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Climate Action and Low Carbon Development (Amendment) Bill 2021 | Second Stage Contribution

21 June 2021


I welcome this Bill and the opportunity to speak on this important topic. As we know, a climate emergency was declared by the Dáil in 2019 so all of us are very aware of the pressing urgency of tackling the climate emergency at national and international level. We have all seen the impact of the increasing number of extreme weather events on people across the world, including our own communities. We know we need to act in solidarity with other countries and communities but also to be mindful of the impact on our doorstep. Dublin City Council has calculated that over the past 15 years, the average annual sea level has risen by 6 or 7 mm per year compared with a projected rise of between 3 or 4 mm. This means that our own coastal communities in places like Ringsend, which is right on our doorstep, will face increased vulnerability if we do not act.

Aside from mitigating the significant risk of climate change, as others have said, taking positive climate action also means there will be positive benefits for us in terms of an upskilled workforce and climate-related funding from elsewhere, for example, the EU. Most importantly, we need to preserve our temperate climate and biodiversity and help our population live safer and healthier lives. The commitments in the Bill, particularly those relating to just transition and climate justice, are hugely important for all of us on many levels, including on environmental, social and economic levels. However, we are nowhere near there yet.

While the Labour Party welcomes this Bill, we must be mindful that Ireland is ranked very poorly in global terms. I am looking at the climate change performance index, which ranked us 39th out of 60 states this year and described us as a laggard. I know the Minister said he could not disagree with that ranking or our EU ranking of 19th position, which, again, is a very poor level. Major deficiencies have been identified, particularly in the way in which we are tackling emissions reduction. We are all mindful that our performance has not been strong despite previous legislation in this area. This Bill is not the principal legislation. The principal Act, as referred to in the Bill, is the Climate Action and Low Carbon Development Act 2015, a Labour Party initiative in government that was ground-breaking in its time and in respect of which this Bill will bring in important amendments and clearly strengthen. I very much welcome that.

I also welcome the cross-party process that has brought about the provisions in this Bill, namely, the 2019 recommendations of the Joint Committee on Climate Action, to which others have referred. It is unfortunate that we have seen debate curtailed in the other House and a Government approach to amendments that was not welcoming. I know that, as with any coalition Government, the provisions in the Bill are undoubtedly the result of a detailed series of compromises but it would be good to see a more open approach to amendments taken in this House.

I should say that I have a long track record of working on climate legislation. In 2007, when I was first elected to the Seanad having been a founding member of Friends of the Earth Ireland and a member of its first board, I brought forward a climate protection Bill drafted in conjunction with that very proactive NGO that would have imposed legally binding targets to reduce greenhouse gas emissions. That was at a time when we could say that climate action was not seen as such a mainstream concern. It was long before the school climate strikes took place.

I was amused to hear Senator Dooley refer to "tree huggers" as an affectionate term.

Even as recently as the early noughties, the term "tree hugger" was not used in an affectionate way and climate action was not seen as a pressing concern for legislators or all political parties. I commend the Minister and his colleagues in the Green Party, and others on a cross-party basis, who really pushed to change that perception of climate action and climate justice. Senator Pauline O'Reilly has been such a champion of climate action in this House.

I am of the view that an ideal Government is one that is able to combine what we might call red and green environmental protection values alongside social solidarity values from the political left. We need to see more of that in our legislation. In that regard, I very much welcome some of the core elements in this Bill that will put our long-term 2050 target into law by providing for regular targets requiring the Minister to produce an action plan, and providing for more robust accountability mechanisms. All of us are conscious that accountability is a key issue. As we know from our experience with the 2015 Act, it is not enough simply to bring in legislation. It is also is essential we see robust accountability and effective targets being set and met.

We will table amendments in respect of the definitions in the Bill, particularly those relating to climate justice. I want to refer to that aspect and to section 3. If there is one aspect of the Bill we can change and improve upon, then this is it. The definition of climate justice refers to "the requirement that decisions and actions taken to reduce ... emissions ... shall, in so far as it is practicable to do so, safeguard the rights of the most vulnerable persons". For many of us, that definition may weaken obligations in practice, in particular, by omitting reference to the need for global climate justice and having regard to matters of global solidarity. It is a concept made salient by Mary Robinson's recent book on climate justice and by her Mothers of Invention podcast. At one of the last events I attended before Covid-19 hit and we had the first lockdown, there was an absolutely inspiring speech by Mary Robinson on the global aspects and considerations for climate justice. That speech took place in Trinity College Dublin in March 2020.

We need to ensure that any definition of climate justice is strong enough that it shores up the commitments contained in the Bill. There remains a question as to whether the definition being too weak may undermine other provisions in the Bill. I know that there was discussion in the Lower House as to whether we should delete the definition if it has a weakening effect. We will need to take time on Committee Stage to consider that aspect.

In terms of other areas in respect of we should constructively work to improve the Bill, many of us would be mindful of concerns, following the recent High Court judgment in a case taken by Friends of the Irish Environment, as to the Government's status. The court found that the Government is not a relevant body under the 2015 Act. As a result, we need to look at whether an amendment is necessary to rectify the position in that regard. I know Friends of the Irish Environment and Friends of the Earth have both pushed on this issue.

Just transition is a concept that is absolutely central to a Labour and social solidarity understanding of climate protection measures. On just transition, we need to look how we can strengthen the commitments in the Bill. We need to ensure that investment to address our climate emissions and meet our targets also takes account of the need to bring people with us and to protect employment and communities. We need a flexible and accessible skills and education system to meet the needs of a net-zero economy and address inequalities where transitions are occurring. Improving energy efficiency of the housing stock is an opportunity to do this. We are all aware of that. Investment to restore peatlands, fund urban tree planting and for woodland management are all ways in which we can enjoy just transit transition and ensure that communities are not hit in terms of employment opportunities for all.

I want to finish by again welcoming the commitments within the Bill and the manner in which it strengthens and builds upon the principal Act of 2015. We need to strengthen the language in the Bill around global climate measures. We must ensure that bodies like the Climate Change Advisory Council are resourced and empowered to take meaningful action and that the Bill will be effective in delivering emissions reductions and an improvement in our record as a country on tackling climate. The goals in this Bill should also not be seen as a ceiling on or an upper limit to our aspirations.

There is always a tendency when there are targets in a Bill on any subject for them to become the height of our aspiration, which reduce or lower our aspirations and ambitions. We must ensure that is not the case with this important Bill.

I commend all those who attended the school strikes for climate. I was delighted to bring my daughter out on them before Covid hit. Those strikes, along with the actions of many people and the work of many activists over many years, helped to bring us to a position where this Bill is now seen as an urgent matter for all legislators and policymakers, whatever our political views and parties. I look forward to working with the Minister and his colleagues, as well as colleagues across the House, on a constructive basis to ensure meaningful and effective climate action legislation is brought into effect and that, going into the future, action is taken on foot of the legislation to meet our climate targets.