Small-scale Fracking Ban Debate
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Main Page: Alison Hume (Labour - Scarborough and Whitby)Department Debates - View all Alison Hume's debates with the Department for Business and Trade
(1 day, 22 hours ago)
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I now call Alison Hume to move the motion and I shall then call the Minister to respond. I have been given no notice of any other speeches with prior permission, so no other Member will be permitted to participate other than through an intervention. There will not be an opportunity for the Member in charge to wind up, as is the convention in 30-minute debates.
Alison Hume (Scarborough and Whitby) (Lab)
I beg to move,
That this House has considered the potential merits of banning small-scale fracking operation.
It is a pleasure to serve under your chairship, Sir Roger. It is also a pleasure to lead a debate on banning small-scale fracking—an issue that I have campaigned on since I was elected MP for Scarborough and Whitby. It has huge local, national and international significance.
The issue of small-scale fracking first came to my attention when Europa Oil & Gas applied to explore for gas at Burniston, just outside the picturesque North York Moors. The plans, published in full in March, include erecting a 38-metre-high drilling rig and proposals to carry out small-scale hydraulic fracturing, which Europa calls “proppant squeeze”. The planning application is due to be heard by North Yorkshire council’s strategic planning committee imminently, making this debate extremely timely.
Mr Luke Charters (York Outer) (Lab)
I thank my hon. Friend for securing this debate. Like her, I have fought against fracking for years, but Reform UK wants to drill into our beautiful countryside in York Outer, destroying towns and villages and allowing house prices to plummet in the process. They want to drill into and vandalise our beautiful York and North Yorkshire countryside. Does my hon. Friend agree that Reform poses a danger, that it would totally ruin York Outer and Scarborough and Whitby, and that it must be stopped?
Alison Hume
I completely agree with my hon. Friend that Reform’s plans are a threat to our beautiful countryside, and our constituents do not want them.
Europa’s plans have been widely opposed by the local community. In response, campaigners launched a petition that has garnered more than 10,000 signatories calling for a Government ban on small-scale fracking. Fracking—short for “hydraulic fracturing”—is the process of injecting fluid at high pressure into an underground rock formation to release the gas or oil inside.
I commend the hon. Lady for securing this debate. The Government must commit to ensuring that local people have the final say. In terms of buying property or businesses in a certain area, fracking should be unable to go ahead without the say-so of the entire local community and the Government must abide by that decision. Does the hon. Lady agree?
Alison Hume
I completely agree with the hon. Member. We must listen to our local communities, who are telling us loud and clear that they do not want fracking on their back door, in their beautiful fields or in the countryside.
Since 2019, there has been a moratorium on fracking across the UK—a decision taken after Lancashire was rocked by an earthquake caused by fracking operations at Preston New Road. However, not all forms of fracking are currently covered by the moratorium. The Petroleum Act 1998 uses a fluid-based definition for fracking. Section 4B(1)(b) describes it as
“the injection of…more than 1,000 cubic metres of fluid at each stage, or expected stage, of the hydraulic fracturing, or…more than 10,000 cubic metres of fluid in total.”
The volume of liquid proposed for the Burniston site is under that threshold, so despite the intent of the plans being exactly the same—to explore for and to extract gas by injecting a substance into the rock at pressure to cause it to fracture—the current legislation actually allows Europa to do exactly what the moratorium should be there to block. It is clear that the volume-based definition has created a legal loophole for oil and gas companies to evade the Government’s ban on fracking and proceed to do so under a different name—in this case, “proppant squeeze”.
The Burniston application is not the first time that planning permission has been sought in England for proppant squeeze. Between 2016 and 2019, Egdon Resources applied several times and was eventually granted planning permission for a proppant squeeze in north Lincolnshire, with a hydraulic fracture plan approved in May 2021. In November 2024 another company, Rathlin Energy, also applied to the Environment Agency for permission to carry out similar work at West Newton, an oil and gas site in East Yorkshire.
There is no evidence that the volume of fluid used can accurately determine the risk of seismic events. However, the volume of fluid proposed for use at the Burniston site in my constituency surpasses the highest daily fluid amount in the week leading up to the 2019 earthquake that triggered the existing moratorium. Seismologists have warned that our country’s geology responds unpredictably to even small injections, under- scoring that any fracking has risk, regardless of fluid volume.
John Whitby (Derbyshire Dales) (Lab)
Parts of Derbyshire are threatened by fracking because they fall within the Bowland-Hodder basin. We have a complex limestone geography, historical mine workings and natural cave systems. Fracking could undermine sub-surface stability and cause earthquakes, as it has elsewhere. Reform is promising to end the moratorium on fracking. That threatens the character of our natural landscapes and would further pollute our rivers. The last time I looked, we were in the middle of a climate emergency and the last thing that we need is more fossil fuels. Does my hon. Friend agree that a national ban on all types of fracking is the only way to protect our landscapes and environment?
Order. I will place this on the record: Mr Speaker deprecates prepared interventions. Interventions are supposed to be a comment on what is being said at the time. I understand that even Members from areas as far from Yorkshire and Derbyshire as Northern Ireland have constituency interests in this topic, but what you say really must relate to the debate.
Alison Hume
Thank you, Sir Roger. I appreciate your advice. I thank my hon. Friend the Member for Derbyshire Dales (John Whitby) for his intervention; he makes a good point that our English countryside, wherever it is, needs to be protected. The only way to do that is to ban all forms of fracking.
A 2020 summary of the findings of studies commissioned by what was then the Oil and Gas Authority into seismicity resulting from the operations at Preston New Road emphasised that
“it is not yet possible to accurately predict the seismic response to hydraulic fracturing, if any, in relation to variables such as site characteristics, fluid volume, rate or pressure. Where induced seismicity has occurred, mitigation measures have shown only limited success, and there can only be low confidence in their effectiveness currently.”
In other words, all forms of fracking carry significant risk in relation to seismicity, irrelevant of the volume of liquid proposed.
Other environmental concerns with fracking remain; they are exactly the same for proppant squeeze: potential groundwater contamination from methane migration or the chemicals in frack fluid, methane leaks, flaring and air pollution. Of course, as hon. Members have already drawn attention to, fracking at any volume also leads to more greenhouse gas emissions, which contribute to climate change. Clearly, the regulatory loopholes around fluid volume are arbitrary and unhelpful. Proppant squeeze carries the same intent and the same risks as higher-volume fracking. It is fracking in all but name.
It is the legal opinion of Estelle Dehon KC that the wording of the Petroleum Act 1998 should be changed to include proppant squeeze. She writes that the current definition has
“caused confusion and proved difficult to apply”,
and instead suggests adopting “a simple, broad definition”, which
“avoids imposing unscientific volume or rock-formation-based criteria, and thus captures both high and low volume hydraulic fracturing”.
Ms Dehon highlights that many jurisdictions have adopted a broad approach, particularly countries in Europe and Latin America, and multiple US states, where fracking and extractive industries are significant. In her view, and mine, that shows that such a definition is workable. Given the arguments presented today, could the Minister confirm that he will review the current definition of fracking to include those applications for lower volumes of fluid?
At the Labour party conference this year, I was thrilled to hear the Secretary of State confirm that he wanted to legislate at the earliest opportunity to ban fracking for shale gas permanently in England. I was glad to see on 26 November the Government bringing forward new measures in the North sea future plan to implement our manifesto commitments to manage existing oil and gas fields for their lifespans, and not to issue new licences to explore new fields. That is welcome news from a Labour Government committed to showing global climate leadership.
However, I would argue that the proposed ban on fracking is not permanent and does not go far enough. There remain a total of 66 oil and gas licences in England, many of them unused. Under current plans, oil and gas companies will continue to apply for planning permission where there are existing licences and, with the loophole in place enabling companies to propose fracking projects at smaller fluid volumes, they may be able to carry out the exact operations that the Government are attempting to outlaw.
As I have laid out today, if the Government want to ban fracking, they must be comprehensive and must amend the definition of fracking to include smaller-scale volumes of fracking. They must also deal with the issue of existing licences by introducing a ban on granting planning permission for fracking.
Mr Charters
My hon. Friend is making an excellent speech. On these planning applications, we must incorporate the fact that fracking leads to water scarcity—and our region has had a hosepipe ban that has only recently been lifted. Would my hon. Friend agree that, when it comes to these planning applications, we must understand the impacts on water scarcity?
Alison Hume
I thank my hon. Friend for his excellent intervention. Indeed, the hosepipe ban in Yorkshire has brought to everybody’s attention that our water is precious and must not be contaminated by any form of fracking.
There are various ways that the Government could amend legislation to prevent oil and gas companies from applying for new permission to frack. If I may, there are two main changes that I would like the Minister to consider. First, we could consider revoking the current provisions in the Petroleum Act 1998 and the Infrastructure Act 2015 and replacing them with a flat prohibition either on the grant of any licences permitting fracking or on any person carrying out fracking. Secondly, might he consider amending the Town and Country Planning Act 1990 to include a general ban, ensuring that no application for planning permission that uses the technique of fracking may be granted by a local planning authority or by the Secretary of State?
More broadly, this Government are committed to restoring the UK’s position as a global leader when it comes to climate action; among various pledges, we have committed to reducing greenhouse gas emissions and to achieving net zero by 2050. Banning all fracking operations to prevent damaging greenhouse gas emissions would ensure that this policy is in line with our climate commitments. Would the Minister consider introducing a comprehensive ban on fracking so that Government policy fully reflects those obligations?
When it comes to fracking, the case is clear: so-called small-scale fracking, or proppant squeeze, is no different in intent or risk than larger-scale operations; it can lead to earthquakes and environmental damage, and contributes to climate change. The loopholes that exist in current legislation are arbitrary, unscientific, and undermine both the Government’s moratorium and any future ban on fracking.
The moratorium signalled a fundamental change in the UK, shifting focus on to energy alternatives; a total ban will encourage investment in renewable energy, promote green jobs and reinforce public trust in the Government’s green growth mission. If this Government want our legislation to be clear and consistent, and want to safeguard the national environment, listen to the concerns in all our communities and meet our climate commitments, they must introduce a comprehensive ban on fracking based on intent and process, and which disregards fluid volumes.
Today, I urge the Minister to act to ban all fracking and I call on the Government to close the loopholes in the Petroleum Act 1998 by changing the definition of fracking to include small-scale fracking and to amend legislation to prevent new planning applications under existing licences. By introducing those changes, this Government can demonstrate deeds, not words on their commitment to a total ban on fracking, and we can ensure that policy is truly aligned to our climate obligations. I thank those hon. Members who have contributed to the debate, and look forward to the Minister’s comments.