Climate Change Bill [HL]

moved Amendments Nos. 182D to 182L: 182D: After Clause 50, insert the following new Clause— ““Directions by Secretary of State to prepare reports (1) The Secretary of State may direct a reporting authority to prepare a report containing any of the following— (a) an assessment of the current and predicted impact of climate change in relation to the authority’s functions; (b) a statement of the authority’s proposals and policies for adapting to climate change in the exercise of its functions and the time-scales for introducing those proposals and policies; (c) an assessment of the progress made by the authority towards implementing the proposals and policies set out in its previous reports. (2) The Secretary of State may direct two or more reporting authorities to prepare a joint report. (3) The Secretary of State may give directions about— (a) the time within which a report must be prepared, and (b) its content, and may, in particular, require it to cover a particular geographical area. (4) This section does not apply to devolved functions.”” 182E: After Clause 50, insert the following new Clause— ““Compliance with Secretary of State’s directions (1) A reporting authority must comply with any directions under section (Directions by Secretary of State to prepare reports). (2) Where two or more reporting authorities are directed to prepare a joint report, they must take reasonable steps to co-operate with each other for that purpose. (3) In preparing a report, a reporting authority must have regard to the following, so far as relevant— (a) the most recent report under section 48 (report on impact of climate change); (b) the most recent programme under section 49 (programme for adaptation to climate change); (c) any guidance issued by the Secretary of State under section (Guidance by Secretary of State to reporting authorities). (4) If the authority— (a) has functions that are exercisable in or as regards Wales, or (b) has devolved Welsh functions, it must also have regard, so far as relevant, to any guidance issued by the Welsh Ministers under section (Guidance by Welsh Ministers to reporting authorities) and the most recent report under section 56 (report on climate change: Wales). (5) The authority must send a copy of the report to the Secretary of State. (6) The Secretary of State must publish the report in such manner as the Secretary of State considers appropriate. (7) This does not require the Secretary of State to publish— (a) information the Secretary of State could refuse to disclose in response to a request under— (i) the Freedom of Information Act 2000 (c. 36), or (ii) the Environmental Information Regulations 2004 (S.I. 2004/3391) or any regulations replacing those regulations; (b) information whose disclosure is prohibited by any enactment. (8) The authority must have regard to the report in exercising its functions other than its devolved functions.”” 182F: After Clause 50, insert the following new Clause— ““Consent of, or consultation with, devolved authorities (1) The Secretary of State must obtain the consent of a devolved authority before issuing guidance under section (Guidance by Secretary of State to reporting authorities) or giving a direction under section (Directions by Secretary of State to prepare reports) relating to functions in relation to which— (a) functions are exercisable jointly by that devolved authority and a Minister of the Crown, or (b) functions are exercisable by a Minister of the Crown only with the agreement of that devolved authority. (2) The Secretary of State must consult a devolved authority before issuing guidance under section (Guidance by Secretary of State to reporting authorities) or giving a direction under section (Directions by Secretary of State to prepare reports) relating to functions in relation to which— (a) functions are exercisable by that devolved authority other than jointly with a Minister of the Crown, or (b) functions are exercisable by a Minister of the Crown only after consultation with that devolved authority.”” 182G: After Clause 50, insert the following new Clause— ““Guidance by Welsh Ministers to reporting authorities The Welsh Ministers may issue guidance to reporting authorities about— (a) assessing the current and predicted impact of climate change in relation to the authorities’ devolved Welsh functions, (b) preparing proposals and policies for adapting to climate change in the exercise of those functions, and (c) co-operating with other reporting authorities for that purpose.”” 182H: After Clause 50, insert the following new Clause— ““Directions by Welsh Ministers to prepare reports (1) The Welsh Ministers may direct a reporting authority to prepare a report containing any of the following— (a) an assessment of the current and predicted impact of climate change in relation to the authority’s devolved Welsh functions; (b) 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; (c) an assessment of the progress made by the authority towards implementing the proposals and policies set out in its previous reports. (2) The Welsh Ministers may direct two or more reporting authorities to prepare a joint report. (3) The Welsh Ministers may give directions about— (a) the time within which a report must be prepared, and (b) its content, and may, in particular, require it to cover a particular geographical area.”” 182J: After Clause 50, insert the following new Clause— ““Compliance with Welsh Ministers’ directions (1) A reporting authority must comply with any directions under section (Directions by Welsh Ministers to prepare reports). (2) Where two or more reporting authorities are directed to prepare a joint report, they must take reasonable steps to co-operate with each other for that purpose. (3) In preparing a report, a reporting authority must have regard to the following, so far as relevant— (a) the most recent report under section 48 (report on impact of climate change); (b) the most recent programme under section 49 (programme for adaptation to climate change); (c) any guidance issued by the Secretary of State under section (Guidance by Secretary of State to reporting authorities); (d) any guidance issued by the Welsh Ministers under section (Guidance by Welsh Ministers to reporting authorities); (e) the most recent report under section 56 (report on climate change: Wales). (4) The authority must send a copy of the report to the Welsh Ministers. (5) The Welsh Ministers must publish the report in such manner as they consider appropriate. (6) This does not require the Welsh Ministers to publish— (a) information they could refuse to disclose in response to a request under— (i) the Freedom of Information Act 2000 (c. 36), or (ii) the Environmental Information Regulations 2004 (S.I. 2004/3391) or any regulations replacing those regulations; (b) information whose disclosure is prohibited by any enactment. (7) The authority must have regard to the report in exercising its devolved Welsh functions.”” 182K: After Clause 50, insert the following new Clause— ““Consent of, or consultation with, Secretary of State (1) The Welsh Ministers must obtain the consent of the Secretary of State before issuing guidance under section (Guidance by Welsh Ministers to reporting authorities) or giving a direction under section (Directions by Welsh Ministers to prepare reports) relating to functions in relation to which— (a) functions are exercisable by a Minister of the Crown jointly with the Welsh Ministers, the First Minister or the Counsel General, or (b) functions are exercisable by the Welsh Ministers, the First Minister or the Counsel General only with the agreement of a Minister of the Crown. (2) The Welsh Ministers must consult the Secretary of State before issuing guidance under section (Guidance by Welsh Ministers to reporting authorities) or giving a direction under section (Directions by Welsh Ministers to prepare reports) relating to functions in relation to which— (a) functions are exercisable by a Minister of the Crown other than jointly with the Welsh Ministers, the First Minister or the Counsel General, or (b) functions are exercisable by the Welsh Ministers, the First Minister or the Counsel General only after consultation with a Minister of the Crown.”” 182L: After Clause 50, insert the following new Clause— ““Interpretation of sections (Guidance by Secretary of State to reporting authorities) to (Consent of, or consultation with, Secretary of State) (1) In sections (Guidance by Secretary of State to reporting authorities) to (Consent of, or consultation with, Secretary of State) and this section ““reporting authority”” means— (a) a person or body with functions of a public nature, (b) a person who is or is deemed to be a statutory undertaker for the purposes of any provision of— (i) Part 11 of the Town and Country Planning Act 1990 (c. 8) (see section 262 of that Act), or (ii) Part 10 of the Town and Country Planning (Scotland) Act 1997 (c. 8) (see section 214 of that Act), or (c) a person who is a statutory undertaker within the meaning of the Planning (Northern Ireland) Order 1991 (S.I. 1991/1220 (N.I. 11)) (see Article 2(1) of that Order). (2) None of the following are reporting authorities for the purposes of those sections and this section— (a) a Minister of the Crown; (b) either House of Parliament; (c) a devolved authority; (d) a devolved legislature. (3) In those sections and this section ““devolved authority”” means— (a) the Welsh Ministers, the First Minister or the Counsel General, (b) the Scottish Ministers, the First Minister, the Lord Advocate or the Solicitor General for Scotland, or (c) a Minister within the meaning of the Northern Ireland Act 1998 (c. 47) or a Northern Ireland department. (4) References in those sections to a reporting authority’s ““devolved functions”” are to functions— (a) conferred or imposed by or under a Measure or Act of the National Assembly for Wales, (b) exercisable in or as regards Wales and relating to matters within the legislative competence of the National Assembly for Wales, (c) exercisable in or as regards Scotland and relating to matters within the legislative competence of the Scottish Parliament, (d) exercisable in or as regards Northern Ireland and relating to transferred matters within the meaning of the Northern Ireland Act 1998 (c. 47), or (e) in relation to which functions are exercisable by a devolved authority, and in relation to which no functions are exercisable by a Minister of the Crown. (5) For this purpose functions are not to be regarded as exercisable by a Minister of the Crown in relation to a reporting authority’s functions merely because— (a) the Minister of the Crown may exercise functions— (i) under section 2(2) of the European Communities Act 1972 (c. 68), (ii) by virtue of section 57(1) or under section 58 of the Scotland Act 1998 (c. 46) (Community and international obligations), (iii) under section 27 or 28 of the Northern Ireland Act 1998 (c.47) (international etc obligations), (iv) by virtue of paragraph 5 of Schedule 3 to the Government of Wales Act 2006 (c. 32) or under section 82 of that Act (Community and international obligations), or (v) under section 152 of that Act (intervention in case of functions relating to water etc), in relation to the reporting authority’s functions, (b) the Minister of the Crown’s agreement is required to the exercise of a function by a devolved authority in relation to the reporting authority’s functions, or (c) the Minister of the Crown must be consulted by a devolved authority about the exercise of a function in relation to the reporting authority’s functions. (6) References in those sections to a reporting authority’s ““devolved Welsh functions”” are to functions— (a) conferred or imposed by or under a Measure or Act of the National Assembly for Wales, (b) exercisable in or as regards Wales and relating to matters within the legislative competence of the National Assembly for Wales, or (c) in relation to which functions are exercisable by the Welsh Ministers, the First Minister or the Counsel General. (7) For this purpose functions are not to be regarded as exercisable by the Welsh Ministers, the First Minister or the Counsel General in relation to a reporting authority’s functions merely because— (a) the agreement of the Welsh Ministers, the First Minister or the Counsel General is required to the exercise of a function by a Minister of the Crown in relation to the reporting authority’s functions, or (b) the Welsh Ministers, the First Minister or the Counsel General must be consulted by a Minister of the Crown about the exercise of a function in relation to the reporting authority’s functions. (8) In those sections and this section— (a) ““Counsel General”” and ““Wales”” have the same meanings as in the Government of Wales Act 2006 (c. 32); (b) ““Minister of the Crown”” includes a government department.”” On Question, amendments agreed to.