Climate Change Act 2008
Territorial extent | United Kingdom |
---|---|
Dates | |
Royal assent | 26 November 2008 |
Status: Amended | |
History of passage through Parliament | |
Text of statute as originally enacted | |
Revised text of statute as amended |
The Climate Change Act 2008 (c 27) is an
Carbon emissions target
On 16 October 2008 Ed Miliband, Secretary of State for Energy and Climate Change, announced that the Act would mandate an 80% cut overall in six greenhouse gases by 2050.
When first published the Government proposed that the Act would set a target of a 60% cut, excluding international
The Royal Commission's figures were based on a June 1996 decision of the
A scientific assessment at the 2005 international
Based on the current rate of increase - averaging about 2 ppm per year[9] - greenhouse gas concentrations are likely to reach 400 ppm by 2016, 450 ppm by 2041, and 550 ppm by around 2091. It is because of this that environmental organisations and some political parties criticised the 60% target as being insufficiently ambitious, and why they demanded greater cuts (80%-100%), as mentioned below. The exclusion of emissions from aviation and shipping, combined with forecasts for growth in these areas, also means that the net effect of the bill would actually have only been a 35-50% total cut on 1990 levels by 2050.[10]
After pressure from the public, MPs and a recommendation from the Climate Change Committee, the 80% target was finally adopted.[11][12]
Legislative progress
The procedure for enacting legislation in the
Previous bill
The 2008 Climate Change Bill was preceded by a Private member's bill of the same name[13] drafted by Friends of the Earth and brought before Parliament on 7 April 2005. Although it received widespread support[14] the Bill was unable to make progress as Parliament was dissolved ahead of the 2005 general election.
Early day motion
Shortly after the 2005 general election, 412 of the 646 Members of Parliament signed an early day motion calling for a Climate Change Bill to be introduced, to include a requirement for 3% annual cuts in carbon emissions.[15] Only three other early day motions had ever been signed by more than 400 MPs.[16]
Pre-legislative scrutiny
The
The draft Bill was scrutinised by three parliamentary committees. A Joint Select Committee of 24 members from the House of Lords and the House of Commons, chaired by
Among the critics giving evidence was Lord Lawson who argued that the entire concept was counter-productive because humans would easily be able to adapt to the worst predictions of a 4-degree rise in temperature by the end of the century because, with an average world economic growth of 2%, they would be "seven times as well off as we are today", therefore it was not reasonable to impose a sacrifice on the "much poorer present generation".[22]
The Government response to the report was printed in October 2007.[23]
Lords debates
The Bill was introduced to the House of Lords by the Government on 14 November 2007.[24] The first debate on the floor of the House (Second Reading) was held on 27 November 2007 and lasted six hours.[25] This was followed by eight sittings in the Committee Stage, four further sittings at Report Stage and one more for Third Reading. All of these sittings (including Committee stage) took place on the floor of the House[26] and ten votes for various amendments.[27]
One of the votes rejected a proposal by a majority of 148 to 51 to change the target for 2050 from 60% to 80% below baseline 1990 emissions on the basis that they should wait for new scientific advice from the Committee on Climate Change before changing the target from 60%.[28]
An amendment, to remove the Secretary of State for Energy and Climate Change's absolute duty to ensure that the 2050 target was met, and replace it with a duty to propose policies to meet the target, was narrowly defeated by 132 votes to 130 in the Third Reading in the House of Lords[29] on 31 March 2008. The bill passed to the House of Commons.
Commons debates
On 9 June 2008, following the Second Reading of the Bill, only five members of the House of Commons voted against. The five were Christopher Chope, Philip Davies, Peter Lilley, Andrew Tyrie, and Ann Widdecombe.[30]
During the debate on the Third Reading on 28 October, the government rejected an opposition amendment to allow the Secretary of State to set the maximum level of carbon dioxide that may be emitted per unit of output by any generating station.[31] After the Committee on Climate Change's advice on the level of the 2050 target was brought forward, the 2050 target was revised from 60% of 1990 carbon dioxide emissions to 80% of the six major greenhouse gas emissions at the instigation of the government. It was also agreed that the British share of aviation and shipping emissions would form part of the target, when a method of measuring these could be agreed.[32]
The bill passed into law on 26 November 2008.[33]
Positions
Political parties
The opposition Conservative Party supported the concept of a bill, and proposed their own variation ahead of the Government's.[34] One of the key differences is that they were demanding annual carbon targets,[35] and that the Committee on Climate Change should have an enhanced role, setting targets as well as advising governments.[36]
The Liberal Democrats took a similar stance to the Conservatives, and were also of the opinion that setting targets every five years would be an abdication of responsibility, because a government typically remains in power for only four years.[37] They also stated that the proposed 60% cut by 2050 may not be sufficient, and that "we may well need to aim more towards about 80%".[38]
A stronger response was provided by the
Among the nationalist political parties whose views were known, the concept of a Climate Change Bill was supported in principle by the Scottish National Party[41] and the Democratic Unionist Party.[42] Welsh Plaid Cymru proposed 3% year-on-year carbon cuts for Wales in their policy statements.[43]
The
Environmental groups
The UK arm of WWF supported the Bill, but launched its Get on Board campaign for the 2050 carbon reduction target to be raised to at least 80%, including the UK share of emissions from international aviation and shipping. In addition, WWF-UK called for retention of the House of Lords' amendment that at least 70% of the UK's reduction should be achieved domestically (limiting to 30% the proportion of the reduction that can be achieved through purchasing 'carbon credits').[47]
The other 50 or so environmental, international development and other organisations belonging to the
The Joint Public Issues Team of the
Trade unions and businesses
The Confederation of British Industry, which has created its own climate change task force, welcomed the proposed Bill, stating that it combined two vital elements, long-term clarity on policy direction and flexibility in its delivery.[50]
Support for the Bill was also given by the Trades Union Congress.[51]
Committee on Climate Change
The
Outputs/reports
As required by this legislation, the UK Government has produced several reports, some of which are set to be updated at regular intervals. These reports include:
- Climate Change Risk Assessment (CCRA), first report published in 2012,[52] second report published in 2017,[53] and the third report was published in 2022.[54]
- National Adaptation Programme (NAP), first report published in 2013,[55] the second in July 2018.[56] Publication of the third National Adaptation Programme, for 2023-28, occurred in July 2023.[57][58]
- Adaptation Reporting Power (ARP), first comprehensive set of reports published in 2011 (from over 100 key organisations),[59] second round of reports have started to be published in autumn of 2015.[60] Planning for the third round of reports has started, with a consultation document published in June 2018[61] and a list of organisations has been published in a policy paper on 21 December 2018.[62]
The above reports and outputs were supported by the UK Climate Impacts Programme (now known as UKCIP),[63] and also the UKCP09 projections.[64] From late 2018, these projections have been superseded by UKCP18 projections.[65]
See also
- Climate Change and Sustainable Energy Act 2006 (United Kingdom)
- Climate change in the United Kingdom
- Climate and Nature Bill
References
- short title is authorised by section 101of this Act.
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External links
- Text of the Climate Change Act 2008 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk.
- Explanatory notes to the Climate Change Act 2008.
- Climate Change Act implementation guidance for businesses on NetRegs.gov.uk
- Full text of the earlier Draft Bill
- DEFRA Draft Climate Change Bill public consultation
- ePolitix.com Q&A: Climate Change Bill
- Big Ask Campaign
- Get on Board, WWF-UK Climate Change Campaign
- Britain Publishes Climate Change Bill.
- Government launch video (YouTube)
- England's Climate & Energy Politics
- Climate Change Strategy.
- Media
- 10 April 2008, Internet Public Library: Painless Carbon Reduction by 80%
- 3 August 2007, BBC: MPs & peers urge tougher carbon law
- 14 March 2007, Independent Online: A Bill which makes reducing carbon emissions a legal duty
- 23 February 2007, Times Online: Miliband mocked by his critics as climate Bill is downgraded
- 15 November 2006, Guardian Unlimited: Miliband denies cabinet split over climate bill
- 13 October 2006, Politics.co.uk: Ministers 'looking carefully' at possible climate change bill
- 1 February 2006, Euractive: UK chief scientific adviser: Keeping CO2 concentration below 450ppm is 'unfeasible'