Climate Change Bill [HL]

moved Amendment No. 182C: 182C: After Clause 50, insert the following new Clause— ““Guidance by Secretary of State to reporting authorities (1) The Secretary of State may issue guidance to reporting authorities about— (a) assessing the current and predicted impact of climate change in relation to the authorities’ functions, (b) preparing proposals and policies for adapting to climate change in the exercise of their functions, and (c) co-operating with other reporting authorities for that purpose. (2) This section does not apply to devolved functions.”” The noble Lord said: I will speak to a series of new government clauses as one. Amendment No. 183A covers similar ground to Amendments Nos. 182C to 182L in this group. These amendments give the Secretary of State and the Welsh Ministers powers to issue guidance to reporting authorities, and to direct them to prepare reports on how the impact of climate change will affect their functions and how they will deal with the risks they identify. These amendments reflect the fact that climate change will affect a wide range of public services and critical infrastructure. We need to ensure that there is a mechanism to pick up on poor performance or new risks which are not being addressed. We also propose to issue guidance setting out common standards for assessing and addressing the risks of climate change. This will help to ensure greater consistency and robustness across organisations. While a lot of good work is going on to adapt to climate change, further provision is required to ensure that key services are protected, in a way that is proportionate and relevant to their work. Our amendments do just that. Government Amendments Nos. 182C and 182G confer powers on the Secretary of State and Welsh Ministers to issue statutory guidance to help reporting authorities. First, the guidance will help them understand how to assess and address the risks from climate change. It is worth explaining the term ““reporting authorities”” straightaway. Proposed new subsection (1) in Amendment No. 182L defines ““reporting authority”” to mean, "““a person or body with functions of a public nature””," or ““a statutory undertaker””. The first part of that definition is very wide, and covers the whole of the public sector. ““Statutory undertaker”” covers the utility companies in their role providing public services. Taken together, ““reporting authority”” covers every critical public sector organisation, which means in excess of 25,000 bodies. We intend to consult on the guidance this autumn, around the time of publication of the new UK Climate Impacts Programme 2008 scenarios. We will be discussing with our counterparts in Wales the possibility of issuing joint guidance. Government Amendments Nos. 182D and 182H are materially identical. Proposed new subsection (1) provides powers for the Secretary of State or the Welsh Ministers to, "““direct a reporting authority to prepare a report””," covering, first, "““an assessment of the current and predicted impact of climate change in relation to the authority’s ... functions””;" secondly, "““a statement of the authority’s proposals and policies for adapting to climate change in the exercise of those functions and the time-scales for introducing those proposals and policies””;" and thirdly, "““an assessment of the progress made by the authority towards implementing the proposals and policies set out in its previous reports””." Proposed new subsections (2) and (3) explain that the Secretary of State or Welsh Ministers, "““may direct two or more reporting authorities to prepare a joint report””—" for example, when considering a large geographical area. This will also help to ensure that activities in one area do not disadvantage another; for example, by shifting flood problems from one location to another. Government Amendments Nos. 182E and 182J begin by ensuring that where a reporting authority has been given directions by the Secretary of State or the Welsh Ministers to produce a report, they are under a duty to comply with those directions—that is subsection (1). Where two or more reporting authorities are directed to prepare a joint report, the authorities must take reasonable steps to co-operate—that is subsection (2). All reporting authorities required to prepare reports, whether by the Secretary of State or by the Welsh Ministers, must have regard, so far as is relevant, to the Government's reports under Clause 48—the national assessment—and Clause 49—the UK adaptation programme. They must also have regard to any guidance issued by the Secretary of State under Amendment No. 182C. Reporting authorities operating in Wales or those with devolved Welsh functions must also have regard to any guidance issued by the Welsh Ministers and the Welsh Ministers' report on climate change under Clause 56. The authority must then send the report to the Secretary of State or the Welsh Ministers as appropriate, who will then publish the report, subject to the usual exemptions. Finally, Amendments Nos. 182E and 182J both require reporting authorities to have regard to their own report in the exercise of their relevant functions. This is important as it will help to ensure ongoing consideration of adaptation and that it is mainstreamed through embedding in the workings of an organisation. The devolution aspects of the government amendments are mainly covered in government Amendment No. 182L, which reflects the existing devolution settlements. Powers are conferred on the Secretary of State and the Welsh Ministers. The Scottish Parliament and the Northern Ireland Assembly have the power to make their own decisions in this area, which is largely devolved, whereas the National Assembly for Wales has not yet acquired legislative competence. Having explained the Government’s position, I want to turn to Amendment No. 183A. As already noted, we agree with the overall aim of Amendment No. 183A regarding the need for risk assessments, plans and guidance and the need to disclose information and to co-operate in light of government guidance and evidence. I thank noble Lords for all the work that has been done on this, and for the indication that we are all thinking in a similar way. There are only three main areas of difference. First, Amendment No. 183A suggests a blanket general duty on all listed authorities. We believe that that process would impose disproportionate burdens and costs on public bodies. As previously explained, we feel that the targeted, risk-based power outlined in the government amendment would be a more appropriate approach. Secondly, the Government's approach is more in line with the relationship between central and local government in terms of local autonomy and flexibility. It would also not cut across and duplicate other performance management frameworks. Thirdly, the Government's amendments cover a broader range of organisations than those in Amendment No. 183A. That amendment proposes that a duty should apply to bodies listed in the Civil Contingencies Act 2004. While this list covers the most essential bodies to civil responses in major crises, a wider range of bodies may need to be covered to address ongoing adaptation issues. I have tried to complete that as quickly and as succinctly as possible. I beg to move.