New gas licence in conflict with Tynwald and last week’s landmark human rights case

On Tuesday 09 April 2024, Minister for Infrastructure, Minister Crookall MHK replied (copy HERE) to the Green Party’s letter of 06 February 2024 (copy HERE).

In our letter to the Minister we had indicated that a proposed variation to Crogga’s gas exploration licence appeared so extreme (changing the contract to go straight to drilling, ignoring the requirement for a 3D seismic survey) that it could only properly be described as a new licence.  A decision to issue a new licence would be in conflict with the resolution of Tynwald of 20 July 2022, that there would be no new licences for the extraction of hydrocarbons in the Isle of Man seabed.

In his brief response, the Minister’s letter indicates that he does not agree with our concerns on the grounds that Crogga has asked for a variation and not a new licence.  

The Root of the Licence

However, whilst the Minister may not wish to grant a new licence to Crogga in conflict with the resolved will of Tynwald, the nub of the matter appears to be that if the change to the licence is so significant, going to the very root of the agreement, a new licence will have been issued. 

We have replied to the Minister by letter dated 15 April 2024 (see HERE) requesting an explanation that in circumstances where the proposal to go straight to drilling is apparently in direct conflict with industry best practice, how and why he could conclude it is not a change that goes to the very root of the agreement with Crogga. 

Human Rights

In addition to the apparent conflict with the resolved will of Tynwald not to issue new exploration licences, the very day the Green Party received the Minister’s letter response, the European Court of Human Rights handed down its landmark judgement on human rights and climate change in KlimaSeniorinnen v Switzerland Application no. 53600/20.

The KlimaSeniorinnen judgement makes it patently clear that parties to the European Convention on Human Rights are under an obligation to take action on climate change for the “substantial and progressive reduction” in greenhouse gas emissions.  The Isle of Man has been a party to the Convention since 1953 and it has had domestic effect in Isle of Man law under the Isle of Man’s Human Rights Act 2001 since 2006.

We have asked the Minister to explain to us how and why a decision now to issue a new licence to Crogga to pursue drilling before industry best practice surveys are conducted, could be compliant with the Department of Infrastructure’s human rights obligations and duties. 

In a year set to be the hottest year on record for the Isle of Man, with current extreme rainfall and storm weather having a drastic impact on farming and transport on / off the island, the Green Party will publish any response received from the Minister on our website at www.greenparty.im.