Combating climate change is a matter of politics, not a judicial matter for the courts, argues Peter McMaster
On 13 March 2007 the Prime Minister proposed the draft Climate Change Bill amid much fanfare. If enacted, the bill will require the government to ensure that in 2050 UK CO2 emissions are 60% lower than in 1990. The three pillars on which the structure of the bill rests are:
- Five-year periods during which CO2 emissions are to be progressively reduced to reach the 2050 target using carbon budgets.
- Measurement and reporting of progress towards reducing CO2 emissions and adapting to climate change.
- A Committee on Climate Change to advise and report on progress.
There is to be a legal duty to achieve emissions reductions; it is even said in the consultation material published with the bill that these are “legally binding policy commitments” and that a government that failed to stay within the targets would variously “be open to judicial review” and “could be required to take remedial action by order of court”.
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