Climate Change Bill [Lords]


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Mr. Woolas: That is a good question. The hon. Gentleman has said that we want 100 per cent., but we do not—we want flexibility for 100 per cent. We will have this debate later, but, in practice, one has to achieve a balance between UK domestic emissions capping and what is available for offsetting overseas. I do not want him to leave this debate thinking that we want 100 per cent., as we do not. We want to get the balance right. The simple point in what I have just said, which I want to emphasise, is that we want flexibility. I believe that the hon. Gentleman agrees with me—Members of his party in the other place did.
I believe that the amendment helps to provide the clarity for which business and others have been calling. Incidentally, for maximum transparency, the report in clause 14 to which the hon. Gentleman has referred must be laid before Parliament at the same time as each budget is set, which is a point that we probed during consideration of an earlier amendment.
Gregory Barker: We have not reached the vitally important issue of using overseas carbon credits in Committee, but I have no doubt that it will be an extremely important and engaging discussion when we do. My party is strongly of the opinion that if we are to secure first-mover advantage in the new low-carbon economy, it is vital that the UK focuses its investment here in Britain, facilitating dynamic industrial change in our economy, rather than through a trading system that would involve the majority of the money going overseas. We certainly need to do that if we are to develop the skills, jobs and technologies to make Britain a truly green economy, but I shall save that debate for another sitting.
We will support Government amendment No. 8. Whatever their designs may be towards the distribution of domestic versus international carbon reductions—we all have different views on the exact distribution—it is certainly in the best interests of all concerned and of the Bill that the implications of carbon trading are examined and included in the strategy report.
Amendment agreed to.
Amendment made: No. 5, in clause 14, page 7, line 33, leave out ‘Prime Minister’ and insert ‘Secretary of State’.—[Mr. Woolas.]
Clause 14, as amended, ordered to stand part of the Bill.

Clause 15

Annual statement of UK emissions
Mr. Woolas: I beg to move amendment No. 6, in clause 15, page 8, line 14, leave out ‘passenger travel and imports or exports of goods’ and insert ‘aviation or international shipping’.
The Chairman: With this it will be convenient to discuss the following: Government amendment No. 7, in clause 30, page 15, line 36, leave out subsections (1) to (5) and insert—
‘(1) Emissions of greenhouse gases from international aviation or international shipping do not count as emissions from sources in the United Kingdom for the purposes of this Part, except as provided by regulations made by the Secretary of State.
(2) The Secretary of State may by order define what is to be regarded for this purpose as international aviation or international shipping.
Any such order is subject to affirmative resolution procedure.
(a) make provision by regulations as to the circumstances in which, and the extent to which, emissions from international aviation or international shipping are to be regarded for the purposes of this Part as emissions from sources in the United Kingdom, or
(b) lay before Parliament a report explaining why regulations making such provision have not been made.
(4) The expiry of the period mentioned in subsection (3) does not affect the power of the Secretary of State to make regulations under this section.
(5) Regulations under this section—
(a) may make provision only in relation to emissions of a targeted greenhouse gas;
(b) may, in particular, provide for such emissions to be regarded as emissions from sources in the United Kingdom if they relate to the transport of passengers or goods to or from the United Kingdom.’.
Amendment (a) to Government amendment No. 7, in line 13, leave out from ‘Kingdom’ to end of line 15.
Amendment (b) to Government amendment No. 7, in line 13, leave out from ‘Kingdom’ to end of line 17.
Amendment No. 81, in clause 30, page 16, line 9, leave out from ‘passed’ to end of line 11.
Amendment No. 82, in clause 30, page 16, line 11, at end insert—
‘(5A) Regulations under this section must provide for emissions arising from the transport of goods to the United Kingdom to take account of all stages of the journey of those goods to the United Kingdom from their point of origin, where any part of that journey has been by sea or through the Channel Tunnel.’.
New clause 1—Emissions from international aviation or international shipping
‘(1) Emissions of greenhouse gases from international aviation and shipping shall count as emissions from sources in the United Kingdom for the purposes of this Part from 1st January 2013, as provided by regulations under this section.
(2) The Secretary of State may by order define what is to be regarded for this purpose as international aviation or international shipping.
(3) An order made under subsection (2) is subject to affirmative resolution procedure.
(4) The Secretary of State may make provision by regulation as to the circumstances in which, and the extent to which, emissions from international aviation or international shipping are to be regarded for the purposes of this Part as emissions from sources in the United Kingdom.
(5) Such provision may be made only in relation to emissions of a targeted greenhouse gas and in making such provision the Secretary of State shall have regard to international carbon reporting practice.
(6) Regulations under this section may make provision—
(a) as to the period or periods (whether past or future) in which emissions of the targeted greenhouse gas are to be taken into account as UK emissions of that gas, and
(b) as to the manner in which such emissions are to be taken into account in determining the 1990 baseline in relation to those periods.
(7) They may, in particular—
(a) designate a different base year, or
(b) designate a number of base years, and to provide for the emissions in that year, or the average amount of emissions in those years, to be taken into account as if part of the 1990 baseline.
Amendment (a) to new clause 1, in line 14, at end insert—
‘(5A) Regulations under this section must provide for emissions arising from the transport of goods to the United Kingdom to take account of all stages of the journey of those goods to the United Kingdom from their point of origin, where any part of that journey has been by sea or through the Channel Tunnel.’.
Mr. Woolas: We come to the detail of the Bill, and I suspect that there will be a robust debate.
The Chairman: Oh.
Mr. Woolas: Robust, not long, Mr. Cook. There is no reason why the debate cannot be short. The arguments have been rehearsed in the other place and during pre-legislative scrutiny. The Liberal Democrats have long campaigned for the existence of pre-legislative scrutiny. I have never seen a correlation between the amount of time spent on such scrutiny and the amount of time spent in Public Bill Committee, but I live in hope.
Government amendments Nos. 6 and 7 aim to clarify the Bill’s language, while also working, of course, within the spirit and the intent of the amendments made in the other place. They replace
“international passenger travel and imports or exports of goods”
with
“international aviation or international shipping”.
Let me explain why.
As amendment No. 82 recognises, one possible way of defining these emissions is by reference to “the transport of passengers or goods”. However, there are, of course, other ways—I argue better ways—to define those emissions, which we do not want to rule out inadvertently. That is why I want to revert to the broader language of
“international aviation or international shipping”,
which is established terminology within the United Nations and the European Union, as the right hon. Members for Suffolk, Coastal and for Penrith and The Border will, I hope, recognise.
Furthermore, the proposed clause 30(2) gives the Secretary of State the power to:
“define what is to be regarded...as international aviation or international shipping.”
This power was originally part of the Bill, but it was removed in the other place. It is a useful supplementary part of the Bill’s framework. It allows us to clarify what we are talking about when we refer to:
“international aviation or international shipping”
emissions, and to update that definition as necessary. For instance, and this is a very important point, the definition would be updated if there were—I hope and expect that there will be—an international agreement on how to allocate emissions to individual countries.
If I may, let me briefly set out what clause 30(4) does, as amendment No. 81 would remove it. We believe that it is necessary, because it clarifies that the Secretary of State’s ability to make or amend regulations on this issue does not end once the five-year period from Royal Assent has elapsed. It ensures that the Secretary of State can still make regulations or amend regulations that have already been made.
If after, say, eight years, there was international agreement on a different way of allocating emissions between countries, which does not preclude an international agreement before that time, clause 30(4) would allow us to amend our regulations to reflect that agreement, but only after an affirmative vote in both Houses. Alternatively, if we wanted to make some minor and technical changes to our existing regulations, as is bound to happen at some point between 2013 and 2050, clause 30(4) clarifies that that is possible.
Let me also briefly set out the three key reasons why the Government feel that we cannot set a date for including those emissions. First and most importantly, we all agree that these are global issues and that a global solution would be the best way forward. Let me reassure the Committee that the United Kingdom is at the forefront of international discussions and proposals to address that point. We are also starting to see progress with both the International Civil Aviation Organisation and the International Maritime Organisation in the United Nations talks. Indeed, it was my right hon. Friend, the Secretary of State who successfully proposed at European Union level that aviation and shipping be included within the targets. If we are to succeed, we will need to persuade other countries that there is no hidden agenda and that we are not trying to force something on them now for narrow economic or political reasons. What we are trying to do is forge a global solution in the best interests of the international community as a whole, recognising that we are talking about global emissions that affect our domestic circumstances and not the other way around. That will be made much more difficult if we have a domestic deadline for deciding what the UK’s fair share is.
As hon. Members know, there are several possible ways of splitting emissions between countries. For some countries, the methods provide radically different answers. Independent analysis carried out for the Government that examined different methods found, for instance, that one of the models gave Belgium, a distinctly trading nation, more than 29 times as many emissions as under the other model. Denmark got more than five times as many, while Sweden got less than half. Such differences carry huge potential economic implications.
Secondly, it is not impossible that we could reach international agreement through the United Nations framework convention on climate change, the IMO or the ICAO. The best way to deal with international aviation or shipping emissions is through a sectoral approach—my personal view is that that is the most likely outcome—rather than allocating emissions to individual countries. In fact, that is one of the proposals that we are already discussing. We are already starting to see it at the European Union level, where it is likely that under the ETS aviation emissions will be allocated to airlines rather than to individual member states. Once in the EU ETS, aviation emissions will be capped, and any increase will have to be met by reductions elsewhere. Any reduction in aviation emissions would simply lead to emissions going up somewhere else, which is how emissions trading works.
Martin Horwood (Cheltenham) (LD): What is the most optimistic assessment for when such a sectoral international agreement might be implemented?
 
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