Fossil Free Kirklees: Briefing for councillors The Fossil Free Kirklees campaign is calling upon Kirklees Council and the wider West Yorkshire Pension Fund to show climate leadership and financial prudence by going Fossil Free and severing all financial links with the fossil fuel industry. The campaign is supported locally by Holmfirth Transition Town, Huddersfield Friends of the Earth, Kirklees Campaign against Climate Change, Marsden and Slaithwaite Transition Towns and Huddersfield Quaker Meeting and already has 275+ petition signatories. The fossil fuel divestment campaign has been named the fastest-growing divestment movement in history. Around 200 institutions globally, with a combined asset size of over $50 billion, have already committed to divest, including the Rockefeller Brothers Foundation, the British Medical Association, and the Church of England. In the UK, Oxford and Bristol city councils have agreed to divestment and, earlier this year, Warwick University became the fourth UK university to commit to fully divesting. Why Fossil Free? Research undertaken by the Carbon Tracker Initiative [1], has found that there are already five times more fossil fuel reserves than can be burnt if internationally agreed carbon emissions targets are to be met. In other words, 80% of known fossil fuel reserves need to stay in the ground to prevent catastrophic temperature rises. Our futures depend on investing in clean not dirty energy and we believe that it does not makes good financial or ethical sense for our local council and pension fund to be investing in companies which are trying to extract even more unburnable oil, coal and gas. 1 What this means in practice At present, Kirklees Council's £33 million of Surplus Treasury funds are not directly linked to the fossil fuel industry and so it would be easy for Kirklees Council to commit to be 'Fossil Free', as Oxford and Bristol city councils have already done. The West Yorkshire Pension Fund does have significant fossil fuel investments [over 5% of WYPF's investments are in fossil fuel companies, including £207 million invested in BP and £171 million invested in Royal Dutch Shell] and so Kirklees Council would need to work with fellow councils within the West Yorkshire Pension Fund to freeze and withdraw those investments. To go Fossil Free, investments need to be screened against the Carbon Underground 200 - the top 200 companies with the largest known carbon reserves (oil, gas and coal). A divestment commitment is a principled commitment to wind down exposure to the Carbon Underground top 200 fossil fuel companies over a 5 year period. As the Council has no direct fossil fuel investments, going Fossil Free will have no impact on council finances. In terms of the WYPF investments, recent academic research has shown that going Fossil Free is unlikely to be financially detrimental in the short and medium term and in the long term will be beneficial as removes the financial risk posed by the 'carbon bubble'. * The financial case A wide body of evidence has recently come to light which shows that fossil fuel equities pose significant financial risks. As governments control carbon emissions to meet these targets a large proportion of fossil-fuel reserves which companies expect to extract will become stranded assets: a “carbon bubble”. Funds which are exposed to fossil-fuel equities when this bubble bursts can expect to suffer considerable losses. Paul Fisher, Deputy Head of the Prudential Regulation Authority at Bank of England said in March 2015: “As the world increasingly limits carbon emissions, and moves to alternative energy sources, investments in fossil fuels – a growing financial market in recent decades – may take a huge hit.” [2] Fisher's comments were made as the Bank of England was investigating the carbon bubble as a contribution to a forthcoming DEFRA study. Later in March the Governor of the Bank of England, Mark Carney expressed concern over climate risk.[3] 2 Fiduciary duty Pension Fund Trustees owe fiduciary duties to scheme employers and scheme members, and must act in the best long-term interests of fund members. The position of fiduciary and public law duties in relation to investment (and divestment) decisions taking account of environmental risks and other environmental, social and governance (ESG) issues has been clarified in recent years. In March 2014 the Local Government Association (LGA) (England & Wales) published a legal opinion on how fiduciary duties affected the scope for an LGPS fund to incorporate ESG risks into their decision making, concluding that as long as authority's powers are used only for investment purposes “the precise choice of investment may be influenced by wider social, ethical or environmental considerations, so long as that that does not risk material financial detriment to the fund.”[4 ] A wider review of fiduciary duties was produced by the Law Commission (England & Wales) who stated that “the primary aim of an investment strategy is therefore to secure the best realistic return over the long term, given the need to control for risks. Financial risks to take into consideration included “environmental degradation”, “poor safety record”, and “risks to a company's long-term sustainability.” “The Law Commission's conclusion is that there is no impediment to trustees taking account of environmental, social or governance factors where there are or may be, financially material.”[5] Climate Change As a public body, Kirklees Council has a responsibility to work for the public good and should not be financially and politically supporting the most destructive industry on the planet. Kirklees Council has already shown great leadership in tackling climate change with its commitments to renewable solar energy and energy efficiency measures. In 2014 Kirklees Council supported the Tipping Point Declaration motion, which stated, among other things, that : "urgent action is required to avoid an increase in global temperatures that will permanently and negatively affect many aspects of day-to-day life across the globe including here in the UK and in Kirklees". Supporting Fossil Free divestment within Kirklees Council and the West Yorkshire Pension Fund are two ways that Kirklees can maintain its climate leadership and take the action we so urgently need. More information: fossilfreekirklees.wordpress.com/ 3 Fossil Free Kirklees petition: https://campaigns.gofossilfree.org/petitions/divest-from-fossil-fuels-55 West Yorkshire Pension Fund petition: https://campaigns.gofossilfree.org/petitions/divest-west-yorkshire-pension-fundfrom-fossil-fuel-investments References * Demystifying Responsible Investment Performance, UNEPFI and Mercer, (http://www.unepfi.org/fileadmin/documents/Demystifying_Responsible_Investment_Performance_01.pdf ) Beyond Fossil Fuels: The Investment Case for Fossil Fuel Divestment, Impax Asset Management, (http://www.impaxam.com/media-centre/white-papers/beyond-fossil-fuels-investment-case-fossil-fueldivestment ) MSCI ESG Research, Responding to the Call for Fossil-fuel Free Portfolios, (http://www.msci.com/resources/factsheets/MSCI_ESG_Research_FAQ_on_Fossil-Free_Investing.pdf ) [1] http://www.carbontracker.org/wp-content/uploads/2014/09/Unburnable-Carbon-Full-rev2-1.pdf [2] 'Bank of England warns of financial risk from fossil-fuel investments', The Guardian, 3 March 2015. Source: http://www.theguardian.com/environment/2015/mar/03/bank-of-england-warns-of-financial-risk-fromfossil-fuelinvestments [3] 'Mark Carney defends Bank of England over climate change study', The Guardian, 10 March 2015. Source: http://www.theguardian.com/environment/2015/mar/10/mark-carney-defends-bank-of-england-climatechangestudy [4] 'In the matter of the Local Government Association and in the matter of administering authorities under the local government pension scheme; Opinion', p. 2, Nigel Giffin QC, 11 King’s Bench Walk, Temple, London, Commissioned by the Local Government Association. [5] 'Is it always about the money? Pension Trustees' duties when setting an investment strategy: guidance from the Law Commission', The Law Commission, 1 July 2014. 4