Joint Committee On Human Rights Twenty-Third Report


12 Domestic Tradable Quotas (Carbon Emissions) Bill

Date introduced to the House of Commons

Current Bill Number

Previous Reports

7 July 2004

House of Commons 136

None

12.1 This Bill would establish a system for regulating carbon emissions. It would set a national limit for emission of greenhouse gasses each year—the "carbon budget" (clause 3). Within this "carbon units", allowing for prescribed levels of emissions, would be allocated (clause 4). Carbon units would be allocated automatically to individuals. "Eligible organisations" would then be permitted to buy the remaining carbon units, which would be sold by auction. Carbon units would be used up whenever prescribed fuels or electricity were purchased (clause 6). Carbon units could also be traded, and a commission would be appointed under clause 6 (2) which would regulate this trade and provide for licensing of brokers in the transfer of carbon units.

12.2 The scheme established by the Bill, in limiting fuel emissions for all organisations and individuals, and in requiring organisations and individuals to pay for fuel use beyond these limits, would be likely to amount to a control on the use of property under Article 1 of Protocol 1 ECHR. This interference with property rights would, in our view, be likely to be justified in the public interest, provided that regulations under the Bill allowed for the operation of the scheme in a proportionate and non-discriminatory manner.


 
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