Revealed: The Oil and Gas Lobbying Campaign to Water Down Windfall Tax

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Original article by Adam Barnett republished from DeSmog.

Industry figures held more than 200 meetings with key politicians in the year following Russia’s 2022 invasion of Ukraine, new research finds.

Prime Minister Rishi Sunak tours a Shell gas plant in Aberdeen in July 2023. Credit: Number 10 (CC BY-NC-ND 2.0)
Prime Minister Rishi Sunak tours a Shell gas plant in Aberdeen in July 2023. Credit: Number 10 (CC BY-NC-ND 2.0)

The UK government’s weakening of its windfall tax on energy profits matched the demands of a high-level lobbying campaign by the oil and gas industry, new research reveals. 

Trade body Offshore Energies UK (OEUK), formerly Oil and Gas UK, and its operator members including BP, Shell, ExxonMobil, TotalEnergies, and Equinor, met with ministers at least 210 times in the 12 months following Russia’s 2022 invasion of Ukraine.

The meetings – which include in-person talks with the then Business and Energy Secretary Kwasi Kwarteng and his minister Greg Hands (now the Conservative Party chairman) – are revealed in research by Fossil Free Parliament (FFP), a group campaigning against fossil fuel influence on UK politics. 

They form part of a lobbying blitz by fossil fuel firms against the windfall tax, conducted through meetings, drinks receptions, letters, parliamentary groups, and a “fiscal forum” with the Treasury attended by the then chancellor (and now prime minister) Rishi Sunak. 

The evidence, published in a briefing today (October 24) and shared exclusively with DeSmog, indicates that certain changes requested by the oil and gas industry were accommodated by the government when developing the scope of the levy.

It comes as Sunak faces criticism for delaying some net zero targets and granting 100 new North Sea oil and gas licences, including Equinor’s Rosebank project. As DeSmog reported in March, the Conservative Party received £3.5 million from fossil fuel and polluting interests in 2022. 

A spokesperson for OEUK defended its contact with the government: “We will always champion our industry to all parliamentarians on a cross-party basis and do so in an open and transparent manner.”

Caroline Lucas, Green Party MP for Brighton Pavilion, described the research as “shocking”.

“Fossil fuel giants have been committing countless climate crimes, polluting our planet and reaping obscene profits – while everyone else faces sky-high energy bills and a cost of living scandal,” she told DeSmog. 

“This research reveals the extent to which the dirty fossil fuel lobby has been aided and abetted by this Tory government – taking their donations, offering privileged access, and handing over staggering tax breaks and subsidies to carry out yet more climate-wrecking damage.”

Windfall Tax ‘Loophole’

The Energy Profits Levy, known as the windfall tax, was announced by the government in May 2022 to tax energy companies’ billions in excess profits due to the global price spike fueled by Russia’s February 2022 invasion of Ukraine. 

Then chancellor Sunak said the windfall tax would raise around £5 billion over the next year to help with cost of living. However, when the levy was passed in July 2022, it included a loophole where companies received 91p tax relief for every pound they invest in UK extraction, in what the independent Institute of Fiscal Studies called a “huge tax subsidy” for energy companies. 

As of September 2023 the windfall tax had raised £2.6 billion, just over half of what was promised, and following a year of record profits by five oil majors. Between them, Chevron, ExxonMobil, Shell, BP and TotalEnergies made a total of £195 billion in profits last year. 

The new research indicates this ‘loophole’ came about following a surge in meetings and lobbying between OEUK and its member companies with the government, 

In June 2022, the month the windfall tax was being consulted on and drafted, meetings between the government and OEUK and its members nearly doubled from 15 to 29, according to the new research. 

In the same month, OEUK also wrote letters to Sunak warning the proposed windfall tax would have a negative impact on oil and gas investments in the UK. The letters also called for an emergency summit, including a meeting of the “fiscal forum”, a talking shop between the industry and the Treasury. OEUK describes the fiscal forum as a tool for “facilitating coherent engagement with government authorities to drive the policy agenda”. 

On 20 June, the day before the consultation’s launch, the British Offshore Oil and Gas Industry All-Party Parliamentary Group (APPG), which is co-run by OEUK, held a summer reception at the Houses of Parliament. The reception saw speeches from Conservative MP Peter Aldous, the APPG’s chair, and Greg Hands, then a minister in the Department for Business, Energy and Industrial Strategy. 

At the reception, OEUK’s then chief executive Deirdre Michie gave a speech claiming the windfall tax could “undermine and disrupt” energy investment at a time when the UK needs to focus on “energy security and working for net zero”. 

Three days later, Sunak, Hands and exchequer secretary Helen Whately attended an “Oil and Gas Roundtable”. The meeting, also known as a fiscal forum, was held in Aberdeen, Scotland, with OEUK and members including BP, Shell, Equinor, and TotalEnergies. According to a 28 June letter from Michie, the meeting discussed the “negative impact” of the windfall tax “on investor confidence”, while companies warned of its “damage to the UK’s competitiveness”. 

Michie wrote: “While we remain disappointed at the decision to create the EPL [Energy Profits Levy], OEUK and our members want to work constructively with you to help rebuild investor confidence and ensure that the EPL is designed and implemented thoughtfully and is fit for purpose.”

OEUK’s concerns appear to have been taken into account by the government. 

For example, in Michie’s 28 June letter she insisted that the windfall must tax end in 2025: “Industry needs certainty that the EPL will be terminated by the end of 2025 at the latest and we would hope that ministerial statements will continue to reinforce the timebound nature of the EPL.” A deadline of 31 December 2025 was later included in the EPL bill. 

Michie’s letter also requested that the windfall tax should not apply to the Petroleum Revenue Tax (PRT), a tax break that oil and gas companies receive for decommissioning oil rigs, adding: “[we] have written to your officials with detailed proposals on the changes to the draft legislation and hope you will give this significant consideration”. The final windfall tax bill did not apply to PRT, as Michie had requested.  

“This research makes it abundantly clear that our government has an open-door policy when it comes to the fossil fuel industry”, said Carys Boughton, a campaigner with Fossil Free Parliament. 

“They ask for special treatment; they get special treatment, and the rest of us pay for it – with obscenely high energy bills, and a worsening climate crisis.”

She added: “Our political leaders should be channelling every effort into a just transition from fossil fuels, but this won’t happen until the industry with a vested interest in keeping us all hooked on oil, gas and coal is kicked out of our politics.”

Jeremy Hunt and the ‘Price Floor’

A tranche of additional documents, obtained by Fossil Free Politics and seen by DeSmog, shed further light on the extent of industry lobbying, which continued beyond the introduction of the windfall tax. 

After Liz Truss’s disastrous September mini-budget, newly-installed chancellor Jeremy Hunt used his Autumn statement in November 2022 to extend the windfall tax to 2028 and increase it from 25 percent to 35 percent. 

OEUK raised its opposition to these changes with Victoria Atkins MP, Financial Secretary to the Treasury, in a meeting on 17 November 2022. 

Minutes of the meeting, obtained via a Freedom of Information request, show the body’s chief executive Deirdre Michie telling Atkins that the windfall tax extension “plays into investors being undermined”, and that the 10 percent increase “will impact companies borrowing and projects”. 

Michie also complained of a “lack of engagement” with ministers, and brought up “the previous HMT [Treasury] fiscal forum”. 

A few weeks later, on 9 December, Hunt hosted a fiscal forum in Edinburgh with OEUK and its members BP, Shell, Equinor, TotalEnergies and others. There he promised “more regular fiscal forum meetings in future”, according to a Treasury press release. 

Ahead of the meeting, OEUK said it would urge the government to “scrap the windfall tax on homegrown energy when oil and gas prices fall back to normal levels”. This would mean that if prices drop below a certain point, the windfall tax could be removed before 2028. 

Ahead of the Spring Budget in March 2023, OEUK repeated this demand, reportedly writing to Hunt to call for a “trigger price” which “switches off” the windfall tax. 

Lobbying continued through the spring. In a meeting on 15 March with Treasury’s Exchequer Secretary James Cartlidge, OEUK’s new chief executive David Whitehouse told Cartlidge that the industry was “extremely disappointed that oil and gas did not get a mention in the budget” and called for more engagement and “a public signal” to “shore up confidence”. 

On 9 June, OEUK got its wish. Hunt introduced a “price floor” to the windfall tax, which meant the tax would end before 2028 if wholesale energy prices fall back to normal levels – as OEUK and member companies had been requesting.

‘Cosy Relationship’

When contacted by DeSmog, OEUK did not address the evidence of lobbying specifically on the windfall tax.  A spokesperson said the industry body was “proud” to provide a secretariat function to the all-party parliamentary group for offshore oil and gas.

“The offshore sector is a crucial part of the UK economy, supporting over 200,000 jobs in communities across the country and in nearly every parliamentary constituency,” they said.  

“Our industry is playing a vital role in the UK’s low-carbon energy future and paid £11 billion in production taxes in 2022/23. It has paid a total of £400 billion in taxes over the lifetime of the basin.”

Shell referred DeSmog to OEUK for comment. All other companies named in this story were also approached but had not responded by publication.

The Conservative Party, Cabinet Office, and the Department for Energy Security and Net Zero were also contacted for comment.

Tessa Khan, executive director of Uplift, a North Sea campaign and research group, said the findings revealed the latest in the industry’s “long enjoyed unwarranted influence over our politics”.

“This is an industry that has made obscene amounts of money while millions of ordinary people – older and disabled people, families with young children – have struggled to heat their homes,” she said. “That they then lobbied in private against a windfall tax designed to claw back some of these profits, is disgusting if unsurprising.”

“The cosy relationship between government and profiteering oil and gas companies needs to end, not just for the sake of everyone facing unaffordable energy bills, but for a liveable climate too.”

Original article by Adam Barnett republished from DeSmog.

Image of InBedWithBigOil by Not Here To Be Liked + Hex Prints from Just Stop Oil's You May Find Yourself... art auction. Featuring Rishi Sunak, Fossil Fuels and Rupert Murdoch.
Image of InBedWithBigOil by Not Here To Be Liked + Hex Prints from Just Stop Oil’s You May Find Yourself… art auction. Featuring Rishi Sunak, Fossil Fuels and Rupert Murdoch.
Continue ReadingRevealed: The Oil and Gas Lobbying Campaign to Water Down Windfall Tax

Dutch MP majority in favour of potential phase-out of fossil fuel subsidies

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 Extinction Rebellion activists block the Utrechtsebaan of the A12 highway in The Hague to protest against fossil fuel subsidies, 26 November 2022 - Credit: Extinction Rebellion / Provided - License: All Rights Reserved
Extinction Rebellion activists block the Utrechtsebaan of the A12 highway in The Hague to protest against fossil fuel subsidies, 26 November 2022 – Credit: Extinction Rebellion / Provided – License: All Rights Reserved

https://nltimes.nl/2023/10/10/mp-majority-favor-potential-phase-fossil-fuel-subsidies

A majority of the Tweede Kamer adopted on Tuesday afternoon a motion from Suzanne Kroger (GroenLinks) and Raoul Boucke (D66) that calls for a possible phase-out plan for fossil fuel subsidies. GroenLinks-PvdA, D66, PvdD, SP, ChristenUnie, Volt, Bij1, Denk, VVD and CDA voted in favor.

NOS reported prior to the vote on Tuesday that the CDA would vote in favor of the motion, meaning a parliamentary majority would be reached. CDA MP Derk Boswijk told NOS prior to the vote that his party would eventually vote in favor because “we, as CDA, want to pass on a cleaner world to the next generation.” He believes it’s wise to explore how fossil subsidies can be phased out “in a sensible manner.”

The climate activist group, Extinction Rebellion[NL], blocked the A12 highway in The Hague for several consecutive days, pushing the Dutch government to abandon policies that support the fossil fuel industry. They suspended the blockades on Friday in anticipation of the parliamentary vote on Tuesday.

The organization announced on Tuesday prior to the vote that they will stop demonstrations on the A12 highway until Christmas, Nu.nl reported.

Extinction Rebellion NL image reads STOP FOSSIELE SUBSIDIES
Extinction Rebellion NL image reads STOP FOSSIELE SUBSIDIES

“Civil disobedience works,” the climate activist group stated on Tuesday. A spokesperson describes the vote as a significant step. “Recently, with the A12-blockades, we caused shockwaves in society and made people look differently at fossil fuel subsidies. That social change has translated into politics today. And that is what we always wanted,” she said.

She added that the XR will now look at the implementation of the bill. “Of course we will look critically at what happens next. Should it turn out that politics fails again, we will come back with much more,” she said.

Continue ReadingDutch MP majority in favour of potential phase-out of fossil fuel subsidies

Extinction Rebellion NL pauses daily A12 highway blockades awaiting a decision on government fossil fuel subsidies

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Extinction Rebellion NL image reads STOP FOSSIELE SUBSIDIES
Extinction Rebellion NL image reads STOP FOSSIELE SUBSIDIES

Extinction Rebellion pauses daily A12 highway blockades; Hague mayor relieved

Extinction Rebellion (XR) is suspending the blockades on the Utrechtsebaan (A12) in The Hague. The group of activists will await a vote in parliament on Tuesday on a motion in which Suzanne Kroger (GroenLInks) and Raoul Boucke (D66) asked for a phase-out plan for fossil fuel subsidies. The Hague mayor, Jan van Zanen, called it a relief.

Fossil subsidies are schemes like tax discounts and excise duty exemptions for the fossil fuel industry. If the motion is not adopted, the daily blockades will resume, XR said. The climate activists consider the motion “recognition that politicians also see that 39.7 to 46.4 billion euros in fossil subsidies annually cannot be defended.”

In the motion, the two parliamentarians ask the government to draw up scenarios before the Christmas recess for ending the subsidies “in the term of 2, 5, and 7 years.” For each scheme, the government must also indicate how many negative consequences can be mitigated and which “national measures” can be taken if subsidies are fixed in a European context. Kroger and Boucke called fossil subsidies an “obstacle in the transition to a climate-neutral society.”

XR blocked the A12 highway in The Hague for the 27th day in a row on Thursday. Dozens of demonstrators were again arrested. 

Continue ReadingExtinction Rebellion NL pauses daily A12 highway blockades awaiting a decision on government fossil fuel subsidies

How oil and gas company tax reliefs could lose the UK billions

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Scientists protest at UK Parliament 5 September 2023.
Scientists protest at UK Parliament 5 September 2023.

Karl Matikonis, University College Dublin

The recently-approved Rosebank oil field in the North Sea has been touted as a way to boost the UK economy and its energy security. But even with its windfall tax on energy company profits, the project is a good example of how the UK could miss out on billions in taxes over the life of an oilfield.

Energy companies Equinor and Ithaca expect to invest £8.1 billion in Rosebank from development, during its operation and when they decommission the field once they’ve finished extracting its oil. Of this, 78% will be invested in UK-based businesses, and the project will support 1,600 jobs at the height of construction and around 450 UK-based jobs over its entire lifetime.

The UK charges a headline 75% rate of tax on all UK energy production and so, at first glance, a major project like Rosebank would be expected to generate billions in tax payments for the UK Treasury over the years. But, according to my research, it could instead create billions in tax savings for the companies involved.

Of the 75% tax that energy companies are currently charged, profits from oil and gas extraction in the UK are charged a corporate tax of 30%, supplemented by an extra 10% charge. The other 35% in taxes comes from the UK’s windfall tax.

Such levies are typically used to redistribute profits when a company benefits from external circumstances. For example, energy companies have recently seen profits soar as prices rose due to concerns about satisfying global oil and gas demand during Russia’s invasion of Ukraine.

The UK rolled out an additional 25% windfall tax in 2022 for oil and gas companies in response to this profit spike. On January 1 2023, the government increased it to 35% until at least the spring of 2028. The UK government raised £2.6 billion from the windfall tax alone last year.

When the windfall tax is added to the 30% rate and the 10% extra, that makes for a whopping 75% tax on energy companies. This seems like a lot, but the reliefs and other tax breaks open to companies often help a lot of these charges disappear. When a business invests its profits, it can benefit from first-year capital allowances, subtract costs related to daily operations and gain additional investment allowances that can be saved up to reduce taxes on future profits.

Crunching the numbers

If an oil company makes £10 million, for example, current tax rules would claim £7.5 million from this. But if the company reinvests the earnings in oil and gas extraction, it wouldn’t just zero out its tax, it could also set aside an extra £1.6 million against future gains – or £3.4 million if it invests in decarbonisation.

Project this on to Equinor and Ithaca’s multibillion-pound Rosebank investment and it could generate up to £8.4 billion in tax savings for the companies involved, based on my analysis of levies on energy producers,

A spokesperson for Equinor told The Conversation: “These are numbers we don’t recognise.” Adding that estimates by energy consultancy Wood Mackenzie found Rosebank would bring £26.8 billion to the UK through tax payments and investments, he continued: “Over the years, oil and gas taxation in the UK has changed many times. It is impossible to estimate with any certainty exactly how large tax revenue and value creation this project will generate for the UK.” Ithaca did not respond to a request for comment.

Many players in the UK’s oil and gas sector can take advantage of a range of capital and investment allowances, deductions and taxation reliefs. In fact, before the windfall tax, companies often got back more from the UK government than they paid in taxes.

The windfall tax will expire in 2028 or if energy prices fall below a certain level for six months. And so while it has forced some companies pay tax on some recent bumper profits, it won’t always be around to make even that happen.

Jeremy Hunt walking along Downing Street, London.
UK chancellor Jeremy Hunt increased and extended a UK windfall tax on oil and gas companies last year.
Sean Aidan Calderbank/Shutterstock

Shortsighted or strategy?

Compared to nations like Norway that offer more long-standing corporate tax regimes, the UK’s history is riddled with policies that have been swayed by short-term political urgencies. This sidelines long-term vision and provides a very weak signal to companies considering investment in the UK.

A revolving door of UK prime ministers in recent times hasn’t helped and has also seen investors lose some confidence in the country’s economy. A slew of lucrative tax reliefs might seem like the perfect way to counterbalance recent policy oscillations.

Central to the UK’s energy strategy is an intent to ramp up extraction, ostensibly to enhance national energy security. But will this happen with Rosebank?

When asked about this, the Equinor spokesperson said: “Rosebank will strengthen our contributions to UK energy security. The field is estimated to start producing in 2026/2027 and produce for more than 20 years. The gas will go into the UK pipeline system. The oil will be offloaded offshore. It is a light, sweet crude oil that can be used in refineries in the UK. If the UK needs the oil, when the field starts producing, the UK will get it.”

But Equinor, like other energy companies drilling in UK oilfields, doesn’t have to sell what it drills back to the UK.

The UK continues to feed the oil and gas industry with reliefs, while renewable energy projects (but not gas-generation) face the electricity generator levy – a 45% charge on power generated above a £75 per megawatt hour (MWh) threshold. As much of the rest of the world moves towards more sustainable energy solutions, the UK should realign its tax priorities with the broader, greener global vision.The Conversation

Karl Matikonis, Assistant Professor, University College Dublin

This article is republished from The Conversation under a Creative Commons license. Read the original article.

Continue ReadingHow oil and gas company tax reliefs could lose the UK billions