UK Parliament / Open data

Climate Change Bill [HL]

Proceeding contribution from Lord Davies of Oldham (Labour) in the House of Lords on Monday, 25 February 2008. It occurred during Debate on bills on Climate Change Bill [HL].
moved Amendment No. 13: 13: Clause 3, page 2, line 38, at end insert— ““( ) As soon as is reasonably practicable after giving its advice to the Secretary of State, the Committee must publish that advice in such manner as it considers appropriate.”” The noble Lord said: My Lords, in moving Amendment No. 13, I wish to speak also to the other government amendments with which it is grouped. At present, the Bill states that where the committee provides advice on the level of a carbon budget, and the Secretary of State decides to set the budget at a level different from that recommended by the committee, the Secretary of State must state his reasons for doing so. Government Amendments Nos. 14, 34 and 92 extend that requirement to apply to other aspects of the Bill, including where the Government propose to amend a target, a baseline year or the definition of ““targeted greenhouse gas””. This means that for most amending actions the Secretary of State takes under the Bill, he would be required to make his reasoning very clear in relation to the committee’s advice. I believe that picks up on the intention behind the noble Lord’s Amendments Nos. 33 and 39, and hope that he will be satisfied with that response. I shall explain why the government amendments take a rather different approach. Government Amendments Nos. 13, 32 and 89 have a similar rationale. The Bill already places a clear statutory obligation on the Committee on Climate Change to publish the advice that it gives on budgets under Clause 27. It is also bound by the Freedom of Information Act to disclose most other material on request. I believe that, to further improve transparency, it would make sense for more of the committee’s advice to be published proactively. These amendments would therefore require any advice from the committee on government proposals to amend a target, a baseline year or the definition of ““targeted greenhouse gas”” to be published, as soon as reasonably practicable after giving the advice. This would also be subject to exemptions—as in Clause 27(7), for instance—for information that would be protected under the Freedom of Information Act, the Environmental Information Regulations, or by other legislation. The exemptions are set out in our Amendment No. 136. I will say a little bit more about government Amendment No. 136, which is connected with government Amendments Nos. 132 and 156. These merely tidy up the Bill. When we decided to increase the number of duties on the committee to publish various pieces of advice, we noticed that this would lead to the usual exemption provisions being repeated over and over again. So government Amendment No. 136 adds a general exemption provision that applies to all of the committee’s duties to publish advice. Government Amendments Nos. 132 and 156 remove a couple of specific exemption provisions as a consequence. Government Amendments Nos. 37 and 38 also just tidy the Bill up. Government Amendment No. 37 amends Clause 9(1)(a) to refer directly to the committee’s budget advice under Clause 27, removing any unintended implication that some other kind of advice is needed as well. Government Amendment No. 38 recognises that the committee is already required to publish its budget advice under Clause 27(5). Government Amendments Nos. 15, 35 and 93 make very minor consequential amendments to reflect the fact that the Secretary of State will be making statements, not just one statement, under Clauses 3, 7 and 17. It will be appreciated that the Government are involved partially in merely tidying up the Bill here and in making clear crucial points with regard to a target, a baseline year and the definition of ““targeted greenhouse gas””. I beg to move.
Type
Proceeding contribution
Reference
699 c490-1 
Session
2007-08
Chamber / Committee
House of Lords chamber
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