so that share, that investment, will to some degree decline with the physics and the ability to find new accumulations, so to a degree some of this is inevitable.

  Q123  Mr Devine: It is estimated that oil companies in Britain paid just under £10 billion in taxes last year and that in this financial year it is going to be over £10 billion. That is not really a hard hit for the oil companies, is it?

  Mr Blackwood: I cannot speak for the rest of them. I keep going back to the premise that the fundamental question, if I can paraphrase it, is can we afford it? I do not think the question is can we afford it? The question should be, is this tax regime actually going to maximise recovery from the basin, which is what we all want? My hypothesis is in the long term no, and that is really to me the fundamental question.

  Q124  Mr Davidson: Presumably the way to maximise extraction from the North Sea is to have no taxes at all; that would make it much more attractive, would it not? It is a question of where do you strike the balance.

  Mr Blackwood: Absolutely, striking the balance is the key issue there. As the basin matures, as the parcel sizes get smaller, as exploration becomes more difficult, as development costs are increasing by the day, it is striking that balance against that physical and economic backdrop.

  Q125  David Mundell: Can I just ask you a question about the PILOT, because I see that you have both been involved with that and one of the issues which came up when we were in Aberdeen was the fact that the changes in the tax regime had not come through that channel and that that had not really been an environment that dealt with that issue and was not perceived by those who gave us evidence there as terribly helpful.

  Mr Blackwood: The PILOT relationship I actually believe has been very productive for both sides. It keeps a very important line of dialogue open fundamentally between the DTI and the industry and it has led us to work a lot of things productively. The brown fields initiative—I do not know whether you have heard of it—that gave rise to the fallow and stewardship initiatives that have gone on I think have been good examples of the Government and the industry working together actually with this common aim of maximising recovery. It has done a lot of good stuff on that front. The conversations that then need to go beyond the DTI have been a bit more erratic and less detailed, less intense. As PILOT and as UKOOA we find our way in to see the Paymaster-General maybe a couple of times a year and the intensity of dialogue in there is nothing like as detailed as it is with the DTI within the PILOT. Something that would build on the consultation process that is underway just now to start to deepen that relationship can only be a good thing.

  Q126  David Mundell: It is finding a context because I sense that my colleagues remain sceptical of the view that the industry is not in fact over-egging it in relation to the damage that the tax changes will or could do. Surely it must be about finding a forum of trust by which there can be at least some consensus on what the effect of any particular measure is.

  Mr Blackwood: Part of the desire for a bit more dialogue is that within PILOT with the DTI we have hopefully demonstrated as an industry that we can take quite thorny issues and work on them together and actually come up with some very good initiatives, fundamentally on self-regulation. We have been able to demonstrate to the DTI that we are an industry that is capable of policing itself in some areas; if we could take that depth of dialogue to fiscal issues I believe we would get a better result sometimes. Some of the disappointment has been that despite this richness of dialogue with the DTI in 2002 and in the recent exercise also there has been no prior consultation.

  Q127  Mr McGovern: You have heard that a couple of weeks ago we took evidence from UKOOA in Aberdeen. Can I ask you both how you would view UKOOA's assertion that the tax increase has led to the UK acquiring "an international reputation of fiscal instability within the industry"?

  Dr Brown: I would agree with that statement. One of the factors that attracted Apache to the North Sea was the fiscal stability, and that was I guess when we were looking at the region four years ago, and I do not think we could make the same statement today that it is stable.

  Mr Blackwood: If I can go back to prior comparators, as I said I had a trawl around our company to see where we have changed in the last five years, where we have changed more than the UKCS. The list produced Russia and Venezuela so we are up there compared to other oil-producing regimes, we have changed as much as anyone. We used to have an enviable reputation for stability, but we have destroyed that pretty quickly in the last three or four years.

  Q128  Mr McGovern: I have a feeling members of the Committee would maybe beg to differ with that. You have maybe touched on this in prior questions as well but exactly how would a stable fiscal regime help promote maximising production from the UK Continental shelf?

  Mr Blackwood: We are making significant investment decisions for large new fields which get into tens or hundreds of million pounds. Part of that is looking at the 20 years and trying to evaluate the economics and if you cannot plan on any certainty in the fiscal regime in the 20 years the confidence to make those investments will decrease. People will factor in higher risk profile or will not make the investments; that is the damage that instability does, it is destroying that confidence for a 10, 15, 20 year investment.

  Q129  Mr McGovern: Just as a supplementary to that can I just ask you to clarify what suggests stability in 10 years, 15 years or 20 years?

  Mr Blackwood: At the moment all we have to go on is to the end of this Parliament.

  Q130  Mr McGovern: But is that new, has that not always been the case?

  Mr Blackwood: The history has been much better than that until the last four or five years. In the days of the large developments in the North Sea we had much more stability than we have seen in the last four or five years.

  Q131  Mr McGovern: If I can just press you on that a little, please, what in the past would define for you that stability would go beyond the life of a Parliament?

  Mr Blackwood: Quite simply just the history that it did not and the reality of it. The reality of the last four years is three changes in four years.

  Q132  Mr McGovern: With all due respect that is easy to say with hindsight, but back then how did you know that things would not change beyond the life of a Parliament?

  Mr Blackwood: The simple answer is that I was not around then to know but I am assuming that the people who were making in those days the developments of the Forties and the Brents, multibillion pound investments, had some degree of comfort that they were actually going to see a regime that was not going to change year on year.

  Mr McGovern: I am not entirely confident that you have answered it, but I will accept that.

  Q133  Mr Davidson: Given that you are multinational companies, how can we be assured that as it were you do not have just one big bucket of money from which if we were not drawing it in tax you would have just spent it somewhere else—I mean, BP has just spent a huge amount in Russia. How do we know that if we had not levied this additional tax you would actually just have spent more buying shares in the Russian company; how do we know that it would actually have gone back into the UK and been invested in the North Sea?

  Mr Blackwood: The simple truthful answer is we do not know, we do not know the proportions of what would have been reinvested in the North Sea, what would have been returned to shareholders. The one I would put to you is that it is money that is not reinvested in BP somewhere, and in our case it is not into stuff that it is going to find its way back into the London listed company where it is paying all of its corporate taxes. One way or another it was coming back into the UK.

  Q134  Mr Davidson: Up to a point. Can I just clarify whether or not there is any tax increase ever anywhere that you have actually welcomed?

  Mr Blackwood: Not to my knowledge.

  Q135  Mr Davidson: I thought that. In terms of stability, if the price of oil falls and we heeded your point about decreasing tax in those circumstances, would you regard a tax increase then as being a cause of instability.

  Mr Blackwood: A tax increase in the event of a price fall.

  Q136  Mr Davidson: Sorry, a decrease then.

  Mr Blackwood: I get your point, we like stability when it is going up and we do not like it when it—

  Q137  Mr Davidson: Yes, is that correct?

  Mr Blackwood: Yes.

  Q138  Mr Davidson: You can cope with the instability if it is in your direction but you cannot cope with instability if it is in our direction.

  Mr Blackwood: The stability I am seeking is the reassurance from the Government now that if and when that price comes back down, this tax increase will be revisited. Call it stability, call it certainty, that is what we want.

  Q139  Mr Davidson: I have more sympathy for that position, I understand that much more clearly and it seems to me that the corollary of that again is that if the price continues to rise then we could continue to increase the taxation.

  Mr Blackwood: Can we separate two issues here? One is this notion of index-linking as it were; the whole idea of index-linking—I am glad to see it appears that the Government does also agree with where we are, that this is not a good idea for anyone: you have volatility in your tax receipts, we have volatility in what we try to plan for by way of investments, I just do not see that as a model that works for anyone. There is one concept of where should the tax take be at different prices? The index-linking just creates too much volatility for everyone and the issue, if I can paraphrase, that instability is okay when tax rates are going down, it is not a variable either, it is an absolute. If we stay with this cost base that we are working our way up to at the moment, and this tax regime, and in three or four years out there we see the price softening down again—it is not a relative thing, it is an absolute, investment will drop.

  Mr Davidson: I do understand that but we have also got to take that in the context of drilling prices going up 300% or 600% and so on; given that, you face all those other pressures as well and it is highly unlikely that you would ever be able to identify the impact that this tax increase had because you cannot take it in isolation.


 
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