Question reference: S6W-23296
- Date lodged: 7 December 2023
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Current status: Answered by Gillian Martin on 18 December 2023
Question
To ask the Scottish Government what recent correspondence it has had with the UK Government regarding the possibility of the UK joining the EU in a coordinated withdrawal from the Energy Charter Treaty (ECT), and any impact that the UK’s continued ECT membership has on Scotland’s climate ambitions, following the Energy Charter Conference on 20 November 2023.
Answer
The Scottish Government is in regular contact with the UK Government’s Department for Energy Security and Net Zero about the Energy Charter Treaty (ECT).
Following the ECT Annual Conference on 20 November 2023, Scottish Government officials contacted the UK Government, seeking an update on their review of UK membership of the ECT. Subsequently, the UK Government has confirmed publicly that it is continuing to review the UK’s membership, and to consider stakeholder views.
The Scottish Government shares many of the concerns raised by experts, such as the Intergovernmental Panel on Climate Change and the Climate Change Committee, about ECT membership and sees merit in calls for the UK to withdraw. Our position, as set out in our Vision for Trade, is that no part of a trade or investment agreement should limit the ability of the Scottish Parliament to regulate in devolved areas, or constrain much needed action to achieve our net zero goals.
We therefore remain concerned at the lack of a decision on this issue and the prospect of Scotland continuing to remain subject to the provisions of an unreformed Treaty, through the UK’s continued membership.