Clair Hayes examines the Climate Change Bill 2013, which was published on 1 February 2013 by the Minister for Environment, Mr Phil Hogan TD. It is proposed that the legislation will underpin Government policy on climate change mitigation and adaptation. The purpose of the six part Bill is said to limit insofar as is reasonably practicable the inevitable and harmful effects of global average temperature increases and to ensure that emissions of greenhouse gases do not exceed the levels binding the State under the European Union and international law.

TARGETS

The Bill places a duty on the office of An Taoiseach to ensure the reduction, by 2050, of the State’s greenhouse gas emissions to a level of at least 80% lower than levels recorded in 1990. Whilst An Taoiseach must set emissions reduction targets for the period 2013 to 2020 within the 1styear of operation of the Act, the overall reduction of greenhouse emissions for 2020 is proposed to be set between 20% and 30%. The Bill also provides for the Government’s commitment to reach agreed European Union targets regarding electricity and efficiency targets.

DUTIES

The draft legislation provides for the preparation of an annual Climate Change Statement by An Taoiseach in conjunction with the newly established Office of Climate Change and Renewable Energy. It is proposed that the Climate Change Statement will, amongst other things, set out a statement of schemes, incentives, projects and programmes to support and develop the renewable energy sector and details and progress in relation to same. The draft legislation also provides for the setting of a “carbon budget” for periods of five years in order to bring greenhouse gas emissions in line with the targets for 2020 and 2050 (as mentioned above) and the preparation of a National Climate Change Strategy which, it is said, will be prepared to meet the targets set out in the Bill and to contribute to sustainable development and the development of the renewable energy sector. Other provisions under the draft legislation include the preparation of a National Climate Adaptation Strategy. This would inform the Houses of the Oireachtas of the risks for the State of the current and predicted impacts of climate change. Based on this information, the Taoiseach will lay programmes dealing with the objectives of Government in dealing with adaptation to climate change and the proposals for achieving those objectives.

SUPPORTING MEASURES

The Bill also proposes to establish an Office of Climate Change and Renewable Energy (the “Office”) and a Climate Change Commission to perform the functions provided for it under the legislation. The Office will be responsible for the preparation, implementation and management of incentive schemes and may offer grant support under those schemes. The Office will also be given the power, under framework conditions to be implemented by An Taoiseach, to co-ordinate and support incentives which promote the accelerated deployment of electric vehicles, energy efficiency and renewable resources including wind, tidal, solar, ocean, biomass and biofuel energy. Furthermore, the draft legislation provides for the making of regulations by An Taoiseach for the implementation of Directive 2009/31 EC of the European Parliament and of the Council of 23 April 2009 on the promotion of the use of energy from renewable resources and shall prepare under such regulations a national energy efficiency plan.

FEEDBACK

The draft Bill which was described by Minister for Environment Phil Hogan TD as a “critically important piece of national legislation in terms of environment and economic sustainability of our long term future” was met with heavy criticism for its failure to set any binding targets on the Government other than those already imposed by the EU. Rather disappointingly, the draft Bill does appear to be aspirational in nature and fails to set any real targets in terms of reducing greenhouse emissions not to mention any consequences for failing to reach those targets. An Taisce is reported as saying that “the heads of the climate change bill agreed as Cabinet today represent a gutless reaction to tackling Ireland’s greenhouse emissions problem. The lack of targets means that this is a toothless Bill”.

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Clair Hayes is a solicitor in the Renewable Energy Unit at McDowell Purcell.