Climate Change Bill [HL]
REVISED
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
IN COMMITTEE
The amendments have been marshalled in accordance with the Instruction of 29th November 2007, as follows—
Clauses 1 to 26
Schedule 1
Clauses 27 to 38
Schedule 2
Clauses 39 to 41
Schedule 3
Clause 42 | Schedule 4
Clauses 43 to 51
Schedule 5
Clauses 52 to 55
Schedule 6
Clauses 56 to 71 |
[Amendments marked * are new or have been altered]
Amendment
No.
| | LORD TEVERSON
LORD REDESDALE |
| 1 | Insert the following new Clause— |
| | It is the objective of this Act that the United Kingdom play a fair and equitable part in the international effort to limit global average temperature rise to not more than 2 degrees celsius above pre-industrial levels." |
| | LORD TAYLOR OF HOLBEACH
EARL CATHCART |
| 2 | Insert the following new Clause— |
| (1) | The principal aim of this Act is to ensure that UK emissions of greenhouse gases do not exceed the level necessary to contribute to limiting the global average temperate increase to not more than 2 degrees celsius above pre-industrial levels. |
| (2) | The functions under this Act must be exercised with the objective of achieving the principal aim of this Act." |
| 3 | Insert the following new Clause— |
| | "Principal purpose of the Act |
| (1) | The principal purpose of the Act is to ensure that the United Kingdom limits its cumulative carbon dioxide emissions from the passing of this Act until 2050 to no more than a fair share of global emissions compatible with reducing the risk of dangerous climate change to an acceptable level. |
| (2) | The Prime Minister shall report to Parliament on what level of risk of dangerous climate change he believes to be acceptable, along with his reasoning, and this level must be approved by Parliament before 28th February 2009. |
| (3) | It is the duty of the Prime Minister and all Secretaries of State to act in a manner consistent with meeting the purpose in subsection (1). |
| (4) | It is the duty of the Committee on Climate Change to carry out its function in a manner consistent with meeting the purpose in subsection (1). |
| | "a fair share of global emissions" shall be calculated according to— |
| (a) | any agreement made by the Government as a result of international climate negotiations; or |
| (b) | in the absence of such agreement, according to the model used by the Royal Commission on Environmental Pollution's 22nd Report, "Energy - the Changing Climate" to determine what proportion of global emissions the UK is entitled to emit; |
| | "dangerous climate change" shall mean a rise in global average temperature of no more than two degrees celsius above pre-industrial levels." |
| | LORD TEVERSON
LORD REDESDALE |
| 4 | Page 1, line 5, leave out "Secretary of State" and insert "Prime Minister" |
| | LORD CRICKHOWELL
EARL OF CAITHNESS |
| 5 | Page 1, line 5, leave out "ensure" and insert "develop policies and take measures, including the setting of five year targets and budgets, with the object of ensuring" |
| 6 | Page 1, line 5, leave out "net UK carbon account" and insert "quantity of UK greenhouse gas emissions released to the atmosphere" |
| | LORD TEVERSON
LORD REDESDALE
LORD CAMPBELL-SAVOURS
LORD BISHOP OF SALISBURY |
| 7 | Page 1, line 6, leave out "60%" and insert "80%" |
| | BARONESS MILLER OF CHILTHORNE DOMER |
| 8 | Page 1, line 8, at end insert— |
| "(3) | The 2050 target must be met by emissions reductions achieved within the UK." |
| 9 | [Re-tabled as amendment 11A] |
| 10 | Insert the following new Clause— |
| | "Review by the Committee on Climate Change of the percentage specified in section 1(1) |
| (a) | as soon as possible after the passing of this Bill, consult the Committee on Climate Change as to whether the percentage specified in section 1(1) should be increased as a consequence of developments in scientific knowledge since June 2000 (the date of the Royal Commission on Environmental Pollution's 22nd Report, "Energy—the Changing Climate"), and |
| (b) | lay before Parliament the recommendations of the Committee on Climate Change, together with a statement of the Government's response." |
| | LORD TAYLOR OF HOLBEACH
EARL CATHCART |
| 11 | Insert the following new Clause— |
| | "Duty to set new target for 2050 |
| (1) | It is the duty of the Committee on Climate Change established under Part 2 to recommend to the Secretary of State within six months of its constitution a new target for the minimum percentage by which the net UK carbon account for the year 2050 must be lower than the 1990 baseline. |
| (2) | It is the duty of the Secretary of State as soon as practicable after the making of a recommendation under subsection (1) to lay it before both Houses of Parliament and make a resolution for its approval. |
| (3) | On the approval of a recommendation under subsection (2), the Secretary of State must make an order amending the percentage specified in section 1(1)." |
| 11A* | Page 1, line 12, at end insert— |
| "(c) | amend the definitions as in subsection (5) of section (Principal purpose of the Act)" |
| | LORD TAYLOR OF HOLBEACH
EARL CATHCART |
| 12 | Page 1, line 12, at end insert— |
| "( ) | Those powers may only be exercised— |
| (a) | if a recommendation to make an order under this section is made by the Committee on Climate Change; |
| (b) | if the recommendation is approved by a resolution of both Houses of Parliament; |
| | and they must be exercised as soon as practicable after a recommendation is so approved. |
| ( ) | The Secretary of State must, as soon as practicable after the making of a recommendation by the Committee on Climate Change, lay the order before both Houses of Parliament and table a resolution for its approval." |
| 13 | Page 2, leave out line 1 and insert "The Committee on Climate Change may only make a recommendation to make an order under subsection (1)(a)" |
| 14 | Page 2, line 1, after "(1)(a)" insert "and (c)" |
| | LORD TAYLOR OF HOLBEACH
EARL CATHCART |
| 15 | Page 2, line 2, leave out "Secretary of State" and insert "Committee on Climate Change" |
| 16 | Page 2, line 19, leave out from beginning to "that" in line 20 and insert "The Committee on Climate Change may only make a recommendation to make an order under subsection (1)(b) if it appears to the Committee" |
| | LORD TAYLOR OF HOLBEACH
EARL CATHCART |
| 17 | Insert the following new Clause— |
| | "Statements of compatibility with Climate Change Act |
| (1) | A Minister of the Crown in charge of a Bill in either House of Parliament must, before the Second Reading of the Bill— |
| (a) | make a statement to the effect that in his view the provisions of the Bill are compatible with the principal aim of this Act ("a statement of compatibility"); or |
| (b) | make a statement to the effect that although he is unable to make a statement of compatibility, the government nevertheless wishes the House to proceed with the Bill. |
| (2) | The statement must be in writing and be published in such manner as the Minister making it considers appropriate." |
| | LORD TAYLOR OF HOLBEACH
EARL CATHCART
DUKE OF MONTROSE |
| 18 | Page 2, line 34, at end insert— |
| "( ) | The Secretary of State must publish the advice of the Committee on Climate Change not later than one calendar month after receiving it." |
| | LORD TEVERSON
LORD REDESDALE |
| 19 | Page 3, line 3, leave out "Secretary of State" and insert "Prime Minister" |
| 20 | Page 3, line 4, leave out "five" and insert "three" |
| 21 | Page 3, line 5, leave out "2008-2012" and insert "2008-2010" |
| 22 | Page 3, line 6, after "budget")," insert— |
| "(aa) | to set a target for the reduction in the net UK cabon account over a 12 month period every 12 months," |
| | LORD TAYLOR OF HOLBEACH
EARL CATHCART |
| 23 | Page 3, line 6, after "budget")," insert— |
| "( ) | to set within each of the five years within a budgetary period an annual amount for the net UK carbon account (the "annual target"), |
| ( ) | to set in every calendar year until 2044 an annual amount for the net UK carbon account for the year six years ahead (the "rolling annual target")," |
| 24 | Page 3, line 8, at end insert "and for any year does not exceed the annual target" |
| | BARONESS MILLER OF CHILTHORNE DOMER |
| 25 | Page 3, line 8, at end insert ", and |
| (c) | to ensure that the number of carbon units credited to the net UK carbon account for each year of a budgetary period does not exceed 30% of the difference between the 1990 baseline and the annual equivalent of the carbon budget." |
| | LORD CRICKHOWELL
EARL OF CAITHNESS
LORD TEVERSON |
| 26 | Page 3, line 8, at end insert— |
| "( ) | In the event of the net UK carbon account for a budgetary period exceeding the carbon budget the Prime Minister must, within three months, prepare a compliance action plan so that the shortfall is made up in the following commitment period, or identify other compensating actions to remedy the failure, after consultation with the Committee on Climate Change." |
| | BARONESS MILLER OF CHILTHORNE DOMER |
| 27 | Page 3, line 8, at end insert— |
| "( ) | The first three carbon budgets may not be met using a number of carbon credits from outside the United Kingdom that is equivalent to more than 30% of the carbon budget for that period." |
| | LORD TEVERSON
LORD REDESDALE |
| 28 | Page 3, line 11, leave out "2008-12, 2013-2017 and 2018-2022" and insert "2008-2010, 2011-2013, 2014-2016, 2017-2019 and 2020-2022" |
| | LORD TAYLOR OF HOLBEACH
EARL CATHCART |
| 29 | Page 3, line 14, at end insert— |
| "( ) | A carbon budget may contain amounts for particular sectors of the economy." |
| 30 | Page 3, line 14, at end insert— |
| "( ) | A carbon budget, an annual target or a rolling annual target may only be set by the Secretary of State if— |
| (a) | it is in accordance with a recommendation made by the Committee on Climate Change; and |
| (b) | the recommendation is approved by a resolution of both Houses of Parliament." |
| 31 | Page 3, line 14, at end insert— |
| "(3) | It is the duty of the Secretary of State— |
| (a) | to publish indicative amounts for the UK carbon account for each year of a budgetary period which in his opinion represent the optimum way to ensure the budget for that period is not exceeded; |
| (b) | to ensure that each annual statement to Parliament in section 12(1) includes an assessment of progress made in meeting the indicative amount for the appropriate year. |
| (4) | The indicative amounts in subsection (3)(a) may be published at any time after a carbon budget has been set, and must be set— |
| (a) | for the period 2008-12, before 28th February 2009; |
| (b) | for any later period, before the relevant budgetary period commences. |
| (5) | The assessment in subsection (3)(b) may include any calculation that, in the opinion of the Secretary of State, would allow the assessment to take account of variation in weather or average temperature in any one year, provided that the methodology for this calculation is also published." |
| | LORD TEVERSON
LORD REDESDALE |
| 32 | Page 3, line 14, at end insert— |
| "( ) | The carbon budget for a budgetary period must include targets for reducing the net UK carbon account across all Government departments and sectors of industry. |
| ( ) | Government departments and sectors of industry must be required to report on the targets set out in subsection (3) above." |
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