Climate Action and Low Carbon Development Bill 2015
Second Stage Speech – Dáil Éireann 11th February 2015
Introduction
I move: "That the Bill be now read a Second Time."
Climate change is, rightly, gaining increasing recognition as
one of the greatest challenges to face humankind. Its effects
respect no national boundaries. The consequences are felt
globally and can only be addressed on an international scale
and Ireland has been and remains a highly active participant in
the processes at both EU and UN level. This creates its own
challenges for Ireland and not least with respect to tackling the
need to radically reshape our economy over the next generation
and beyond. For that reason, Ireland, as part of the European
Union (EU), has been playing its part under the auspices of the
United Nations Framework Convention on Climate Change
(UNFCCC) in addressing greenhouse gas emissions for which
it is responsible.
In this regard, the EU’s so-called Effort Sharing Decision of
2009 sets down national mitigation targets for the period 2013
to 2020, inclusive. These national targets mirror, by design,
what is required under the UNFCCC in the second Kyoto
commitment period.
Of course, setting mitigation targets is one thing; achieving
them is another. This is all the more important as the EU’s
agenda, as with the international agenda, is to incrementally
reduce greenhouse gas emissions so that developed economies
become substantively decarbonised by the year 2050. In other
words, Ireland cannot simply concern itself with the short-tomedium term but must look decades ahead to where and how
we are going to decarbonise on a national scale. Decarbonising
the economy will unquestionably create challenges, but it will
also bring about significant opportunities that many in the Irish
business community are already embracing.
To this end, in April 2014, the Government approved a
National Climate Policy Position setting out a long-term vision
of low-carbon transition based on:
●
an aggregate reduction in carbon dioxide (CO 2) emissions
of at least 80% (compared to 1990 levels) by 2050 across
the electricity generation, built environment and transport
sectors; and
●
in parallel, an approach to carbon neutrality in the
agriculture and land-use sector, including forestry, which
does not compromise capacity for sustainable food
production.
This long-term vision is an ambitious one, demanding real and
meaningful change in how we as a society live, work and
travel. Achieving both our immediate mitigation targets up to
2020 and those that will be set on an incremental basis up to
2030, 2040 and 2050 will not be an easy task. It will require a
whole-of-Government response and hence the need to have a
robust institutional framework in place. The Climate Action
and Low Carbon Development Bill 2015, provides for this.
Let me just be clear colleagues, this is not a bill designed to set
out specific policy measures. We need a dynamic approach to
the policy measures that is prepared to react to technological
developments across various sectors. We need all sectors to
contribute in the context of decarbonisation whether that be as
‘technology takers’ or indeed providing innovation of their
own. This bill is designed to make sure that the state demands
a relentless focus from each sector but without setting limits on
what can be achieved.
This bill is about instituting a process – an open, accountable,
transparent process that requires the whole of Government to
engage in a specific and planned mitigation process; to lay
plans before this house; to justify in a public forum the actions
or inactions of those contributing to the process and to
motivate all sectors of the state to further the decarbonisation
agenda.
In other words, this bill is designed so as to provide the
institutional arrangements required to enable the reshaping of
the the Irish economy towards low-carbon development over
the next forty years and beyond. I note that some of those who
criticised the bill never even made it this far during their time
in Government.
I think it important to highlight to the house that when enacted,
Ireland would belong to only a handful of Member states
within the EU who have specific National Climate Change
legislation on their statute and therein lies the ambition and
commitment to drive forward with national plans which
encompass
low-emission
strategies
and
climate-resilient
economic growth. In this regard, the Bill is amongst the most
significant this Government will introduce.
It has been suggested that we enshrine a long-term mitigation
target for 2050 in the Bill, akin to long-term vision outlined in
the National Climate Policy Position. Although I appreciate
that it might be tempting to co-opt this vision for use in
legislation, I believe that that would be the wrong course of
action. In the first instance, that long-term vision, if it were
inscribed in legislation, might interfere with the EU’s target
setting process and second, we could run the risk of setting a
numerical mitigation target in legislation which may render the
State subject to legal action. We operate within a legislative
European Framework and we are subject to effort sharing
decisions in terms of how mitigation targets are set and agreed.
Were we to institute our own targets that were less demanding
than those set at EU level then the latter would take precedence
with
our
own
legislative
targets
rendered
redundant.
Alternatively, were our mitigation targets more demanding
than those determined at EU level we would run the risk of
putting Ireland at a competitive disadvantage compared to our
EU partners which would not be a desirable outcome.
Setting our own targets, even on a long-term basis would not
only interfere with the European process, but importantly may
render the state subject to legal action. Do we really want the
state to be focussed on legal proceedings within the courts, or
would our resources be more usefully employed in assessing
new
technologies,
new
efficient
energy
production
mechanisms, sustainable planning and transport policy or
information technology aimed at decarbonising production
processes. The European targets in place for 2020, which are
legally binding, will prove extremely challenging to achieve
and will represent the primary focus of our efforts in
developing our first National Mitigation Plan. Adding further
targets to this scenario will only complicate the process further
and divert focus from where it is needed.
In my view, targets can only be realised by putting in place
appropriate and proportionate mitigation policy measures
across the sectors with the most significant emissions.
There is no shortcut for this, and that is why the Bill focuses so
much on institutional arrangements for ensuring that such
sectoral mitigation measures can be developed, approved and
most importantly implemented.
Furthermore, I think it important to note for the information of
the House that there is no internationally agreed definition of
what a “low-carbon economy” should be, with many terms
used in different circumstances, such as “green economy”,
“green-collar jobs”, the “environmental economy”, “ecoindustry”.
While I fully subscribe to the principal of low-carbon – not least
because it reduces energy costs, I would see a significant risk in
trying to define it in Irish legislation particularly where there
would be potential to restrict the breadth of activities which
could conceivably contribute to lowering carbon dioxide
emissions.
Indeed, as mentioned earlier, with fast-moving
innovations and new markets emerging for goods and services,
any definition of what is currently regarded as “low carbon”
could well be outdated very quickly, and so it’s not appropriate
to be locking in such a dynamic definition into primary
legislation. This in no way limits our commitment to delivering
a low-carbon economy in time. On the contrary, keeping a
definition of, low-carbon outside of legislation should expand
our scope over time in terms of achieving delivery.
There has been much commentary on the timelines in the Bill,
namely that the National Mitigation Plan must be prepared and
submitted to the Government for approval by myself as
Minister within 24 months of the passing of the Act. In the first
instance I would like to stress that this timeline represents a
maximum and that every effort will be made to have the
National Mitigation Plan in place earlier. However, we also
need to take heed of where consultation is appropriate and
indeed as covered by section 2 of the Bill, where the state needs
to show commitment to existing obligations under EU law such
as those relating to the Strategic Environmental Directive and
the Habitats Directive.
Failure to adhere to these European legislative requirements
would not only leave the plans open to legal challenge, it
would also reduce the effectiveness of the plans themselves in
terms of how the respective assessment processes can
potentially contribute in a positive manner to the overall
development of the plans. I would like to think that we could
all be in agreement in terms of allowing due process in these
matters and giving appropriate consideration to relevant
matters where required. It is imperative that we allow
sufficient contingency in respect of having the time available to
do the right thing as opposed to the rushed thing.
I also welcome the debate on the Expert Advisory Council and
its role as provided for in the Bill. As the members are aware,
the Expert Advisory Council shall consist of a chairperson and
between 8 and 10 ordinary members, 4 of whom shall be ex
officio members, namely, the heads of the Environmental
Protection Agency, the Sustainable Energy Authority of
Ireland, Teagasc and the Economic and Social Research
Institute.
Within this structure it is important to note that majority of the
members who will sit on this council are independent of
Government Department and Agencies which provides the
necessary balance to underpin the independent nature of the
advice to be provided in furthering the transition of a low
carbon, climate resilient and environmentally sustainable
economy by the year 2050.
I believe that the composition of the Expert Advisory Council
will strike the right balance between academic rigour and
practical implementation, by providing a service which helps
us navigate a course towards our mitigation targets which are
ambitious yet achievable. Let me be very clear on this, I regard
the independence of the experts on the group as being key to
the overall process. We will achieve the best results by
combining the efforts of these key experts with the state’s
environmentally focussed agencies, who are already in and of
themselves, highly committed to the principals of a low-carbon
economy.
In term of climate justice, it is, indeed, important that we
recognise our collective historical responsibility in relation to
climate change, and in particular, that we recognise and
address the fact that those least responsible for climate change
often experience its greatest impacts. Few if any of us would
doubt the validity of the concept, but we must also ask
ourselves how best we should go about supporting those in
developing countries when it comes to climate change. In my
view, climate justice is a matter that should be dealt with by
policy as opposed to trying to define it in legislation.
The single most important contribution any developed country
can make to climate justice is to honour its greenhouse gas
mitigation commitments. That is what the Climate Action and
Low Carbon Development Bill is already all about, by putting
in place an institutional framework to ensure that robust
mitigation policy measures are developed in a timely fashion.
Moreover, as I have previously mentioned, it is important to
note that despite extraordinarily difficult fiscal circumstances,
Ireland has maintained significant support, including public
finance, for climate action on adaptation in developing
countries and is committed, through on-going discussions at
senior official level, to finding sustainable ways to continue this
support where need is greatest.
The Bill sets out the national objective of transition to a low
carbon, climate resilient and environmentally sustainable
economy in the period up to and including the year 2050. In
doing so, it gives a solid statutory foundation to the
institutional arrangements necessary to enable the State to
pursue and achieve that national transition objective. In this
regard, the Bill addresses both the mitigation and adaptation
responses to climate change. That is, it deals with reducing
national greenhouse gas emissions as well as adapting to the
inevitable effects of climate change in Ireland.
Because both mitigation and adaptation require new policy
measures across the whole of Government, the Bill provides
that relevant Ministers of the Government will be required to
contribute, on a sectoral basis, to both the National Mitigation
Plans and the sectoral adaptation plans which fall out of the
National Adaptation Framework.
This is an important
institutional requirement, as climate change encompasses such
a wide range of areas, including everything from agriculture,
transport, energy, the built environment, forestry and flood
defence.
The Bill before us today contains 16 sections however in terms
of using the time allocated to me in an effective manner I
would just like to focus on the key provisions as follows;.
Section 3 – Law Carbon Transition
Section 3 provides for the preparation and submission to the
Government by myself as Minister of:
●
a National Mitigation Plan; and
●
a National Adaptation Framework;
for the purpose of pursuing, and achieving, the transition to a
low carbon, climate resilient and environmentally sustainable
economy by the end of the year 2050, in what is known in the
Bill as the “national transition objective”.
Section 4 – National Low Carbon Transition and Mitigation
Plan
Section 4 – one of the most important sections of the Bill –
provides for the preparation and approval of iterative, five-
yearly National Mitigation Plans which shall specify the policy
measures to achieve the national transition objective and, in
particular, the greenhouse gas mitigation policy measures to be
adopted by selected Ministers of the Government.
The first such National Mitigation Plan must be prepared and
submitted to the Government for approval by myself as
Minister within 24 months of the passing of the Act. Before
making a National Mitigation Plan, a public consultation
exercise must be undertaken, and we must have regard to any
submissions made pursuant to such an exercise.
A National Mitigation Plan must be laid before the Dáil after it
has been approved by the Government.
Section 5 – National Climate Change Adaptation Framework
Section 5 provides for the making and submission to the
Government of iterative National Adaptation Frameworks
which shall specify the national strategy for the application of
adaptation measures in different sectors and by local
authorities in order to reduce the vulnerability of the State to
the negative effects of climate change and to avail of any
positive effects that may occur.
The first such Framework must be prepared and submitted to
the Government by myself as Minister within a maximum of 24
months of the passing of the Act. .As with the National
Mitigation Plans, before making a National Adaptation
Framework, a public consultation exercise must be undertaken
and, again, we must have regard to any submissions made
pursuant to such an exercise.
A National Adaptation Framework must also be laid before the
Dáil after it has been approved by the Government.
Section 6 – Section Adaptation Plan
Section 6 concerns itself with sectoral adaptation plans. Arising
from a National Adaptation Framework, which specifies the
national strategy for the application of adaptation measures in
different sectors, relevant Ministers of the Government shall be
requested by the Government to prepare and submit to the
Government, within a specified period, a sectoral adaptation
plan. Each such plan shall specify the adaptation policy
measures to enable adaptation to the effects of climate change
to be achieved by that sector and to enable the achievement of
the national transition objective.
Section 7 – Matters of which Account is to be Taken, and
Consultation, for the Purposes of Sections 5 and 6
Section 7 is concerned with matters which must be taken into
account, including consultation, for the purposes of making a
National Adaptation Framework and sectoral adaptation plans
including the promotion of sustainable development and not
imposing an unreasonable burden on the Exchequer. Relevant
scientific and technical advice must also be considered while
consultation with the National Expert Advisory Council on
Climate Change in relation to the performance of their
functions is also covered.
Section 8 & 9 – Establishment and Membership of National
Expert Advisory Council on Climate Change and Related
Matters
Section 8 mandates the establishment of a National Expert
Advisory Council on Climate Change in order to provide
independent advice to Ministers and the Government in
respect of climate change matters while section 9 outlines how
the membership of the council will be appointed including the
range of qualifications, expertise and experience necessary for
the proper and effective performance of the functions of the
Expert Advisory Council.
It is essential that the most
appropriate range of skills be brought to the table in terms of
addressing the key areas concerned, whether from an
environmental, social or economic perspective. The chairperson
and ordinary members of the Expert Advisory Council, other
than, of course, the ex officio members, shall be appointed by the
Government on my nomination. As stated earlier, the
independence of the expert group is a key priority for me.
In terms of practical arrangements, the Environmental
Protection Agency is charged with providing the Expert
Advisory
Council
with
appropriate
secretarial
and
administrative services, as well as permitting it to use its
premises for the purpose of the performance of the Council’s
functions.
In time of straightened fiscal circumstances, this will greatly
reduce the operating costs of the Expert Advisory Council in
terms
of
general
administration,
while
increasing
the
efficiencies associated with implementation.
Section 11, 12 & 13 – General Functions of Expert Advisory
Council including Annual Review, Annual Report and
Periodic Review
Section 11 sets down, in general terms, the functions of the
Expert Advisory Council. These functions include advising
and
making
recommendations
to
Ministers
and
the
Government in respect of a National Mitigation Plan, a
National Adaptation Framework, sectoral adaptation plans and
any policy relating to the reduction of greenhouse gas
emissions and adaptation to the effects of climate change in the
State. For the purposes of performing its functions, the Expert
Advisory Council may gather such information and meet and
consult with such persons as it considers appropriate.
In addition to its general advice-giving functions, Section 12
sets down that the Expert Advisory Council shall conduct an
annual review of progress in achieving greenhouse gas
emissions reductions and in furthering the national transition
objective. Pursuant to such an annual review, the Council is
then required to prepare an annual report and publish it
directly not more than 30 days after submitting it to myself as
Minister.
Section 13 provides that, in addition to an annual report, the
Expert Advisory Council may conduct a periodic review of
mitigation and adaptation measures in the State and publish
directly the corresponding periodic review report not less than
60 and not more than 90 days after submitting it to myself as
Minister.
Section 14 – Annual Transition Statement to Dáil Éireann
As a meaningful and comprehensive exercise in transparency
and accountability, Section 14 mandates that an annual
transition statement shall be presented to Dáil Éireann.
The annual transition statement shall comprise:
●
a statement by myself as Minister providing an overview
of mitigation and adaptation policy measures that have
been adopted by the State;
●
a statement by relevant Ministers detailing the sectoral
mitigation policy measures for which they are responsible
and an assessment of their effectiveness; and
●
a statement by relevant Ministers detailing the sectoral
adaptation policy measures for which they are responsible
and an assessment of their effectiveness.
Conclusion
In conclusion, I believe that the Bill strikes the right balance
between ambition and realism in terms of the institutional
framework necessary to develop, approve and implement
robust mitigation and adaptation policy measures. My vision of
Ireland is for a competitive, socially focussed economy built on
sustainability. This bill will put in place the framework from a
climate change perspective to ensure that Ireland is well placed
to deliver on that vision.
Furthermore, it is important to note that, via the establishment
of an annual transition statement to Dáil Éireann, relevant
Ministers will be made accountable for the mitigation and
adaptation policy measures – and their implementation – for
which they are responsible. This is an important reporting
mechanism to ensure that our necessary mitigation and
adaptation measures remain on course.
Before I conclude I would like to take this opportunity to again
acknowledge the substantial work done by the Joint Committee
on the Environment, Culture and the Gaeltacht on the Outline
Heads of the Climate Action and Low Carbon Development
Bill and to note with particular appreciation the work of my
colleague, Michael McCarthy TD, in chairing the relevant
proceedings.
The input from the Committee, by way of the Joint
Committee’s Report, was another important milestone in
shaping the debate on the legislation and, indeed, helped
inform, in a genuine and meaningful fashion, the further
development of the Heads of the Bill. I think it is obvious that
the Report was given genuine and detailed consideration, with
several of the Joint Committee’s proposals being accepted in
full and unequivocally. I am satisfied that it has promoted a
better and more incisive Bill than would otherwise be the
case.
The case for action in response to climate change is now
unanswerable.
Despite this, no specific climate change
legislation has ever been enacted in Ireland. This Government
intends to rectify that now.
I commend the Bill to the House.