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Dáil Éireann díospóireacht -
Thursday, 25 Apr 1985

Vol. 357 No. 9

Oil Exploration: Statements.

At the outset let me say that copies of my statement are on their way to the House and will be circulated as soon as they arrive in a matter of minutes.

Deputies will, no doubt, have seen reports of the statement of clarification which I issued yesterday in relation to certain of the provisions of the 1975 Exclusive Offshore Licensing Terms. As I said this morning copies have been placed in the Dáil Library. I outlined the manner in which I would apply, in the case of marginal fields, the discretionary powers available to me under sections 23 (7) and 29 (2) of those 1975 terms. The two sections in question empower me to reduce levels of State royalty and State participation, where I am satisfied that this is necessary in order to enable a marginal field to be developed and, at the same time, to provide a reasonable return on the expenditure to be incurred by the licence holders.

The maximum levels of State take under the headings set out in the 1975 terms were designed to apply to medium and large fields which would be sufficiently remunerative to bear such a burden. The general perception now is that, in certain of our exploration areas at least; finds are likely to be relatively small and may be economically marginal.

Did the Minister say we would get this statement?

Yes, it is on its way and being circulated while I am addressing the House.

This is very important.

It is a major statement.

The Minister cannot expect someone to stand up as soon as he sits down without having a copy of the statement.

I assume Deputy Reynolds has a reply ready.

When I hear what the Minister says I will reply to it.

By a "marginal field" I mean one on which the return on investment does not adequately reward the investor for risk, taking account of alternative investment opportunities. Oil companies need to know, before committing to exploration, how the terms — in particular "carried" State participation — will be applied in the event of such a marginal discovery. Otherwise, in making their financial projections, they may feel that it might not be prudent for them to assume in advance that any particular degree of flexibility will be applied and, accordingly, they may envisage the maximum terms being applied in their full rigour. There is a danger that, if this were to happen, many reasonable prospects might be seen as potentially uneconomic and not worth exploring.

I must have regard also, in this context, to certain other factors which have a bearing on exploration. The most important of these are the fall in oil prices since 1982 and the uncertainty as to the future trend. This has led to a cutback in exploration budgets generally. I must also bear in mind that the Irish offshore is competing for the available exploration funds with other offshore areas, some of which offer attractive terms for the type of marginal field which I mentioned.

Ireland's offshore is still relatively unexplored. While there has so far been no commercial oil discovery, we have got considerable encouragement in recent years. Our objective now is not only to maintain a reasonable level of drilling but to increase it and accelerate the pace with a view to achieving commercial discoveries.

The arrangements I will be applying may seem rather complex. This in unavoidable because it is a delicate exercise to strike a fair balance between the State's interests and the need to allow an adequate return on the high risk investment of the oil companies. The matter has been studied in great detail in my Department and the arrangements to be applied have been tested over a wide range of hypothetical and real cases. I am satisfied that they are the fairest that can be achieved.

The approach, in essence, is that a "marginal" field will be defined by reference to a profitability ratio (called R) which is, in effect, net revenues divided by capital expenditures. Where, on this basis, a field is deemed to be marginal, it will qualify for marginal relief. In the first instance, fields with proven recoverable reserves of less than 75 million barrels will be relieved of royalty on the first 25 million barrels of production, provided that such an arrangement does not improve the profitability ratio beyond the qualifying threshold for marginal relief. If it does, the licensee will be entitled to such an element of royalty relief as will bring him up to that threshold. It is important to note that the royalty relief is not automatic; it is not enough that the field be less than 75 million barrels — it must also be a marginal field. In the case where, after account is taken of royalty to be paid, the field is still marginal by reference to the criterion "R", then the maximum proportion of the State's participation which licensees would be required to carry in accordance with the 1975 Licensing Terms will be determined by the following formula:

C= (1-P) / P × (R-1.3) × 1.85

(Interruptions.)

A Deputy

Is the Minister's speech for only limited distribution? Only five Deputies have copies.

I am sure it will reach the Deputy in due course.

On a point of order, scripted speeches from a Minister are usually made available to most Members of the House and certainly to former Ministers, a number of whom in the House have not got this.

More copies will be circulated as soon as possible after they come off the printing machine.

In this formula, "R" is the profitability ratio to which I have already referred; "P" is the level of total participation chosen by the State expressed as a fraction, and "C" represents the fraction of the State's chosen participation for which the licensees must provide funds at the allowable rate of interest.

Where a maximum level of carried participation is determined by this formula, the licensee will be entitled to recover (after payment of taxes and royalties) his expenditures on behalf of the State and allowable interest thereon from the proceeds of the sale of the "carried" portion of the State's share of petroleum produced.

As regards factors such as costs, prices, inflation rate, etc., the assumptions to be embodied in the formula will be those which, in my opinion, are the most realistic that can be adopted at the appropriate time. In evaluating such factors I will take into account any representations made by the operator and such other expert advice as I may deem it advisable to procure.

The State still reserves the right to participate up to 50 per cent as provided for in the 1975 terms. Where the application of the formula indicates that the State will not be carried for the full amount of its chosen participation share, the State will (i) opt to pay, either itself or in association with others, for the development of the State's remaining entitlement to participation; or (ii) allow the licensees to carry the State for the remaining portion of the State entitlement on terms which allow an agreed risk premium.

The formula will apply to marginal fields, as already indicated, but only where I am satisfied that no other opportunity remains to enhance the profitability of the project. Finally, irrespective of the projected real rate of return, the formula will not apply automatically in the case of very large fields. Such cases will be the subject of individual negotiations at the appropriate time. "Very large fields" are taken to be those which are (a) in excess of 1 billion barrels of recoverable oil in water depths of 600 ft. or more, and (b) in excess of 300 million barrels of recoverable oil in water depths of less than 600ft.

The new arrangements, which will apply to new licences, including licences granted under the third licensing round, will facilitate the more competitive and better endowed companies in committing the large funds involved in exploration and will, at the same time, safeguard the State's entitlement to a fair share of revenues from a field. I will, of course, be prepared to consider, on a case by case basis, any requests from the holders of existing licences to have the new arrangements made applicable to their current licences, but it may be necessary to seek appropriate adjustments in work programmes in such cases.

As a result of this clarification, I expect oil companies to respond with an increased level of exploration, particularly in the context of the third licensing round, which closes on Saturday, 15 June 1985.

Listening to the Minister's clarification at the end of his speech, I say he should go back to the drawing-board and get more clarifications in relation to yesterday's hastily put together press conference and today's announcement. As I said earlier, I deplore the manner in which this matter has been handled by the Tánaiste, the Taoiseach and the Government because I got a commitment here on Tuesday that this matter would first be announced in this House but, unfortunately, for reasons best known to themselves, whether it was the handlers who decided that this was the best way to approach it or otherwise, they sought to ignore the House and undermine the primacy of Parliament once again.

I will now try to tease out exactly what is in this statement, not an easy job because there are people better qualified than I in the public arena who cannot tear it apart either. There are certain fundamental principles to which we should address ourselves this morning and we must wait until we can do the final calculations on the profitability ratio and formulae the Minister mentioned today.

The first thing we must look at and appreciate is that Ireland is not an oil producing province. Secondly, we are looking for scarce exploration funds in competition with every other country around the world. We want these companies to come into an area which is not proven. For the past 18 months I have been pointing out to the Government that the third round licensing would be a failure if they did not take decisive action to solve the problems which still exist in the licensing terms which came into effect in 1975. I was not in politics at that time but I remember reading that we were on the verge of discovering a major oil bonanza off our shores. Over the last ten years we have found oil in the Porcupine and off the Waterford coast, but we still do not have any proven oil reserves, we are still not an oil producing province. The terms set ten years ago may have been right at that time but they are not right today.

Let us look back at the activities over the last ten years. There were more wells drilled in the first six months in the United Kingdom sector of the North Sea than have been drilled in our waters over the last ten years. That puts the level of activity off our shores into perspective. As I said, I knew the third round would be a failure as anybody looking at the situation realistically could see. The closing date of the third round, 15 February, had to be postponed because there was little or no interest expressed. The Government postponed the date in the hope that the taxation terms set out by the Minister for Finance on 14 January would increase the interest in applying for licences but that did not happen. There were elements that needed to be clarified because there were still many other areas of uncertainty, and they are still there.

If the Minister and the House appreciate how exploration funds are allocated to various regions around the world, they would know what I am talking about and they would not have taken this approach. Everybody knows economic models covering the various areas for which exploration funds are sought are fed into the computer. There is no point trying to tell anybody who understands the situation that one can feed into a computer words like "uncertainty", "flexibility" and "bona fides of the Minister". That will not produce anything from a computer in Texas or anywhere else and for that reason I regret to say we will remain an area with a very low level of activity. That is not the objective of this party, and I hoped until today that it was the objective of the Government to accelerate exploration, to find the oil in commercial quantities and then to sit down and say where we will go.

We know what the development of oil in Norway and the United Kingdom has been. We see that the ninth round in the United Kingdom has been very successful. Why has it been successful? Because they have approached it in a realistic common-sense manner knowing there is a scarcity of exploration funds and setting out with the objective of getting the maximum share of this money into their area. We sat on the fence far too long and when the Government finally addressed themselves to the problem they went about it the wrong way.

As I said, exploration funds are scarce and cannot be found too easily. When we look at the cost of exploring for oil around the world we see that it works out on average at a cost of $12 a barrel. What do the multinationals find on looking at companies listed on the stock exchanges which have reserves of oil and have discovered proven reserves of oil? They can buy from companies with reserves of oil at $8 a barrel. Why then should they spend $12 a barrel exploring for oil? The cheapest place to explore for oil is the world stock market. This is the climate in which we operate and we should not fool ourselves.

There have been promising signs lately, especially in the last well. I do not know exactly what the details are but maybe this is an attempt to get something done with that well. Maybe when this fudge formula is put into the computer it will produce something for a specific company in a specific area. If that happens, then I say shame on the Government for having ignored the broad perspective of the industry for so long. The objective behind the terms announced today should be to attract people into the third round but I do not believe that people will be breaking down the door trying to get licences as a result of these terms.

We must strike a balance between getting the maximum for the State and the hard-pressed taxpayer and at the same time leave a proper return on investment for those who place such huge sums of money at high risk. How can the taxpayers' interests be best protected? I say without hesitation that the first approach by the Government has been misguided and misdirected. I do not know if this approach followed on from ideological hangups but from the point of view of the hard-pressed taxpayer the one thing that should not have been given away is royalties on the barrels of oil produced. The track record and economic history will prove time and again that the only safe way to protect the taxpayer is to take the royalties on the barrels of oil produced. The Government have decided not to do that but rather to waive the royalties on the first 25 million barrels of oil produced on wells up to 75 million barrels. With the average price of oil today in a well of 75 million barrels that could mean, from the taxpayers' point of view, giving away £60 million to £70 million.

Is that what it was designed to do? Are the Government foolish enough to think that it will have the beneficial effect in the third round that they thought it would have? If they think that they will not be left long in ignorance when they try to find applicants for the third round. To my knowledge there has been no complaint from the industry in regard to our terms in relation to royalties and corporation tax. No argument was ever put forward to me either as Minister or as Opposition spokesman in relation to royalties or taxation. Why should the Government choose to give away royalties when the industry did not ask them to do so, instead of directing their attention to the real problem which is the uncertainty which exists in relation to the State's participation in any well?

It may sound complicated but it is as simple as this. A company go out and drill for oil and if they find it in commercial quantities they come back to the State under the 1975 terms and the State can say, if it so wishes, that it is taking up 50 per cent of that well. They can also say to the licensee that they want the licensee to pay the total development cost. Although the licensee has only a 50 per cent share of the well the Government can say they want him to pay 100 per cent of the development cost. Think of what that means to people trying to put hundreds of millions of pounds together to get a development going. They only own 50 per cent of the well and yet they have to find the total amount of finance.

Like insurance companies and others in big business normally oil companies share the risk around. They give 5 per cent to one company and 20 per cent to another and so on but if they only own 50 per cent one can see the severe limitations which will be placed on them in trying to spread the risk in what is accepted as being a risky business. As a result of the uncertainty that exists no company can come up with an economic module which will tell them that it is correct for them to go ahead. That is the root cause of the problem in relation to exploration off our coasts and the Government have ignored this.

We can talk about having 50 per cent now and we have spoken about this for ten years but 50 per cent of nothing is nothing and what we have been clapping ourselves on the back about for the last ten years has turned out to be nothing.

What is in the best interests of the economy and the taxpayers? It is certainly not giving away royalties. When we deal with the oil business we are dealing with high risk capital and development costs over which the State has no control. We are going into a business we do not know anything about. We can try to estimate what the expenditure and development costs will be and out of that must be paid the 50 per cent carry for the State. The result is that the State has no say over the sale of the oil until its 50 per cent carry has been paid. Our approach would be to protect the taxpayer and get the maximum benefit for him by holding on to the royalties and our taxation system which have not proved objectionable to the industry nor have they been the cause of people not coming in here to drill for oil. I do not know why the Government have approached it in the way they have. I asked many times about all the early morning visits and about the Rolls Royces which were lined up outside of Government Buildings one Friday morning at 9 a.m. Was that visit in vain? Until all this has been teased out no one will be in a position to say.

From a business point of view, when one tries to work out what this means and the Government's position in relation to what is a reasonable return the answer comes out at 10 per cent. When one studies the make-up of that formula it appears to start off from a premise of 20 per cent in one part but it finally turns out, using the 1.85 profitability ratio, at 10 per cent.

Is the Minister saying to the oil industry that 10 per cent constitutes a reasonable return? Does he expect the industry to knock down his door for application forms and spend hundreds of millions of pounds for a miserly 10 per cent? The Government have not been able to keep money in the country. Look at the amount of money which has flowed out through the black hole. If the Minister can confirm that the rate of return will be higher than 10 per cent I would be delighted to hear it. Where did the figure of 1.85 come from? No economist understands where it came from. When one uses the figure of 1.85 and works through the formula the bottom line is 10 per cent. If that is the case then the Minister will not get anywhere.

Unfortunately and regrettably the announcement errs on the side of getting the maximum benefit for the taxpayer. We are left in an uncertain situation where we cannot control our destiny. It appears now that if there are applicants for the third round we will not get any return from them. There cannot be uncertainty in the world of business. People in Houston or Texas do not love Ireland. They do not have to drill in our waters. They will go where they can get a return on their money.

There are people in the public arena today who say that the ninth round from the UK Government was designed for marginal fields only, and that marginal fields only had been discovered since they introduced it. They should get their facts right. Since the ninth round was introduced the new terms are that there is no State carry whatsoever. Corporation tax in England is 35 per cent. There are no royalties either. Fields of 150 million to 300 million barrels have been found over there since the new terms were announced.

An incentive must be given. Uncertainty has to be removed. At the same time the Government do not have to sell the taxpayer down the river in an approach to what I well appreciate is a complex problem. Wherever the Minister got his advisers, they do not live in the real world of commerce and business. If they have an ideological hangup which suggests selling the taxpayer down the river in the situation of a 75 million barrel field to give away £60 million or £70 million straight out of the taxpayers' pocket, so be it and the responsibility is on the Government's head.

The Minister has not convinced me that somewhere in this well disguised operation there is not a benefit to a particular field, ignoring the long-term development of the industry. If the Minister is thinking in terms of early production systems, it has been proven time and time again that early production systems damage the total reserves and do not give the returns that could be got out of any field. This can be seen in the North Sea and in Norway. If that is what the Minister is trying to do, to get, as most members of the Government have been trying to get, a good perception — action does not matter, performance does not matter — that is short-term. You can fool some of the people some of the time, but you cannot fool all of the people all of the time.

Ever since the Lemass Government granted exploration rights in Irish waters to Marathon back in the fifties for a few hundred pounds, the approach of successive Irish Governments, both Fianna Fáil and Coalition, to the whole question of the development of our mineral and oil resources has been characterised by an absence of any coherent policy and an apparently limitless desire to accommodate the demands of the exploration companies.

The new concessions announced for the oil companies, taken in conjunction with the decision in January last to grant even more favourable tax arrangements for companies involved, are just the latest part of the process of capitulation to the multinationals. Whatever formulae are used, it is still capitulation. The Minister is telling the oil companies that he will not impose all the royalties to which this State is entitled, nor will the State take up the 50 per cent State participation, both of which until now were part of the offshore licensing terms. The Minister's statement confirms what the media regarded as the real position.

Every time a promising oil or gas show was discovered, the media spoke with one voice and declared that the State could not possibly afford to take up the 50 per cent stake and that it must make tax and royalty concessions to the oil companies if it wished to see oil produced. Deputy Reynolds quite rightly said we are not an oil producing area at the moment. Now that oil companies have got their way, and have got the concessions for which they have been pressing in the media and elsewhere, we will soon see the oil coming ashore.

In the early seventies, after the discovery of the Navan ore body, the same interests who are now campaigning for improved terms for the oil exploration companies told us that, unless we gave the most favourable terms possible to the mining companies, the ore body would never be developed. We are now paying the price for this. Tara Mines have been developing the Navan ore body since 1978 and contributed not one penny in royalties or taxation to the Irish Exchequer. At the same time, they have been exporting 300,000 tonnes of ore concentrate each year with little if any benefit to the Irish economy.

The new deal for the oil companies has been announced at the end of a very effective public relations campaign by the oil companies to convince public opinion that concessions were necessary if the oil was to be developed. Some sections of the media have been the willing accomplices of the oil companies in this campaign. There is a general welcome among the editorial writers in the morning's papers for the new deal. The Irish Independent believes that it is far more important to err on the generous side.

The generosity is, of course, to be extended to the oil companies and not to the Irish people. This line is not altogether surprising considering that the proprietor of the Irish Independent, Mr. Tony O'Reilly, is up to his very elbows in oil exploration companies.

And in this Government too.

The constant speculation in shares on the Stock Exchange which has accompanied the search for oil in Irish waters has constituted the most ugly and unacceptable face of capitalism. Huge fortunes have been made in speculation in oil shares, but not one drop of oil has been brought ashore. If we measure what has been happening in terms of job creation and the general well-being of our people, the speculators might just as well have been playing poker or backing horses in Punchestown or Cheltenham. The principle is exactly the same. Huge profits are being made with no benefit to our depressed economy.

The interest of the Irish people and the interests of the oil companies are not the same. Whatever oil is there is probably quite small in terms of the overall requirements of the giant multinational oil companies like Chevron. In terms of the annual energy needs of this country it is very substantial. The oil companies have recognised this and are using it to extract every possible concession from the Government. There is no urgency on the part of the oil companies. They are prepared to wait. They want as much profit with as little Government "take" in the form of tax and royalties as possible. It is not in any way in conflict with their interests to delay the development of the Irish fields. Hence their very low key approach to Irish prospects and their attempts to throw cold water on Irish offshore hopes at every possible opportunity.

The whole approach of the Government to the development of oil resources has been flawed. Largely we have had to depend on information supplied by the oil companies themselves as to what exactly is there. There is a strong argument that we should have adopted the approach which the Norwegians adopted who, once it was established that there was oil in their waters, involved themselves much more directly in exploration and brought in the technical expertise from elsewhere. They bought the technical expertise to do the job.

The oil companies are claiming that they have not found oil in commercial quantities in Irish waters, that they are only marginal fields, which is the term used by the Minister. His whole package is designed for the marginal fields. The clear information available in the oil industry is that Gulf Oil, since taken over by Chevron, have found oil in commercial quantities. Significantly they have since taken over what seemed to be the totally useless asset of Whiddy and are developing it for some extraordinary reason. I wonder what it could be. Could it be that they know the oil is there? The information is that the oil they have found is of a very high quality and is contained in a number of small reservoirs rather than in one large field and could relatively easily and cheaply be brought ashore — in shallow waters close to the shore. There is likely to be a whole series of small reservoirs in the 75 million barrel class.

That is precisely what the oil companies are looking for — a special concession for a whole series of these small reservoirs off the Waterford Coast, instead of one large one. Each will fit neatly into the Minister's category of marginal wells in the 75 million barrel class, for which they will get the concession of royalties. One-third, 25 million barrels, can be taken in without paying any royalties. We say that, like the Norwegians, the State itself should be in the more promising locations, sometimes located in blocks not yet taken up, but which are beside blocks where promising shows have been located by drilling. This has been the procedure of the Norwegians and has given them enormous information on and control over the oil companies, and enormous independence. The Norwegians are not some huge country with which we could not possibly compete. They are precisely the same as ourselves, with about four and a half million population. However, they have a strong and determined Government and are prepared to fight the multinationals.

The Minister who has negotiated this new arrangement is the leader of the Labour Party. I wonder does he speak for that party in this matter? The Irish Times of 30 May 1984 under a heading “Cluskey calls for tough line on oil” reported that the Tánaiste's predecessor as Labour Party Leader said that “the suggestion by Atlantic Resources that, in return for bringing oil ashore at an early date the Government should renegotiate the existing licence terms, should be resisted at all costs”.

He later said: "We should not be under any illusions about all this. Any revision of the terms currently obtaining will benefit the oil companies, and will disadvantage us".

The terms have now, in effect, been renegotiated to the oil companies' favour twice in the last six months. Given the record of this Government, it is not likely to be the last time. This is an outrageous deal, a capitulation and sell-out to Chevron and the Seven Sisters. The Minister is again giving away our natural resources free, as previous Ministers did with our mineral resources.

May I make a contribution?

No, I am sorry, Deputy. Under Standing Order No. 38 the contributions are confined to the Member of the Government who makes the statement and to Members of parties in Opposition. I have no option, Deputy.

It is regrettable that I have to sit here to listen to another Deputy quote what I think. This whole question——

I am sorry, Deputy Cluskey. We had this thrashed out here when another Deputy wanted to speak on another occasion. It simply cannot be allowed, I am sorry. The Deputy will, of course, find another opportunity, I am sure.

I shall indeed, but at another venue.

I call item 10, Deputy Haughey.

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