Climate Change Bill [HL]

I am grateful to all noble Lords who have spoken in this debate. I suffer from the same disadvantage as the noble Lord, Lord Crickhowell, as I missed the previous day in Committee because I was otherwise entertained on the Dormant Bank and Building Society Accounts Bill. I recognise that these issues were discussed earlier in Committee and I have no doubt that we shall return to them again because the Committee shares a determination to have an effective Bill that brings about the points that the noble Baroness, Lady Young, emphasised. The Government share her reservations about what is being proposed in this amendment and will take on board what she said as a potentially fruitful line of inquiry. In the previous Committee sitting my noble friend Lord Rooker agreed to look at whether another form of words could describe what we want to do here without weakening the Bill. The problem with the amendment moved by the noble Lord, Lord Crickhowell, and supported by other noble Lords is that the Government could be challengeable in law if it were thought that they were neglectful of their obligations, and there would be a risk of judicial review. Although other Members of the Committee indicated that that ought not to worry the Government unduly, it will worry them because the remedy would be at the discretion of the court. It may be that the court would do what it often does in these circumstances and would issue a declaration to force the Government to reconsider their action. However, we cannot rule out the possibility of the court making a more stringent order, such as ordering the Government to purchase credits to remedy the position. Although such sanction would certainly meet the objective of the noble Lord, Members of the Committee will recognise why the Government cannot take this proposal lightly. We are facing real issues in compliance although we entirely subscribe to the general wish articulated on all sides of the Committee. As has been recognised on all sides of the Committee, we have strengthened the Bill’s provisions to ensure maximum transparency about whether a budget or target has been met. For instance, Clause 14(3) requires that if a budget has not been met the Secretary of State must explain to Parliament why that was the case. In addition, Clause 28(2) requires the Committee on Climate Change to set out in its report to Parliament its views on the ways in which the budget for a period was or was not met. The Bill therefore ensures that there is ample opportunity for scrutiny and debate if a budget is not met.