In 2008 the UK expects to enact a groundbreaking Climate Change Bill that will set legally binding targets for reducing greenhouse gas emissions.
In March 2007 the UK government introduced a draft Climate Change Bill. When it becomes law, and no-one doubts that it will, Britain will become the world’s first country to have in place a legal framework for reducing carbon emissions. Is it a model for other countries?
UK Climate Change Policy
The UK has been a leading advocate of tough action to tackle climate change within the framework of the Kyoto process. It has already put in place a number of measures to address the issue. Although it directly produces only about two percent of worldwide annual emissions of greenhouse gases, compared to most other developed countries it has made significant progress in reducing its actual greenhouse gas emissions.
Nevertheless the UK Government believes its commitment will not be complete until its targets have the force of law. The 2007 draft Bill started a consultation process and the broadly positive response from industry and environmental groups resulted in a few modifications to strengthen certain provisions and allow for more flexibility during implementation. Further changes could be introduced during the Bill’s passage through Parliament.
Provisions of the Climate Change Bill
The Bill’s main point is to establish legally binding targets for reducing greenhouse gas emissions. The provisional long-term target is that by 2050 emissions should be at least 60 percent lower than they were in 1990. As an intermediate target, emissions should be reduced by at least 26 percent by 2020. These targets may be reviewed and adjusted in the light of new scientific evidence.
The rest of the Bill sets out the means for ensuring that the overall goal will be met. For this there are five main provisions:
• A series of five-year “carbon budgets” that will set declining maximum levels of emissions allowed within each successive five-year period
• Enabling powers to make it easier for future governments to set up new carbon trading schemes and other measures considered necessary to meet the target
• A new, transparent system of annual reporting by the Government to Parliament on progress towards meeting the targets
• A separate annual report on the latest assessments of the risks that climate change poses to the country. This report is an attempt to ensure there is a focus on adaptation to the effects of climate change, as well as on reducing greenhouse gas emissions.
• A new independent advisory body – the Committee on Climate Change – to provide regular technical analysis and advice on climate change issues.
Carbon Budgets and Sanctions
Three five-year carbon budgets are to be on the statute books at any one time in order to provide businesses with a 15-year investment-planning horizon. Legally binding annual budgets were considered impractical, but the five-year budgets mean that any emissions over-runs will require deductions in the emission levels permitted in subsequent years.
The Bill does not set out any specific sanctions that will apply if targets are not met. But the reporting procedures are considered strict enough, and the Committee independent enough, that any government would be held to account through normal political processes and ultimately through the option of a Judicial Review, whereby the courts could impose sanctions at their discretion.
The Legislative Process
The Bill completed its passage through the House of Lords in March 2008 and is expected to become law later in the year. While awaiting its enactment, five technical experts were appointed as members of the “shadow” Committee on Climate Change in February 2008, under the chairmanship of Lord Adair Turner, supported by the Office of Climate Change that was set up in 2006.
Before the end of 2008 the Committee will draft carbon budgets for the next three five-year periods, from 2008-12 to 2018-2022.
A Model Approach to Tackling Climate Change?
International issues remain to be addressed, like how to bind global aviation and shipping into emissions reduction targets and how to include reductions from the Emissions Trading Systems, Clean Development Mechanism and Joint Implementation projects within the achievements of individual countries. But at the national level other countries and states will take a close look at the UK’s approach and its effectiveness.
