DOCSLIB.ORG

Climate Action and Low Carbon Development (Amendment) Bill 2021 No

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Climate Action and Low Carbon Development (Amendment) Bill 2021 No Climate Action and Low Carbon Development (Amendment) Bill 2021 No. 39 of 2021 Maggie Semple, Parliamentary Researcher (Environmental Science) Monday 19 April 2021 Abstract The Climate Action and Low Carbon Development (Amendment) Bill 2021 sets out the legal framework for Ireland’s transition to a climate resilient, biodiversity rich, environmentally sustainable and climate neutral economy by no later than 2050. It provides for a 2030 interim target, five-yearly carbon budgets, sectoral emissions ceilings, an annually updated Climate Action Plan and a Long-Term Climate Action Strategy. This Bill Digest seeks to assist members in the debate of the Bill and includes information on the policy context of the Bill, principal legal provisions, opportunities, international examples of climate law and stakeholder commentary. Library & Research Service | Climate Action & Low Carbon Dev (Amendment) Bill 2021 1 Contents 1. Glossary & Abbreviations ........................................................................................................ 3 2. Background to the Bill ............................................................................................................. 5 3. Table of provisions of the Bill ................................................................................................... 7 4. Policy response to climate change ........................................................................................ 11 International policy response ..................................................................................................... 11 Irish policy response to climate change ..................................................................................... 13 5. Ireland’s GHG emissions profile ............................................................................................ 16 Internationally ............................................................................................................................ 16 Nationally .................................................................................................................................. 17 6. Pre-legislative scrutiny (PLS) ................................................................................................ 17 7. Principal provisions of the Bill ................................................................................................ 21 Definitions ................................................................................................................................. 21 Obligation to achieve the National Climate Objective ................................................................ 22 Climate action plan and long-term climate action strategy ......................................................... 23 Carbon budgets ........................................................................................................................ 25 Climate Change Advisory Council ............................................................................................. 30 Climate reporting ....................................................................................................................... 34 Role of the local authorities ....................................................................................................... 34 8. Omissions from the Bill .......................................................................................................... 35 ESB borrowings and oil and gas licensing ................................................................................. 35 Ban on petrol and diesel cars .................................................................................................... 36 Liquified natural gas (LNG) infrastructure .................................................................................. 36 Accountability & penalties ......................................................................................................... 37 9. Regulatory Impact Assessment (RIA) of the Bill .................................................................... 38 10. Opportunities & implications from the Bill .............................................................................. 38 Agriculture, Forestry and Land Use ........................................................................................... 38 Transport .................................................................................................................................. 39 Built environment ...................................................................................................................... 39 Energy ...................................................................................................................................... 39 Library & Research Service | L&RS Bill Digest 2 Just Transition ........................................................................................................................... 40 Biodiversity ............................................................................................................................... 40 11. Stakeholder commentary on the Bill .................................................................................. 40 Environmental NGOs ................................................................................................................ 40 Farming lobby ........................................................................................................................... 41 Academia and industry .............................................................................................................. 41 12. International examples of climate law ................................................................................ 42 UK ............................................................................................................................................. 43 France ....................................................................................................................................... 43 Spain......................................................................................................................................... 44 New Zealand ............................................................................................................................. 44 This L&RS Bill Digest may be cited as: Oireachtas Library & Research Service, 2021. Bill Digest for the Climate Action and Low Carbon Development (Amendment) Bill 2021 Quality Assurance on this L&RS Bill Digest was completed by Maeve Ní Liatháin, BL, Senior Parliamentary Researcher (Law) in L&RS and Dr. Rónán Kennedy, BL, Lecturer, School of Law, NUI Galway. Legal Disclaimer No liability is accepted to any person arising out of any reliance on the contents of this paper. Nothing herein constitutes professional advice of any kind. This document contains a general summary of developments and is not complete or definitive. It has been prepared for distribution to Members to aid them in their parliamentary duties. Some papers, such as Bill Digests are prepared at very short notice. They are produced in the time available between the publication of a Bill and its scheduling for second stage debate. Authors are available to discuss the contents of these papers with Members and their staff but not with members of the general public. © Houses of the Oireachtas 2021 Library & Research Service | Climate Action & Low Carbon Dev (Amendment) Bill 2021 3 1. Glossary & Abbreviations Table 1: Glossary & Abbreviations Glossary & Abbreviations 2019 NECP Irelands 2019 National Energy and Climate Plan - the framework within which EU Member States must plan, in an integrated manner, their climate and energy objectives, targets, policies and measures. Adaptation Anticipating the adverse effects of climate change and taking appropriate action to prevent or minimise the damage they can cause or taking advantage of opportunities that may arise, e.g. building flood defences in anticipation of rising sea levels. Advisory Council Climate Change Advisory Council. Agency Environmental Protection Agency. Biodiversity The variability among living organisms from terrestrial, marine and other aquatic ecosystems and the ecological complexes of which they are part, and includes the diversity within species, between species and of ecosystems. Biogenic methane A by-product of the digestive process in cattle and sheep and released into the atmosphere via belching or during the storage of manure and slurry. Carbon budget The total amount of greenhouse gas emissions that are permitted during the budget period. Carbon leakage Transfer, due to climate policies, of production to other countries with less restrictive policies with regard to greenhouse gas emissions. Citizens’ A body formed from the citizens of a State to deliberate on an issue of local Assembly or national importance, in this case, climate action. Climate Action Annually updated climate action plans as set out in the Bill. Plan Climate Justice Defined in the Bill as “the requirement that decisions and actions taken to reduce greenhouse gas emissions and to adapt to the effects of climate change shall, in so far as it is practicable to do so, safeguard the rights of the most vulnerable persons and endeavour to share the burdens and benefits arising from climate change.” CO2 Carbon dioxide. CO2-eq A CO2 equivalent, abbreviated as CO2-eq is a metric measure used to compare the emissions from various greenhouse gases on the
Load more

Recommended publications
  • Annual Review 2018
    Annual Review 2018 Annual Review 2018 July 2018 Submitted to Government on 17 July 2018 Climate Change Advisory Council McCumiskey House Richview, Clonskeagh Road, Dublin 14, D14 YR62 Phone: 01 2680180 Email: [email protected] www.climatecouncil.ie ISBN: 978-1-84095-788-4 © Climate Change Advisory Council 2018 CLIMATE CHANGE ADVISORY COUNCIL | ANNUAL REVIEW 2018 Acknowledgements The Climate Change Advisory Council would like to acknowledge the contributions of the Adaptation Committee of the Climate Change Advisory Council; the Secretariat of the Climate Change Advisory Council; Dr. Frank McGovern of the Environmental Protection Agency (EPA); Harriet Walsh; Dr. Tadhg O’Mahony of the Finland Futures Research Centre; Dr. Paul Deane and Prof Brian Ó Gallachóir, UCC; the EPA; the Sustainable Energy Authority of Ireland (SEAI); Teagasc and the Central Statistics Office (CSO) in the preparation of the Annual Review 2018. Climate Change Advisory Council The Climate Change Advisory Council is an independent advisory body tasked with assessing and advising on how Ireland can achieve the transition to a low-carbon, climate-resilient and environmentally sustainable economy. The Climate Change Advisory Council was established on 18 January 2016 under the Climate Action and Low Carbon Development Act 2015. Climate Change Advisory Council Members: Prof. John FitzGerald (Chair) Prof. Alan Barrett (ESRI) Prof. Gerry Boyle (Teagasc) Laura Burke (EPA) Prof. Peter Clinch Prof. Frank Convery Joseph Curtin Prof. Anna Davies Prof. Ottmar Edenhofer Jim Gannon (SEAI) Prof. Alan Matthews Climate Change Advisory Council – Adaptation Committee At its meeting on 6 April 2016, the Climate Change Advisory Council established an Adaptation Committee to consider matters relating to climate change adaptation.
    [Show full text]
  • Mandates Manual May 2019
    Mandates Manual May 2019 Errors and Omissions Excepted. Version 1.0 USI Policy is passed at USI Congress each year. Policy has a life of three years at which time it may be extended for a further three years. All policy and policy extensions now have validity for 3 years. Whilst we are engaged in a process of standardisation, policies with novel formatting are preserved with that formatting in order to retain the integrity of the policy as considered at Congress. Nothing in the policy file should be taken to mean any mandate on the President of NUS-USI, who may only be mandated by NUS-USI Conference. Contents Contents ACADEMIC AFFAIRS & QUALITY ASSURANCE ........................................................................................................ 14 AA 19 - 1 Learning Outside of the Classroom ................................................................................................. 14 AA 19 - 2 College Awareness Week ..................................................................................................................... 15 AA 19 - 3 The creation of a Charter for Postgraduate Research Students .............................................. 15 AA 19 - 4 The creation of National Minimum Stipend rate. ...................................................................... 16 AA 19 – 5 Postgraduate Funding in Northern Ireland ..................................................................................... 16 AA 19 – 6 The legal status of a PhD student. ...................................................................................................
    [Show full text]
  • Conference Session 4: Strategic Litigation in Practice
    Conference session 4: Strategic litigation in practice. November 2020 Conference session 4: Strategic litigation in practice. Summary ClientEarth held this final session of the conference “Access to justice in environmental matters: obstacles, impacts and ways forward” on 16th October. This session focuses on strategic litigation in practice and gave us the chance to explore five recent environmental landmark cases. To start with, Dr Caroline Douhaire presented us the access to justice situation in Clean Air litigation matter in Germany. Lawyer since 2015 in the law firm Geulen & Klinger active in a number of proceedings concerning clean air, clean water and climate protection, she gave us an interesting overview of the successes and remaining challenges. Among the achievements, Caroline Douhaire especially highlighted two landmark cases in Germany. - The first case she mentioned was the Janecek Case. Indeed, with this judgment the European Court of Justice granted standing to natural persons to enforce the Air Quality Directive, as well as a right to a legal remedy and to substantive review. Caroline Douhaire walked us shortly through the background of the case, concerning a local resident living in a highly polluted area where the limit value was exceeded, and asking the federal state to draw an Air Quality Plan. Before this judgement, the German law had never recognised a right for an individual to claim the adoption of an Air Quality Plan. - The second case she highlighted concerned the Air Quality Plan of the city of Darmstadt, brought by the environmental organisation DUH. This case also consists of a great achievement for access to justice as it granted for the first time standing to an environmental association to enforce the Air Quality Directive.
    [Show full text]
  • Human Rights Climate Litigation Against Governments: a Comparative Overview of Current Cases and the Potential for Regional Approaches
    Human rights climate litigation against governments: a comparative overview of current cases and the potential for regional approaches Anna Romaniszyn* In the past few years there has been a noticeable rise in human Ces dernières années, on a constaté une augmentation rights climate litigation against public authorities all around the considerable des litiges relatifs aux droits humains et au world. Supporting their claims by a combination of legal and climat contre les autorités publiques à travers le monde non-legal arguments (such as scientific evidence, environmental entier. Soutenant leurs revendications par une combinaison principles and climate justice claims), applicants allege that d'arguments juridiques et non juridiques (tels que des preuves governmental failure to accurately respond to climate change in scientifiques, des principes environnementaux et des arguments a decisive and comprehensive ways constitutes failure to carry de justice climatique), les requérants allèguent que l'incapacité out protective duties towards their human and constitutional des gouvernements à répondre avec précision au changement rights. The relief sought by the applicants is usually that of an climatique de manière décisive et globale constitue un non- injunction or mandamus to adopt stricter and more effective respect des obligations en matière de protection de leurs droits combination of laws and policies that would prove (more) humains et constitutionnels. La réparation demandée par les effective to avert the climate crisis. The paper undertakes a requérants est généralement une injonction ou un mandamus comparative study of the most relevant cases comprising this pour adopter une combinaison de lois et de politiques plus new wave of human rights climate litigation.
    [Show full text]
  • A Reflection on the Experience of Climate Justice in Ireland
    A Reflection on the Experience of Climate Justice in Ireland Orla Kelleher1 Orla Kelleher is an Irish Research Council Government of Ireland Postgraduate Scholar and PhD candidate at UCD Sutherland School of Law. Her doctoral research examines the impact of climate change on legal reasoning in systemic rights-based climate change litigation in Ireland and the Netherlands. Introduction Over the past decade, climate breakdown has come to be recognised as the greatest threat to human rights.2 Climate change threatens the right to life, health, food, water, property, education, work, culture, adequate standard of living, means of subsistence, adequate/secure housing, self-determination and a healthy environment.3 The UN Special Rapporteur on Human Rights and Extreme Poverty, Philip Alston, recently highlighted that climate breakdown also poses a growing threat to democracy and the rule of law because of the risk that States will respond to the worsening climate crisis by augmenting executive powers and restricting fundamental rights.4 The impact of climate breakdown and the threat it poses to fundamental rights are not evenly dispersed across or even within countries. As Alston further noted, “climate change is, among other things, an unconscionable assault on the poor”5 because “the poorest, who have contributed the least to emissions and have the least capacity to react, will be the most harmed.”6 He concluded with a warning that “climate change threatens to undo 1 The author would particularly like to thank Bernard Daly for his input and
    [Show full text]
  • Climate Litigation
    This webinar will begin shortly… Dublin London New York San Francisco Climate Change Litigation Risk Agenda 11.00am Eoin Cassidy, Construction, Infrastructure & Utilities Partner, Mason Hayes & Curran LLP 11.05am John Kenny, BL Climate Litigation in Ireland: Progress and next steps 11.15am Stephanie Lodola, Associate, Mason Hayes & Curran LLP Climate Change Litigation Risk: Global Context 11.25am Jay Sattin, Senior Associate, Mason Hayes & Curran LLP Climate Change Litigation Risk in Ireland: Development Context 11.35am John Kenny, BL Climate Case Ireland: A year on 11.45am Q&A Dublin London New York San Francisco Climate Risk Litigation John Kenny BL Dublin London New York San Francisco Climate Litigation in Ireland: Progress and next steps John Kenny 6th July 2021 Starting point: UNFCCC and Paris Agreement goals • UN Framework Convention on Climate Change (UNFCCC, 1992): – Aims to stabilise GHGs at level that will “prevent dangerous anthropogenic interference with the climate system” (Art. 2) – 2°C above pre-industrial levels was for a while treated as the safe ‘line in the sand’; more recently, recognition that 2°C is not safe. • Hence the Paris Agreement (2015) objective (Article 2(1)(a)): “Holding the increase in the global average temperature to well below 2°C above pre-industrial levels and to pursue efforts to limit the temperature increase to 1.5 °C above pre-industrial levels, recognizing that this would significantly reduce the risks and impacts of climate change” • We are currently at c.1.2°C above pre-industrial levels. IPCC 2018 IPCC (2018) SR15 SPM IPCC 2018: “Coral reefs would decline by 70-90 percent with global warming of 1.5°C, whereas virtually all (> 99 percent) would be lost with 2°C.” – As temperatures increase climate change is resulting in large, abrupt and irreversible changes to which parts of society and nature will not be able to adapt.
    [Show full text]
  • Global Trends in Climate Change Litigation: 2021 Snapshot Joana Setzer and Catherine Higham
    Global trends in climate change litigation: 2021 snapshot Joana Setzer and Catherine Higham Policy report July 2021 The Centre for Climate Change Economics and Policy (CCCEP) was established in 2008 to advance public and private action on climate change through rigorous, innovative research. The Centre is hosted jointly by the University of Leeds and the London School of Economics and Political Science. It is funded by the UK Economic and Social Research Council. www.cccep.ac.uk The Grantham Research Institute on Climate Change and the Environment was established in 2008 at the London School of Economics and Political Science. The Institute brings together international expertise on economics, as well as finance, geography, the environment, international development and political economy to establish a world-leading centre for policy-relevant research, teaching and training in climate change and the environment. It is funded by the Grantham Foundation for the Protection of the Environment, which also funds the Grantham Institute – Climate Change and Environment at Imperial College London. www.lse.ac.uk/grantham/ About the authors Joana Setzer is an Assistant Professorial Research Fellow at the Grantham Research Institute on Climate Change and the Environment. Catherine Higham is a Policy Analyst and Coordinator of the Climate Change Laws of the World project at the Grantham Research Institute on Climate Change and the Environment. Acknowledgements Joana Setzer and Catherine Higham declare financial support from the ESRC, the Foundation for International Law for the Environment and the Grantham Foundation for the Protection of the Environment for the submitted work. The authors declare no other relationships or activities that could appear to have influenced the submitted work The authors thank Lord Robert Carnwath, Professor Stephen Humphreys, Dr Fergus Green, Professor Michael Burger, Korey Silverman-Roati, Dr Francesco Sindico, Dennis van Berkel, Lucy Maxwell, Sarah Mead, and Dr Annalisa Savaresi for their helpful review comments on this report.
    [Show full text]
  • Financing a Just Transition in Ireland
    Financing a just transition in Ireland 2 Author Seán Byers Acknowledgements Trademark would like to thank the following people who kindly took the time to provide advice, information and comment on all or part of this report: John Barry Seán Fearon Joe Guinan Alison Kirsch Laurie Macfarlane Conor McCabe Carla Santos Skandier Design creativeworkerscooperative.com This publication has been produced with the financial assistance of the European Union. Its contents are the sole responsibility of Trademark Belfast and do not necessarily reflect the views of the European Union. 3 Table of Contents 1. Introduction 5 2. Climate action in Ireland: A balance sheet 10 3. State-led and pro-public investment 16 3.1 Leading with direct state investment 18 3.2 Expanding pro-public investment capacities 23 3.2.1 Repurposing the Irish Strategic Investment Fund 23 3.2.2 A state investment bank and public banking system 26 3.2.3 A new and green municipalism 31 3.2.4 A fair and sustainable tax system 34 3.2.5 A new deal for workers 43 4. Private finance and investment 45 4.1 The Irish financial sector’s carbon footprint 45 4.2 The policy and regulatory environment 53 4.3 Recent trends in green finance 57 4.3.1 Green finance trends in the Irish domestic banking sector 60 4.3.2 Market-based/shadow banking and institutional investment 70 4.4 What is to be done? 73 5. Conclusion 78 4 1. Introduction ore than a decade since the world descended into financial turmoil, the coronavirus crisis has once again revealed the fragility of the global M capitalist system.
    [Show full text]
  • Taking Governments to Court Climate Litigation and Its Consequences
    Taking Governments to Court Climate Litigation and its Consequences Alex White and Luke O Callaghan-White 1 July 2021 Taking Governments to Court Climate Litigation and its Consequences Alex White and Luke O Callaghan-White1 “Climate change is undoubtedly one of the greatest challenges facing all states. Ireland is no different.”- Chief Justice Frank Clarke Abstract The volume of climate cases brought against national governments is on the rise. In many such cases, courts have found in favour of those endeavouring to force states to radically improve on commitments to tackle the effects, and limit the extent, of anthropogenic climate change. Climate policymaking is not a matter for the judiciary, but where policy has been formed, courts can have an important role in its supervision and enforcement. This paper begins by offering a detailed assessment of three landmark European cases: the Urgenda case (2019), taken in the Netherlands; the Friends of the Irish Environment case in Ireland (2020); and Neubauer et al in Germany (2021). The three cases assessed in this paper produced landmark judgments over a strikingly short period between December 2019 and April 2021. Taken together, they demonstrate the significant potential of court intervention in this field. Despite the variations in legal systems and traditions, these cases confirm the emergence of a strong interventionist trend in the approach of domestic courts in Europe to the issue of climate change. The paper then examines the policy implications of these rulings. We show that climate litigation can lead to the implementation of significant policy changes. The paper concludes by arguing that with each successful climate case taken against a state, the corpus of international jurisprudence grows and reverberates, creating a ‘domino effect’ in climate litigation.
    [Show full text]
  • Environmental Protection and Human Rights
    CDDH-ENV(2021)04rev1 14/06/2021 STEERING COMMITTEE FOR HUMAN RIGHTS (CDDH) _________ Environmental Protection and Human Rights Legal survey on existing principles and standards to be used as a background document by the Drafting Group on Human Rights and Environment (CDDH-ENV) Prepared by Juliëtte RIERINK (LL.M.), Human Rights Research Consultant Executive summary This document, prepared in view of the first CDDH-ENV meeting (28-30 April 2021), sets out the background for the work to be carried out by the Drafting Group (Section I). It describes the scope of environmental protection and its interconnectedness with human rights, as well as other specific characteristics to be considered when developing further work in this field (Section II). In addition, the document contains an analysis of the existing principles and legal standards at international and regional levels (Section III). Examples of national approaches and good practices have also been included as they may serve as inspiration for other Council of Europe member States and beyond (Section IV). The document finally recalls some of the ideas which emerged during at the High- Level Conference on “Environmental Protection and Human Rights”, held in February 2020 under the aegis of the Georgian Presidency of the Committee of Ministers, which may provide food for thought in view of possible additional work to be carried out by the Council of Europe in this area (Section IV). 2 CDDH-ENV(2021)04rev1 TABLE OF CONTENTS I. FOREWORD ...............................................................................................................
    [Show full text]
  • Human Rights and Climate Change Litigation: One Step Forward, Two Steps Backwards in the Irish Supreme Court Victoria Adelmant, Philip Alston, and Matthew Blainey*
    Journal of Human Rights Practice, 2021, 1–23 doi: 10.1093/jhuman/huab009 Article Downloaded from https://academic.oup.com/jhrp/advance-article/doi/10.1093/jhuman/huab009/6294451 by guest on 02 July 2021 Article Human Rights and Climate Change Litigation: One Step Forward, Two Steps Backwards in the Irish Supreme Court Victoria Adelmant, Philip Alston, and Matthew Blainey* Abstract Climate change litigation is a rapidly growing field in many countries and human rights obligations are increasingly an integral part of the equation. The Irish Supreme Court’s 2020 judgment invalidating Ireland’s National Mitigation Plan for transitioning to a low carbon, climate resilient and environmentally sustainable economy by 2050 has been widely praised by commentators. But the case warrants far more critical scrutiny. The Court’s findings on standing to sue, the relevance of human rights provisions in this context, and the existence of a derived right to a healthy environment, are all retrogressive and augur badly for the future of rights-based climate change litigation in Ireland. Keywords: climate change; human rights; Ireland; litigation 1. Introduction For decades, most human rights practitioners were content to be concerned but passive bystanders as the threat of perilous global warming accelerated. Climate activists and the scientific community more or less reciprocated by treating the human rights dimensions of climate change as little more than a sideshow. Today, as the world experiences unprecedentedly frequent, powerful and destructive hurricanes, wildfires, floods and droughts, along with the imminent extinction of a great many species, many human rights proponents have moved beyond rhetorical statements and box-ticking to acknowledging the tragic human rights impacts of global warming and exploring the potential contributions of national and international human rights frame- works.
    [Show full text]
  • (Amendment) Bill 2020
    An Comhchoiste um Ghníomhú ar son na hAeráide Tuarascáil maidir leis an nGrinnscrúdú Réamhreachtach ar an Dréacht-Bhille um Ghníomhú ar son na hAeráide agus um Fhorbairt Ísealcharbóin (Leasú), 2020 Nollaig 2020 _________________ Joint Committee on Climate Action Pre-Legislative Scrutiny on the draft of the Climate Action and Low-Carbon Development (Amendment) Bill 2020 December 2020 [33-JCCA-01] An Comhchoiste um Ghníomhú ar son na hAeráide Tuarascáil maidir leis an nGrinnscrúdú Réamhreachtach ar an Dréacht-Bhille um Ghníomhú ar son na hAeráide agus um Fhorbairt Ísealcharbóin (Leasú), 2020 Nollaig 2020 _________________ Joint Committee on Climate Action Pre-Legislative Scrutiny on the draft of the Climate Action and Low-Carbon Development (Amendment) Bill 2020 December 2020 [33-JCCA-01] Contents Chairman’s Foreword ...................................................................................................................... 1 Introduction ........................................................................................................................................ 3 Committee’s approach to pre-legislative scrutiny .............................................................................. 3 High level summary of draft Bill .......................................................................................................... 3 Stakeholder engagement .................................................................................................................... 4 1. Language .......................................................................................................................................
    [Show full text]