Climate Change Bill [HL]

moved Amendment No. 1: 1: Before Clause 1, insert the following new Clause— ““Climate change (1) The principal aim of this Act is to ensure that UK emissions of greenhouse gases do not exceed the level necessary to contribute to limiting the global average temperate increase to not more than 2oC above pre-industrial levels. (2) The functions under this act must be exercised with the objective of achieving the principal aim of this Act.”” The noble Lord said: My Lords, the amendment received a hesitant response when it was first proposed in Committee because there seemed to be a great deal of uncertainty surrounding some of the wording. After much reflection, we feel that it is essential to bring the amendment back and I hope that I will be able to allay any of the previous concerns and anxieties. As we consider all the amendments at this stage of the Bill, I hope that it is unnecessary to remind the House to keep in mind the historic nature of this legislation. No other country is passing legislation of this scope to tackle climate change. This is the first legislation of its kind and because of its purpose—its aim—it could be a model for legislatures and parliaments around the world. Other countries have laws on emissions; most developed nations are signatories on countless treaties, accords and protocols. However, what sets this Bill apart is that it is one country’s attempt to address and curb the entire scope of its domestic emissions in order to decrease global emissions—that is, it is one country’s attempt to do its part to stop climate change. Our amendment ensures that this true purpose is reflected in the Bill. As I mentioned in Committee, the Bill, not our speeches and assurances in the Chamber, will show our intention. I trust that there is no disagreement in the House that this is to stop global warming, and thus on our side we feel that it is of the utmost importance to frame the decisions and actions that the Bill will lead to in their true and appropriate context. The Minister told the House in Committee that, "““The UK remains committed to the European Union’s 2 degree target, but there is no simple relationship between that target and the UK’s 2050 target””.—[Official Report, 11/12/07; col. 130.]" That seems a curious statement. All the evidence that we have received suggests that carbon emissions are leading to global warming. There might not be a simple relationship, but there is certainly a very important one. If it is not the 2 degree target, then what is behind the 60 per cent emissions reductions target, apart from an outdated scientific report? We understand that this is not a precise science. We understand that we cannot control all of the globe’s emissions. We take the point that even if global emissions stopped today, there would be no guarantee that we will not exceed the 2 degree target. Yet we still think that we should be committed to doing our part in trying. Even the Government seem to think so, as the Minister told us in relation to the EU’s 2 degree target, which he claimed in Committee had the full commitment of the Government. Why have the Government committed to a target in the EU that they will not commit to at home in the Bill? We hope that he will provide an explanation before trying to persuade us of the problems associated with a 2 degree target. One of the challenges to our previous amendment was that the Bill was not the place for general objectives of this kind. I could continue, as I have done, by stressing the unique and historic nature of the Bill which requires new measures and new provisions. There is a clear precedent for stating such principles—the Sustainable Communities Act begins by stating: "““The principal aim of this Act is to promote the sustainability of local communities””." Having a principal aim anchors policy around a central theme. This legislation creates a multitude of new powers and has a scope that will affect policymakers all over Whitehall. It must do that if it is going to succeed. Having the principal aim stated in the Bill will colour and shape the way that the Act works in practice. It is not intended to provide a test for individual decisions. Judges would not apply this as an applicable statutory test for individual cases. However, the amendment places a general duty that can be evaluated and has regard to way in which the functions under the Act are exercised. This would certainly be a consideration in any judicial review challenging a particular decision or action, for example, as to whether regard had been given to all relevant considerations and that the decision or action had been taken in a reasonable and rational way.