Only 9% of people want UK to stick with fossil fuel treaty
Date: 4 November 2022
Campaigns: Climate, Trade
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New polling reveals that just 9% of the UK public wants the government to stick with the controversial Energy Charter Treaty, which France, the Netherlands & others are quitting
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Two-thirds of the UK public agree it is a problem if the Energy Charter Treaty clashes with climate goals
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Campaigners call on Energy Secretary, Grant Shapps, to exit the Energy Charter Treaty
New polling reveals that just 9% of the public wants the UK to stay in a treaty that is being used by fossil fuel companies to sue governments over climate policies.
Fossil fuel companies are using the Energy Charter Treaty (ECT), an international agreement between fifty countries, which allows companies to sue in secretive tribunals outside of the national legal system when the company believes its profits could be affected by government policies or parliamentary decisions. It uses a system known as investor-state dispute settlement or ISDS.
The member countries of the ECT are currently deciding whether to stay in a treaty with some minor reforms or to leave. The decision point is approaching the end of November.
In recent weeks, an increasing number of countries have announced that they will leave, many saying this is because the treaty is incompatible with climate goals. France, Spain, the Netherlands and Poland have all said they are definitely leaving. Germany is said to be preparing to withdraw but has not yet made a formal announcement. Further countries are expected to follow suit.
The UK government has so far not commented on these withdrawal announcements, but exclusive polling today has revealed that only 9% of the UK public wants the government to stick with the controversial fossil fuel treaty. Six times as many people believe we should exit the ECT than stay.
The polling also found that two-thirds (67%) of the UK public agreed it is a problem if the Energy Charter Treaty clashes with climate goals and two-thirds (65%) of the UK public agree that it is a problem if the Energy Charter Treaty clashes with government policies or parliamentary decisions.
The new polling commissioned by Global Justice Now and conducted by Yonder Consulting reveals that:
- Only 9% of the UK public answered ‘no’ when asked whether the UK should leave the ECT.
- 57% thought the UK should leave the ECT (and 33% didn’t know).
- 67% of those who had heard of the ECT before the poll thought the UK should leave (and 17% didn’t know).
- Two-thirds (67%) of the UK public agree it is a problem if the Energy Charter Treaty clashes with climate goals.
- Two-thirds (65%) of the UK public agree it is a problem if the Energy Charter Treaty clashes with government policies or parliamentary decisions.
Jean Blaylock, trade campaigner at Global Justice Now said:
“People in the UK can see that the Energy Charter Treaty is climate-wrecking. The governments of France, Spain, the Netherlands and others can see it too, and they’re taking action to protect their future by exiting the ECT now.
As our new energy and climate minister, Grant Shapps, takes office, he needs to get in gear and join the rush for the exit. Fossil fuel companies cannot be allowed to hold climate goals to ransom for another ten years.”
Leah Sullivan, trade campaigner at War on Want said:
“The UK must leave the ECT. There is no excuse for handing these immense powers to fossil fuel corporations, and more countries are waking up to this. The ECT further enriches fossil fuel corporations who are already making record-breaking profits, at taxpayers expense. People know this, and the government must act now.”
Notes to editors
Poll of 2078 UK adults, online fieldwork between the 26th and 27th of October 2022. Conducted by Yonder Consulting on behalf of Global Justice Now. Results are weighted to be nationally representative in terms of age, gender and region.
Campaigners will be handing in a petition on the ECT and protesting with street theatre outside of the Department for Business, Energy and Industrial Strategy (BEIS), 1 Victoria Street, SW1H 0ET on Friday 4 November at 17:00-18:00.
The Energy Charter Treaty is being used by:
- RWE and Uniper to sue the Netherlands over coal phase-out for €1.4bn and €900m respectively
- UK firm Rockhopper which won £210m in August from Italy over a ban on offshore oil drilling
- UK firm Ascent Resources to sue Slovenia over a ban on fracking
The huge amounts involved can have a ‘chilling effect’ on government policy. UN climate scientists have warned (p14-81) that the Energy Charter Treaty could be used to block the transition from fossil fuels to cleaner forms of energy.
The proposals to reform the ECT would maintain protection for oil and gas companies for another ten years, allowing them to continue to sue. This decade is crucial for an energy transition. France, the Netherlands and Spain have all explicitly cited the failure of the reform to align the ECT with climate goals as a reason for leaving.
The countries leaving the treaty are discussing coordinating their withdrawal so as to limit the ‘sunset clause’ contained in the treaty so that they cannot be sued on the way out by companies based in each other’s countries.
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Photo: Andrea Domeniconi