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We've seen Al Gore's movie and read Sir Nicholas Stern's report — now it's
time for legislation. The Government has proposed a Bill to address climate
change, but will it produce a robust and viable framework for addressing
what Tony Blair describes as "the greatest long-term threat to our
planet", or will it prove to be another vague and vacuous exercise in
PR and politics?
The Government has indicated that "legislation will be introduced as soon
as Parliamentary time allows", although it seems likely that something
will be included in the next Queen's speech on Wednesday, November 15. We
are also told that "the widest possible debate across the country and
in Parliament" will be promoted, suggesting there is still a lot to
play for, both inside and outside Whitehall.
The Bill is partly a response to the Stern report, which reiterated what
scientists and economists on the International Panel on Climate Change have
been saying for several years: "Climate change presents very serious
global risks, and it demands an urgent response…it is the greatest and
widest-ranging market failure ever seen…" However, any Government
action could also be seen as a means of jostling for green political space
with the Conservatives, who have already produced their own Bill, apparently
with the support of Friends of the Earth.
Tony Blair has so far declined to comment on the content of the Bill, although
he did suggest it would have to be "practical and workable".
Various other vested interests inside Government will also have strong
views, especially at the Treasury. David Miliband, the Environment
Secretary, has taken the lead by outlining four key elements for the Bill:
(1) statutory endorsement of the Government's long term emissions reduction
goal of 60 per cent by 2050, along with interim reduction targets on a ten
yearly basis; (2) setting up an independent "carbon committee" to
advise the Government generally on its climate policy; (3) enabling powers
to provide more detailed mechanisms in secondary legislation; and (4)
improved monitoring and reporting arrangements (including to Parliament).
A legal blank canvas may seem like a good stepping stone towards addressing
what is obviously an extremely problem-packed and contentious global issue.
However, without more legislative "what" and "how" to
add substance to the "where", we could end up with a rather empty
measure that only takes up valuable legislative time while the "real
deal" has still to be properly formulated.
In some respects, the Bill will only cover old ground. The Climate Change and
Sustainable Energy Act 2006 came into force in August this year. It was
promoted as a private members Bill and places a duty on the Government to
report annually on the level of greenhouse gas emissions and the related
mitigation measures being taken in the UK.
The Office of Climate Change has recently been set up and, according to
Department for Environment, Food and Rural Affairs, will provide "a
shared resource for analysis and development of climate change policy and
strategy" across Government. It will function separately from the
Carbon Trust and the Climate Change Programme Office. The EU Emissions
Trading Scheme operates under existing enabling powers and already imposes
significant annual emissions reporting requirements on the UK.
What the Bill really needs is some legal bite. Long term binding targets
should be supported by intermediate milestones (perhaps on an annual basis),
so that the Government can be held accountable. Penalties could be imposed
on Ministers who fail to meet these targets. Detail on the delivery
mechanisms should not be left to secondary legislation, as this just
postpones the difficult decisions on allocating responsibilities.
An even more progressive approach would be for the independent climate change
body to operate in an analogous fashion to the Bank of England Monetary
Policy Committee, by setting emission reduction targets in the UK in the
same way that interest rates are now fixed. Such measures could have a real
impact in practice, though careful consideration would need to be given to
ensure tie-in with action at the European level so that impacts on
competition are minimised.
It can be expected that many of the financial impacts flowing from any new
legislation will fall on business. In making decisions, business is often
willing to accommodate new regulatory burdens provided the Government can
deliver a long term legislative landscape based on clarity and certainty.
However, such legislation in turn needs to be premised on cogent policy that
has sufficient public support. By contrast, legislation that is rushed
through without a firm policy foundation may only give rise to a Pandora's
box of legal risks and ineffective outcomes.
Climate change is now recognised as a hugely difficult and serious problem
which demands a comprehensive and substantive regulatory framework to
address the inevitable economic and environmental impacts. But new
legislation must be driven by a clear policy vision of what can and should
be done, and not by political short-termism. Hard political decisions are no
excuse for making soft law.
Michael Woods is head of the environment group at the international law
firm Stephenson Harwood
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Grandparents should be given a Consideration Law. If adoption or fostering of grandchildren is considered by parents or DCFS; grandparents should be given first choice of caring for their own blood. If the lawyers' decree, or courts are petitioned for grandchildren custody, visitation, or care, by the grandparents,the plan decided upon by parents initially must be followed by parents no matter what whim a parent may have at a later date. If a spouse has been charged with abuses of spouse or children, charged with killing anyone, sexual abuse, sexual preditor,or drugs; that parent will loose parental rights, and grandparents will be given first choice of rights. If grand parents don't want to do this, then DCFS can take over.
Dori Wright, Tooele, USA Utah