Three years behind schedule, after a myriad of consultations and drafts, the Government has finally published the State’s first climate change Bill to a very mixed reaction.
The Climate Action and Low Carbon Development Bill 2015 was published on Monday afternoon by the Minister for the Environment Alan Kelly.
The Bill has changed little from the draft prepared by Mr Kelly's predecessor in Environment, Phil Hogan, whose decision not to include any specific targets for emissions reductions was widely criticised by environmental groups and opposition parties.
Instead the Bill sets out a more generalised purpose of enabling the State make a transition to a low carbon economy by 2050. There is no specific definition of “low carbon economy” in the legislation.
The Bill sets out that the manner in which the transition towards a low carbon economy will be achieved will be through a National Mitigation Plan (to lower Ireland’s level greenhouse emissions) and a National Adaptation Framework (to provide for responses to changes caused by climate change). These two plans will be renewed every five years, and will also be required to include tailored sectoral plans.
While there are no explicit targets set out, the legislation obliges the State to "take into account any existing obligation of the State under the law of the European Union or any international agreement".
In effect, Labour and Fine Gael Deputies have said, the Bill formally obliges the State to adhere to EU targets such as a 20 per cent reduction in emissions by 2020 over 1995 levels.
The other major feature of the Bill is the establishment of an expert advisory council of between nine and 11 members which will advise and make recommendations to the Minister for the Environment.
Its chair will be independent but it will include the top officials from the EPA, Teagasc, Sustainable Energy Ireland and the ESRI. The Minister will not be compelled to follow its advice although he or she will be required to make an annual transition statement to the Dáil.
In a statement Mr Kelly said: “In bringing forward this proposed national legislation, Ireland will also contribute – and be seen to contribute – its fair share of mitigation effort.”
He said it was important that developed countries such as Ireland provide leadership in terms of their contribution.
There was sharp criticism of the absence of any specific target for emissions reductions in the draft legislation. Opposition parties and environmental groups also chided Mr Kelly for not including some of the key recommendations made by the Oireachtas Committee on the Environment into the final Bill.
They included providing a definition of low carbon, as well as guaranteeing the independence of the Expert Advisory Council, as is the case with the Irish Fiscal Advisory Council.
Green Party leader Eamon Ryan charged that the Bill had neither targets nor ambition. "The Bill contains noting but vague aspirations," he said adding that the first mitigation plan would not be prepared in the lifetime of the Government. "Fine Gael and Labour have no ambition when it comes to tackling climate change . . . they don't give a damn."
Oisín Coghan of Friends of the Earth said it was deeply disappointing the Bill had ignored the proposals of the Oireachtas Committee. “The Bill does not include a definition of low carbon, it doesn’t guarantee the independence of the Council, and it doesn’t include the principles of climate justice,” he said.
Independent TD Catherine Murphy said it “watered down” previous efforts to put forward climate legislation.
