Thursday 27 October 2022

Shell pays no UK windfall tax despite profits jump

BBC

By Michael Race

Business reporter, BBC News 


Shell garage workerIMAGE SOURCE, GETTY IMAGES

Shell has reported its second highest quarterly profit on record but it has not paid the UK's windfall tax on energy firms.

The energy giant said global profits reached $9.5bn (£8.2bn) between July and September, compared to $4.2bn during the same period last year.

However, Shell said that because it had made large investments in the UK, it meant it had made no profit here.

It also does not expect to start paying windfall taxes until early next year.

The Energy Price Levy - or windfall tax - on the profits of energy firms was announced by the then chancellor Rishi Sunak in May who said at the time that it would raise £5bn in its first year. 

Oil and gas prices were rising following the end of Covid lockdowns but have since surged following Russia's invasion Ukraine in February, which has resulted in bumper profits for energy companies. 

It has also fuelled energy bills for both households and businesses. The government is limiting gas and electricity bills through the Energy Price Guarantee scheme but instead of lasting for two years as originally planned, it will now end in April. 

There have been warnings typical household gas and electric costs could reach more than £4,300 when support is scaled back.

'Fair share'

Ed Miliband, Labour's shadow climate change secretary, said the current windfall tax on energy firms was flawed and "would see billions of pounds of taxpayer money go back into the pockets of oil and gas giants through ludicrous tax breaks".

Shell's profits were "further proof" the UK needed a higher windfall tax to make sure energy companies "pay their fair share", he said.

The Liberal Democrats, Green Party and campaigners also criticised the current policy.

But cabinet minister Nadhim Zahawi defended the windfall tax, telling the BBC's Today programme Shell and other energy giants already pay high taxes.

He added that the existing levy was introduced in a "very smart way" because it incentivised investment: "We need them to invest in the North Sea assets to grow our production."

Shell tankerIMAGE SOURCE, 
GETTY IMAGES

A windfall tax is a one-off levy that targets companies who benefit from something they were not responsible for, in this case a sharp rise in oil prices. 

The 25% tax is applied only to UK profits which, for most oil and gas companies, is a small part of their operations.

Oil and gas firms operating in the North Sea are taxed differently to other firms. They pay 30% corporation tax on their profits as well as a supplementary 10% rate. On top of that, they pay the windfall tax taking their total tax rate to 65%. 

However, firms have been able to reduce the amount of tax they pay by factoring in losses or spending on things like decommissioning North Sea oil platforms. It means that in recent years, the likes of BP and Shell have paid almost no tax in the UK.

The Energy Profits Levy also has a measure that allows energy companies to apply for tax savings worth 91p of every £1 invested in fossil fuel extraction in the UK.

Downing Street said that any changes to the windfall tax would be a matter for Chancellor Jeremy Hunt's autumn statement.

The prime minister's official spokesman said "no options" were off the table given the country's economic circumstances. 

The Treasury has been contacted for comment.

Shell said it made investments worth $400m in the UK during its third quarter. The firm's finance chief Sinead Gorman said on Thursday: "We simply are investing more heavily than we have, and therefore we don't have profits which we can be taxed against."

Shell chief executive Ben van Beurden said the company was "working closely" with governments and customers to "address their short and long-term energy needs".

'Obscene' 

Mr van Beurden previously said taxes on firms within the oil and gas industry were "inevitable" to help the poorest people. He said energy markets could not behave in a way that "damage a significant part of society".

But Frances O'Grady, general secretary of the TUC union, said Shell's profits were "obscene - especially at a time when millions are struggling with soaring bills". 

"The government has run out of excuses," she said. "It must impose a higher windfall tax on oil and gas companies. The likes of Shell are treating families like cash machines."

So far this year, Shell has reported profits of $30bn which is more than double the amount it made over the first nine months of 2021. The company plans to reward its shareholders with a 15% increase in its regular dividend and is on track this year to beat its record annual profit of $31bn in 2008.

Stuart Lamont, an investment manager at RBC Brewin Dolphin, said the higher pay-out from Shell to its shareholders "may well raise a few eyebrows" at a time when UK households are facing surging energy bills.

'Gold mine'

Jonathan Gant, a fossil fuels campaigner at Global Witness, said oil and gas companies were the architects and beneficiaries of a "broken energy system".

He said it was "blindingly obvious" that energy firms were sitting on an "untapped gold mine".

"It's time to stop punishing people for a system they didn't create and take the money this country desperately needs from the immense profits Shell and other energy companies are enjoying."

Nathan Piper, an oil and gas analyst at Investec, said fears of recession in many countries had led to oil prices dropping globally. Gas prices in the UK have also dropped sharply due to a lack of gas storage space and unseasonably mild October weather. 

However, Mr Piper told the BBC the drop was "likely to be short-lived ahead of colder winter weather and associated increases in gas demand for heating".

Sudan: 'No-one to intervene' for woman sentenced to stoning

BBC Afrika

By Megha Mohan

Gender and Identity reporter 

Sudanese woman carrying waterIMAGE SOURCE, 
GETTY IMAGES

Efforts to prevent a young Sudanese woman being stoned to death, after she was convicted of adultery, are being hindered by the absence of government ministers in the country.

Sudan has been run by a military junta since a coup one year ago.

Campaigners say the 20-year-old didn't get a fair trial and should be freed.

A government official agreed that the trial was "a joke" but added: "We don't have a minister who can intervene to demand her release."

The young woman, who separated from her husband in 2020 and went to live with her family, was accused of adultery by her husband a year later. She was found guilty in June 2022 by a court in the city of Kosti, in Sudan's White Nile state.

Her appeal against the conviction has now been heard and the court's judgement is awaited.

Sulaima Ishaq, who heads the Violence Against Women Unit at the Ministry of Social Development, told the BBC that she had been telling officials in the capital, Khartoum, that the trial was flawed, but that the lack of government ministers made it hard to get her point across.

Human rights groups say the woman, whom the BBC is not naming at the family's request, was not given access to a lawyer while in custody and was not aware of the charges against her.

"We have grounds to believe she was illegally forced into signing a confession by the police," says Mossaad Mohamed Ali, executive director of the African Centre for Justice and Peace Studies (ACJPS).

The woman's lawyer, Intisar Abdala, told the BBC she hoped that following the appeal, the court would now "do the right thing" and release her client.

Girl holding poster saying: Where is the punishmentIMAGE SOURCE, 
SIHA
Image caption, 
Protesters in Khartoum with posters saying "Stoning is torture, but where is the punishment?"

Sudan still imposes the death penalty for some hudud crimes - offences specified by Allah in the Quran, including theft and adultery. In Sudanese law they carry penalties such as flogging, the amputation of hands and feet, hanging and stoning.

A government promise in 2015 to withdraw death by stoning as a form of punishment was never acted on, human rights groups say.

"Even the most conservative politicians are against stoning," Sulaima Ishaq told the BBC. "But things take a lot of time to change here and then feed through to the courts, and women are the ones who suffer."

Hala Al-Karib, regional director for the Strategic Initiative for Women in the Horn of Africa (Siha), said that Sudan's adultery laws were "disproportionately applied to women".

The last person known by campaigners to have been sentenced to death by stoning on an adultery charge was a young woman called Intisar El Sherif Abdalla. She and her four-month-old baby were released in 2012 following a campaign by Siha and Amnesty International. But Ms Al-Karib said there could have been other cases that had gone unnoticed.

"Feminists and human rights groups in the country have minimal resources and there could well be hundreds of cases we are not aware of."

Street protests followed the coup of October 2021IMAGE SOURCE, 
GETTY IMAGES
Image caption, 
Street protests followed the coup of October 2021

Under the transitional government that took charge in Sudan after the uprising against President Omar al-Bashir in 2019, a "public order" law that controlled how women acted and dressed in public was repealed. However, Sudanese journalist Zeinab Mohammed Salih has reported that the "morality police" who used to patrol the streets and enforce this law have returned following a coup one year ago.

There are also reports that Bashir loyalists have been re-hired by the ruling junta that came to power after the coup.

"We were hopeful that Sudan's transitional government would establish changes to Sudan's legal framework, which continues to openly criminalise women and girls and contribute to their subordination and inequality," said Hala Al-Kirab. "But we were naive."

In 2021, Sudan also became a signatory to the UN Convention against Torture.

"Under the Convention, torture is defined as causing a person intentional and intense suffering," said Mossaad Mohamed Ali of the ACJPS. "Stoning is one of the worst forms of torture."

International and local NGOs calling for the woman's release have also described the sentence of stoning as "cruel, inhuman and degrading".

Lawyer Intisar Abdala is the only person who has been allowed to visit the 20-year-old, who has been held for months in a women's prison in White Nile State. 

"The young woman is in alright physical health but she is understandably very anxious. There's not much more I can say as a woman lawyer who lives and works to help other women in a conservative region like Kosti," she said.

She added that the young woman was an "ordinary and simple country girl from a very traditional, and religious, farming family" and that her parents had not abandoned her.

"We are awaiting a judgement from the court of appeal but nobody can tell when that will come. Waiting is our only option."

Those campaigning for the woman's release say they would welcome international pressure.

"We are concerned that the appeal court will not rule in the young woman's favour. We save women from these laws when the international community raises its voice and adds pressure on the Sudanese government, and that must happen again in this case," said Hala Al-Karib.

"This may be a shocking ruling globally, but doesn't come as a shock to us."

The BBC approached Kosti criminal court for comment, but has not received a reply.

It was not possible to ask the Justice Minister for an official response because the post is unfilled.

A spokesman for Sudan's embassy in London said: "We are fully aware of this case and as far as we know, this is not the court's final decision. We have contacted the justice authorities in Sudan in this regard, and we are awaiting their response."