Climate Change Bill [HL]

I may be explaining it inadequately. The answer is probably yes, depending on the policies that are being proposed. As I say, this is not a question of going over a red light or the speed limit and getting a fine. That is not the kind of penalty that is implied. The penalty is, if you like, parliamentary opinion, the court of public opinion, and the opinion of business. There has to be a degree of certainty about the policies. This is not just about individuals: businesses will have to change. A lot of businesses will grow. Businesses that do not exist at the moment will make a lot of money and there will be more investment because of the changes that will happen. There has to be a degree of certainty and confidence. That will only be tested by the operation of the individual policies. From time to time, governments are open to judicial review, but the case would have to be made. We recognise that this is a difficult issue. There is no perfect answer, but I hope I have explained why we drafted the Bill in this way. We are quite happy to see whether there is another form of words that satisfies the opinions of the Committee and the Joint Committee, and describes what we want to do, which is to get that change inside government—that is what this is about. This is not necessarily a change for Ministers. It is about the advice that Ministers receive and the way they operate on it, bearing in mind that they are required to stay within the law. That is the fundamental point: if there were no requirement to stay within the law it would not be so meaningful. The advice that they receive is pretty important in that respect.