Appendix: Government Response
Government Response to the Environmental Audit
Committee Report on Preparations for the Rio+20 Summit
Background
1. The Environmental Audit
Committee published its report on preparations for the Rio+20
Summit on 26 October 2011. The Committee identified the purposes
of its inquiry as being: to encourage wide-ranging engagement
in the Rio+20 process, raising the level of debate more generally,
and flagging up the key issues likely to be under discussion at
Rio next year; and to consider what the Government's approach
should be in terms of seeking to influence those discussions and
shape the EU's input. This paper sets out the UK Government's
response to the conclusions and recommendations of that report.
2. This inquiry and its report,
and the Government response, are likely to be the first in a series.
The Committee records that they 'intend in due course to examine
the results of the Conference and how the UK will be taking forward
any agreements reached' (paragraph 8).
Introduction
3. The Government welcomes
the Environmental Audit Committee's report on preparations for
the Rio+20 Summit and its recommendations.
4. At the time of the Committee's
inquiry, Rio+20 was scheduled to take place from 4-6 June, but
after consultation with the UN Secretary-General, Brazil has taken
the decision to put the dates back to 20-22 June so that Rio+20
now follows the G20 Summit in Mexico.
5. The Government welcomes
the considerable, and growing, interest in the outcome of Rio,
notably from the private sector, civil society, Parliament, and
the media. The UK has the opportunity to be at the forefront of
efforts to produce a meaningful outcome. We see Rio+20 as an opportunity
to make critical progress on our global growth agenda, and to
address the linked challenges of climate change, sustainable development,
natural resources use, and poverty reduction. Defra's Secretary
of State, Caroline Spelman, is working closely with Ministers
in DFID, DECC, BIS, UKTI, Cabinet Office and The Foreign and Commonwealth
Office to work out together how to make the most of the opportunities
for making progress.
6. The Secretary of State,
Caroline Spelman, has been working with Ministerial colleagues
to raise the profile of Rio+20 and take forward preparations.
In October she visited India for the Delhi Ministerial Dialogue
on Green Economy and Inclusive Growth, discussing preparations
for Rio+20 with key partners from India and Brazil. And in December,
she attended the Durban Climate Change Conference, where she continued
to advance preparations, meeting the Brazilian Vice Minister for
Environment and discussing Brazil's plans for the Conference.
7. The Secretary of State is
also keen to involve civil society and business in preparations,
and in October hosted round table events where she shared her
thoughts on Rio+20 and invited suggestions on its potential outcomes.
She plans to repeat these events before Rio+20.
Responses to individual recommendations
RAISING THE PROFILE OF SUSTAINABLE DEVELOPMENT
Recommendation 1. Globally, there has been inadequate
progress on sustainable development since the 1992 Rio Earth Summit.
There is still far to travel. Some 'planetary boundaries' having
been breached, and others approaching, make the task more urgent
than ever. It is a difficult message to convey to an often sceptical
audience, but that makes it all the more important that the Government
use the run up to the Rio+20 Conference next year to raise the
profile of the case for action, both internationally and at home.
(Paragraph 18)
8. The Government is fully
committed to sustainable development, both at home and abroad.
9. Rio+20 is one of four major
international meetings taking place over the next year, where
decisions will be made on a range of priority issues relevant
to this agenda, including green growth, climate change, biodiversity,
forestry and environmentally sustainable agriculture. Together,
they offer us significant opportunities to make progress on global
challenges of growth, natural resources, climate change, sustainable
development and poverty eradication, and to show leadership at
home and internationally. These meetings are the Durban climate
change conference (concluded in December), the Clean Energy Ministerial
in London (March 2012), Rio+20 (June 2012), and the Hyderabad
biodiversity conference (October 2012).
10. These meetings will help
to deliver the UK Government's broad international ambition, which
was set out in the Natural Environment White Paper[2]
as: "internationally, to achieve environmentally and socially
sustainable economic growth, together with food, water, climate
and energy security".
11. The Government agrees that
more needs to be done. The best way to do this is through mainstreaming
sustainable development at all levels of Government, moving sustainable
development beyond being considered as a separate, 'green' issue
which is a priority for only a few Government departments. Just
as leading businesses recognise that sustainability is a core
strategic issue and not just a 'nice to have', this Government
is working to mainstream sustainable development so that it is
central to the way we make policy, run our buildings and purchase
goods and services. Ministers have therefore agreed an approach
for mainstreaming sustainable development which in broad terms
consists of providing Ministerial leadership and oversight, leading
by example, embedding sustainable development into policy, and
transparent and independent scrutiny.
HIGH LEVEL GOALS FOR RIO+20
Recommendation 2. The Millennium Development Goals
have helped shape aid programmes, including the UK's, over the
last decade. But, globally, their targets appear likely to be
missed by their 2015 end-date, and they have focussed attention
on what needs to change only in the developing world. The Government
should support work aimed at launching new Goals - Sustainability
Goals and Consumption Goals - at Rio+20, to shift the effort towards
the sustainable development and sustainable consumption contributions
that the UK and other developed countries now need to make. It
should engage with other European countries to ensure that the
EU pushes this agenda strongly ahead of Rio+20. (Paragraph 24)
12. The Government is clear
on the worth of high level goals. In his report to the G20 on
Global Governance[3], the
Prime Minister noted that:
4.11 A compelling way of incentivising greater cooperation
and coordination is for political leaders to agree high-level
goals around which global efforts can coalesce. The Millennium
Development Goals are often cited as an effective exemplar of
a call to action, set with a deadline for achievement by 2015.
13. Support for the development
of a set of high levels goals is coming from several areas. For
example Colombia (with Guatemala) proposed that Rio should agree
a mandate to develop a set of global goals, based on major sustainability
issues.
14. The Government supports
the development of a process to develop a set of high level sustainability
goals, and are actively exploring how they could relate to a framework
to replace the Millennium Development Goals (MDGs) after 2015.
In the meantime, these discussions should not detract from focusing
on meeting the MDGs.
A FULL AND FAIR GREEN ECONOMY
Recommendation 3. The green economy needs to embrace
all its possible dimensions ('tracks') put forward by the UN.
The Government should work to ensure that environmental taxes
and regulation, and accounting for the value of ecosystem services,
will be prominent in the green economy principles agreed at Rio+20.
The Government should also work to ensure that those agreed principles
represent a fair green economy, that fully reflects the social
dimension of sustainable development and provides help to countries
and groups of people disadvantaged by the transition to a green
economy. (Paragraph 35)
PRIVATE SECTOR INVOLVEMENT
Recommendation 4. The green economy is more likely
to succeed if the private sector is involved. Many companies have
identified that sustainable development is in their own interests.
But others need to be incentivised to act in the right way, to
fully address the environmental and social aspects of sustainable
development. The Government should push for Rio+20 to deploy the
green economy 'tracks' which could provide such incentives, including
taxation and ecosystem valuation, and to agree a mandatory regime
for sustainability reporting by companies. In addition, the Government
should involve business in the dialogue with stakeholders and
the public needed throughout the Rio+20 process. (Paragraph 39)
15. Considering these two recommendations
together, the Government's approach to the green economy is set
out in the document 'Enabling the Transition to a Green Economy:
Government and business working together'[4].
It notes that:
7. A green economy is not
a sub-set of the economy at large - our whole economy needs to
be green. A green economy will maximise value and growth across
the whole economy, while managing natural assets sustainably.
8. Our vision is that our green
economy of the future will:
- Grow sustainably and for the
long term. Growth in the economy will be achieved and wealth generated
while emissions and other environmental impacts are reduced. Opportunities
for green growth will be facilitated - including in a growing
low-carbon and environmental goods and services sector - and the
global competitiveness of UK industry maintained.
- Use natural resources efficiently.
Effective demand management and efficiency measures for energy
and other resources will be used in our homes, offices and businesses
across the economy. Inputs of materials to production processes
should be optimised and the level of waste to landfill should
decrease. New process and products will be required creating new
market opportunities.
- Be more resilient. The UK will
have a reduced reliance on fossil fuels whilst maintaining secure
supplies of energy and other natural resources. The economy will
be more resilient and prepared for the implications of climate
change and environmental risks such as floods and heat waves.
- Exploit comparative advantages.
UK businesses will be well placed to take advantage of the expanding
markets for greener goods and services
16. Enabling the Transition
to a Green Economy also sets out the range of policy tools Government
is using to support the transition, including:
14. ...promotion of international
action; regulation; financial incentives; voluntary agreements;
fiscal measures; public sector procurement; provision of information;
and targeted work to unblock non-financial barriers to the deployment
of clean energy technologies. Using these tools in the right way
that balances supporting good behaviour and discouraging poor
environmental outcomes is important for ensuring that change happens,
that benefits from that change are maximised and costs are minimised.
17. Many businesses in the
UK are already at the forefront of a greener economy but there
is further to go. Businesses and Government must work together
to fully realise the opportunities and thus drive green growth.
The document 'Enabling the Transition to a Green Economy: Government
and business working together' sets out a number of suggestions
for Government commitments to support a green economy which business
could respond to.
18. We agree with the Committee
that the Government should involve business in the dialogue with
stakeholders and the public needed throughout the Rio+20 process.
This is why the Secretary of State for Defra, Caroline Spelman,
hosted a round table event for businesses in early October, where
she invited ideas emerging from business leaders for Rio+20 outcomes,
and asked businesses to indicate what they do not want to see
emerging from Rio+20. It is intended that this format will be
repeated periodically in the run up to Rio+20.
19. One idea that has come
up in the discussions is that of sustainability reporting. The
Government is keen to work with business to develop this idea
further between now and Rio+20.
20. The Secretary of State
has also been discussing preparations for Rio+20 at the Government's
Green Economy Council[5],
which is chaired on a rotating basis by the Secretaries of State
from BIS, DECC and DEFRA. Membership from business is at senior
level, and this Council gives business a good route to engage
with Government.
DEVOLVED ADMINISTRATIONS' EXPERIENCE OF SUSTAINABLE
DEVELOPMENT
Recommendation 5. There is work underway in the
devolved administrations which could contribute ideas on the Rio+20
themes as well as on how sub-national sustainable development
governance could operate. The Government should collect that input
and present it to the Conference. (Paragraph 40)
21. Government is consulting
the Devolved Administrations in developing the UK position for
Rio+20, and anticipates that they will provide what their experience
has been.
INTERNATIONAL COURT FOR THE ENVIRONMENT COALITION
PROPOSALS
Recommendation 6. The Government should examine
the proposals from the International Court for the Environment
Coalition, and in its response to this report set out its view
of the pros and cons involved and state whether it intends to
support any moves at Rio+20 to establish an International Court
on the Environment. (Paragraph 44)
22. The Government appreciates
the engagement it continues to have with the ICE Coalition in
the preparatory process for Rio+20. In the view of the ICE Coalition,
an International Court for the Environment (ICE) could in the
long term provide a permanent forum for arbitration, conciliation,
advisory opinions and judicial determination of disputes arising
from customary and treaty-based environmental obligations owed
by States, and grant non-state actors standing. In the Government's
view, there are clearly merits in having a mechanism for dispute
resolution at the international level that has expertise in international
environmental law and related issues. The Government also supports
individuals and relevant organisations having the opportunity
to be heard, with procedural rights of access to justice in environmental
matters.
23. But it is difficult to
see a fully fledged International Court for the Environment emerging
from Rio+20: such a body was an issue that was proposed by the
United Nations Environment Programme for discussions on broader
transformation within the international environmental governance
system that took place in 2010 ("the Nairobi-Helsinki process").
The idea received no support from any State participating in the
negotiations. Indeed, it was taken by many as an attempt to align
the international environmental system with the procedures of
the World Trade Organisation (where there is a binding dispute
settlement mechanism in place), and this was opposed vigorously
by a number of countries who see such mechanisms as an erosion
of their sovereignty, even if the findings of any such body would
not be legally binding on the States involved. Others see such
a Court as a manifestation of a very strong system of international
environmental governance, which they oppose, either because they
believe the focus needs to be on a wider and more balanced system
based on sustainable development involving social and economic
pillars as well, or simply that the current arrangements are adequate
and do not need reforming. There is consequently no appetite internationally
for such a Court and the Government believes that negotiating
efforts would be better directed towards those institutional reforms
that command greater support and therefore are more likely to
be part of any Rio+20 outcome.
24. Furthermore, mechanisms
currently in place do not preclude States from bringing environmental
cases against one another in appropriate circumstances: all multilateral
environmental agreements, the treaties that form the basis for
international environmental law, contain dispute settlement provisions
that enable their States Parties to take disputes either to the
International Court of Justice where they have accepted its jurisdiction
to hear those cases or to an arbitral tribunal, the findings of
which will be binding on both parties to the dispute; States can
also bring environmental cases to the International Court of Justice
based on relevant treaties and customary international law where
they accept the jurisdiction of that Court. However such disputes
are backward looking in that they concern past performance and
are seldom used because of their highly adverse political and
diplomatic impact, as well as their high resources (in terms of
Court fees, Counsel and preparatory requirements). An ICE would
have similar disadvantages. As a result, there are under many
multilateral environmental agreements compliance mechanisms that
seek to address non performance of obligations under the agreement
by a State Party, but in a non adversarial, non judicial and facilitative
manner; this process of peer review can be triggered by another
Party, the agreement's secretariat, or indeed the Party itself,
in the latter case often with a view to receiving capacity building
assistance to bring themselves into compliance.
25. The Government would also
like to draw the Committee's attention to proposals in Brazil's
written submission to the Rio process for the development of a
global convention based on Principle 10 of the 1992 Rio Declaration,
that, if ultimately successful, could afford procedural rights
to access to justice in environmental matters to individuals and
groups in countries that currently do not have such access, thus
meeting an element of the ICE Coalition's objectives.
26. Nevertheless, the ICE Coalition
has also been considering a more modest proposal, namely a relatively
informal mechanism for the arbitration and conciliation of disputes
relating to environmental matters with an international or transnational
element. In their view, such a body could well attract support
from distinguished lawyers, jurists and environmental experts
on a case by case basis, but would not require extensive or expensive
accommodation or infrastructure. Its aim would be to develop environmental
jurisprudence in a manner which would be fair both to potential
claimants (those concerned about environmental harm) and potential
defendants (those engaging in so-called 'polluting activities').
A key area for debate would be the extent and limits of legal
justification for such activities. Decisions would be declaratory
only but would be published. The Government would be open to considering
a Rio outcome that included such a mechanism. That mechanism could
build on the existing arrangements for international dispute settlement
by giving a more formal structure to those ad hoc arbitral tribunals
comprising of relevant experts that are formed to consider disputes
under existing multilateral environmental agreements. The Government
therefore looks forward to hearing further from the ICE Coalition
on the progress of their lobbying efforts with other States and
relevant international institutions on this alternative approach.
THE INSTITUTIONAL FRAMEWORK FOR SUSTAINABLE DEVELOPMENT
Recommendation 7. In any revision of the UN governance
machinery, form should follow function. The Government wants to
see how the existing UN machinery might be strengthened, including
the UN Environment Programme, before creating new bodies is contemplated.
That is a reasonable line to take, but the Government should not
insist on this if to do so would prevent agreement on more important
issues at Rio+20, including agreeing green economy principles
and possible new sustainable development and consumption 'Goals'.
(Paragraph 45)
27. We agree that the UN machinery
needs to be reformed. We will negotiate and be flexible as required
to ensure that Rio agrees successful outcomes. Our view is that
we need to determine what we want the institutional framework
to achieve, before working out how to deliver it, but that we
do not need new institutions.
28. The Prime Minister's global
governance report for the G20[6]
noted that current governance arrangements for the environment
and sustainable development are both cluttered (too many actors)
and siloed (actors pursuing their own agendas, with not much co-operation).
Greater coherence, efficiency, and better co-ordination are needed
to deliver better outcomes at a lower cost. The EU position is
set out in the Environment Council Conclusions of 10 October 2011[7],
which state that:
[THE COUNCIL OF THE EUROPEAN UNION]…
13. UNDERLINES the need to
strengthen IEG [International Environmental Governance] as a part
of the broader IFSD [Institutional Framework for Sustainable Development]
reform; REITERATES in this context the EU's proposal on the establishment
of a UN agency for the environment, based on UNEP, with a revised
and strengthened mandate, supported by stable, adequate and predictable
financial contributions and operating on an equal footing with
other UN specialised agencies, and that this agency should be
based in Nairobi; and LOOKS FORWARD to the views of other partners
on this issue;
29. Implementation of the outcomes
from Rio will need greater cooperation and coordination among
the key players and we will seek an outcome on institutional reform
that best delivers this.
UK PROPOSALS FOR RIO+20
Recommendation 8. The Government should focus
its efforts on working up its input to Rio+20 on a narrower but
important list of priorities for the Conference that they can
particularly champion. (Paragraph 51)
30. We agree on the importance
of a list of priorities. Government has considered this recommendation
and will make an announcement in due course.
SUSTAINABLE DEVELOPMENT - AT THE HEART OF RIO+20
Recommendation 9. It would be unrealistic to expect
the imperative for economic growth not to be high on the agenda
of many countries going to Rio+20, developing and developed. The
Government should resist any moves there might be to use the financial
situation to dilute the extent of the environmental and social
aspects of the green economy discussed at Rio+20. Rather, it should
emphasise at Rio+20 that environmental planetary boundaries will
ultimately limit the room for growth. (Paragraph 53)
31. Sustainable growth is essential
to raise living standards, improve wellbeing and to expand economic
and social choices. For economic growth to be sustained in the
long term the effects of climate change, and the value of natural
capital cannot be ignored. Making the transition to a green economy,
and what that green economy might look like, will vary between
countries. Each country needs to map out its own pathway. We need
to lay the foundations for sustainable growth - to safeguard and
deliver a more resilient economic recovery. With the global economy
still facing serious challenges from the financial crisis, we
need strong political will to generate and to implement sustainable
solutions.
32. At a national level, the
UK has set out the economic and environmental case for a green
economy, one which supports sustained economic growth while maintaining
the value of our natural capital, in 'Enabling the Transition
to a Green Economy: Government and business working together'.
There are strong arguments for moving to a green economy and taking
action now:
a) to avoid burdening future
generations with the costs of early inaction;
b) to help UK businesses take
advantage of new markets for environmental goods and services;
and
c) to demonstrate the strong
stance the UK is taking internationally to reduce carbon and tackle
climate change.
33. In February 2011 the Government
announced a package of measures to make sustainable development
central to the way government operates, under the banner of work
on 'mainstreaming sustainable development': from making policy,
to running buildings and purchasing goods and services. This is
being delivered through four work streams:
a) Enhancing ministerial leadership
and oversight;
b) Embedding sustainable development
into policy making;
c) Leading by example through
operations and procurement;
d) Transparency and independent
scrutiny.
UK INTERNATIONAL LEADERSHIP
Recommendation 10. Reflecting the commitment to
tackle global warming demonstrated through the Climate Change
Act, the Government could play a leading role internationally
in championing planetary boundaries and other environmental limits.
It could also use Rio+20 to showcase its work on valuing ecosystem
services, including its recent National Ecosystem Assessment.
(Paragraph 54)
34. The UK is committed to
strong international leadership on the environment. The Natural
Environment White Paper sets out our global ambitions, which are:
a) internationally, to achieve
environmentally and socially sustainable economic growth, together
with food, water, climate and energy security; and
b) to put the EU on a path
towards environmentally sustainable, low-carbon and resource-efficient
growth, which is resilient to climate change, provides jobs and
supports the wellbeing of citizens.
35. As mentioned above (paragraph
9) Rio+20 is one of a set of international meetings over a 12
month period which together offer us significant opportunities
to make progress on global challenges of growth, natural resources,
climate change, sustainable development and poverty eradication,
and to show leadership at home and internationally. These meetings
are the Durban climate change conference (concluded in December
2011), the Clean Energy Ministerial in London (March 2012), Rio+20
(June 2012), and the Hyderabad biodiversity conference (October
2012).
CIVIL SOCIETY ENGAGEMENT
Recommendation 11. Within the UK, it is important
that civil society is engaged. The Environment Secretary met NGOs
and civil society organisations earlier this month 'to share views
and inform the UK position' in preparing for Rio+20. That dialogue
must continue in the run up to Rio+20, at the Conference itself
and afterwards. But the Government now also needs to engage the
public more generally, and in imaginative ways, to get support
for the measures that need to be agreed at Rio and for their urgency.
(Paragraph 55)
36. The Government agrees that
for Rio+20 to be a success, a wide range of participants need
to be involved. Brazil is planning an event for business and civil
society in the four days immediately before the summit, and we
will encourage the participation of UK partners and work closely
with them in the run up to make progress on our agenda.
37. The Government actively
encourages engagement from Civil Society. The Secretary of State
for Defra has regular meetings with NGOs, including a roundtable
event in early October, where she led discussions on ambitions
for Rio+20, key themes and ideas to consider, the significance
of Rio+20, and the importance of political leadership. Defra will
repeat this engagement format between now and Rio+20.
HIGH LEVEL LEADERSHIP
Recommendation 12. Risks of challenging the Southern
countries' role on the Rio+20 agenda do not, and should not, prevent
the Government taking an appropriately strong leadership role
of its own. The Prime Minister should attend the Rio+20 Conference
in June, and make an announcement to that effect as early as possible,
to demonstrate the Government's commitment to the aims of th conference,
within the UK and beyond. And a 'special envoy' should be appointed
at the earliest opportunity, charged with bringing together Government
thinking on the Rio+20 agenda from across departments but also
acting as a focal point for discussion with and between civil
society groups, schools, businesses and individuals. The 'envoy'
should generate momentum and awareness ahead of Conference, and
then be the focal point for carrying forward its outcomes afterwards.
(Paragraph 59)
38. The Secretary of State
for Defra, Caroline Spelman, is leading UK preparations for Rio+20
in consultation with her Cabinet colleagues, and has committed
to attending. Who else attends, and the suggestion of a special
'envoy', will be decided upon in due course.
2 http://www.defra.gov.uk/environment/natural/whitepaper/
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3
http://www.number10.gov.uk/news/pm-launches-global-governance-report/
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4
http://www.businesslink.gov.uk/Horizontal_Services_files/Enabling_the_transition_to_a_Green_Economy__Main_D.pdf
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5
http://www.bis.gov.uk/news/topstories/2011/Feb/green-economy-council-formed
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6
http://www.number10.gov.uk/news/pm-launches-global-governance-report/
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7
http://register.consilium.europa.eu/pdf/en/11/st15/st15388.en11.pdf
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