Climate Change Bill [HL]

I hope I can offer some reassurance to noble Lords with regard to this possibly very short debate. I understand the concern expressed by the noble Lord, Lord Taylor. I asked the Bill team to go through the order-making powers and have also had a look myself to try to get a feel for how it looks when they are put together. A theme has been running through our debates in Committee. In fact, my noble friend Lord Rooker has agreed to consider a number of questions on transparency and order-making issues. There is an intention to write to interested Peers and opposition spokespeople on a number of those before Report. Amendment No. 187 would specifically prevent the Government bringing forward any secondary legislation which was not strictly necessary for the proper operation of the Act or not compatible with the two-degree goal, which we debated earlier in Committee. I appreciate the spirit behind the noble Lord’s amendment, but this would have a significant impact on the Government’s ability to meet the targets and budgets set under the Bill. The two tests in Amendment No. 187 would set the bar extremely high. I understand that the amendments are probing but will take a moment to go through why they would set the bar so high. The requirement for secondary legislation to be necessary for the Act’s operation could have significant consequences. For instance, as the Bill already has a 2050 target, any regulations amending it are not strictly necessary for the Bill’s operation. This amendment would prevent the 2050 target being amended. For example, new trading schemes, as enabled by Part 3, are also not strictly necessary for its operation. Therefore, this amendment would also prevent the Government introducing any trading schemes to reduce UK emissions and help us meet our targets. I understand that the amendment is probing at a wider concern, so I will not labour that. Amendment No. 188 would commence Part 2 on the day that the Act is passed. It would mean that the Committee on Climate Change becomes a statutory body on that date. I understand that noble Lords want to see the committee operational as soon as possible. However, there are practical reasons why the Government have included the provision to set the date in the Bill. As your Lordships will be aware, we do not often know in advance the exact date on which a Bill will be granted Royal Assent. That means that the establishment of such an important body could come, relatively speaking, as a surprise. We would not want that to happen. There are very real considerations which require us to be able to plan this, so that it happens not only quickly but in an orderly and well managed way. For example, the committee’s staff will be its backbone and it is important that we make it convenient for both staff and the body alike to have advance notice of when the body will be legally established. That will help provide greater certainty as to, for example, the terms of their employment. As noble Lords will also understand, it is more administratively convenient if a body comes into existence on a known date—ideally, at the start of a new quarter, but, at the very least, the first of the month. However, we recognise the demands for greater certainty about when the committee will be vested and the desire for it be at the earliest opportunity. I therefore reassure the Committee that it is our intention to commence Part 2 at the earliest practicable date, and no later than three months after we receive Royal Assent. The date will be decided following consultation with the committee’s chair-designate. I am happy to put this commitment on record for the Committee and hope, with this reassurance—and my communication of the information that my noble friend Lord Rooker will be writing to noble Lords who have participated in Committee—that the noble Lord will consider withdrawing his amendment.