This privileging of corporate interests over democracy is only going to get worse. The Transatlantic Trade and Investment Partnership – a treaty being hammered out between the EU and the US with woefully little scrutiny – could grant companies the same legal rights as nation states, enabling them to sue elected governments in secret courts to block policies that dent future profits. And sure enough – using a similar treaty – Philip Morris sued the Australian government for the same policy. It used the same tactic against Uruguay’s government for enlarging health warnings on cigarette packages.
This legal action should be treated as a test. Do we allow major corporations – not least those profiting from human misery – to have more rights in law than people? And indeed, this could be overreach. If Big Tobacco succeeds in wrenching £11bn worth of taxpayers’ money from schools and hospitals, they may find public anger – and demands for retribution – rather hard to ignore.