Climate Plan 2015

2015 Legislation

Climate Action and Low Carbon Development Act 2015 was designed to provide for government planning in relation to climate change in order to transition to a low carbon environmentally sustainable economy by 2020.

The legislation provides for an unequivocal commitment  to existing or future obligations of the State under the law of the European Union (EU) and under any relevant international agreement. This includes in particulari the EU legislation relating to the  Emissions Trading Scheme which sets greenhouse gas mitigation targets for the period from 2013 to 2020,inclusive.

 The Minister for the Environment, Community and Local Government, is to prepare and submit to the government for approval a National Low Carbon Transition and Mitigation Plan and  a National Climate Change Adaptation Framework. These are designed to for the purpose of enabling the State to pursue, and achieve, the transition to a low carbon, climate resilient and environmentally sustainable economy by the year 2050. This is referred to as the‘national transition objective’’).

When considering a Plan or Framework for approval, the Government shall endeavour to achieve the national transition objective by the implementation of measures that are cost effective, having regard to any existing obligation of the State under EU law or any relevant international agreement as well as the ultimate objective of the United Nations Framework Convention on Climate Change, policy of the government on climate change, climate justice The existing obligations of the state and the most recent greenhouse gas emissions inventory and projections prepared by the EPA.

Climate Plans

The Minister for the Environment, Community and Local Government is to make, and submit to the Government for approval, a National Low Carbon Transition and Mitigation Plan within 24 months and not less than once every five years thereafter.

A National Mitigation Plan shall specify the manner in which it is proposed to achieve the national transition objective, taking into account any existing obligation of the State under EU law or any relevant international agreement. In particular, a National Mitigation  Plan shall specify the greenhouse gas mitigation policy measures to be adopted  by  the various Ministers of the Government.

Before making a National Mitigation Plan, the Minister for the Environment, Community and Local Government shall engage in a public consultation exercise and have regard to any submissions made pursuant to such an exercise.

The Government may approve a submitted National Mitigation Plan, with or without modifications, and may vary or revise a National Mitigation Plan at a later date. A National Mitigation Plan shall be laid before Dáil Éireann after it has been approved by the Government.

Adaptation Framework

The  Minister for the Environment, Community and  Local Government shall make, and submit to the Government for approval, a National Climate Change Adaptation  within 24 after legislation commenced which was to be reviewable not less than once every five years thereafter.

A National Adaptation Framework is to  specify the national strategy for the application of adaptation measures in different sectors and by a local authority in its administrative area for the purpose of reducing the vulnerability of the State to the negative effects of climate change and availing of positive effects of climate change that may occur.

Before making a National Adaptation Framework, the Minister for the Environment, Community and Local Government is to  engage in a public consultation exercise and have regard to any submissions made pursuant to such an exercise. The Government may approve a submitted National Adaptation Framework, with or without modifications, and may vary or revise a National Adaptation Framework at a later date. A National Adaptation Framework shall be laid before Dáil Éireann after it has been approved by the Government.

Sectoral Adaptation Plans

There are to be sectoral adaptation plans they are to be submitted to  the Government for approval,by relevant Ministers of the Government. The sectoral adaptation plans are to  specify the policy measures that would be required, having regard to the National Adaptation Framework, in order to enable the sectors concerned to adapt to the effects of climate change.

Before making a sectoral adaptation plan, the relevant Minister is to  engage in a public consultation exercise and have regard to any submissions made pursuant to such an exercise. The Government may approve a submitted sectoral adaptation plan, with or without modifications, and may vary or revise a sectoral adaptation plan at a later date.

Factors in Plan

In the making and approval of a National Adaptation Framework and a sectoral adaptation plan, account must be taken of a range of matters. These matters include the need to have regard to

• any existing obligation of the State under the law of the European Union or any international agreement and  any likely future adaptation commitments of the State;
• the need to promote sustainable development;
• the need to achieve the objectives of a national adaptation framework at the least cost to the national economy and adopt measures that are cost-effective and do not impose an unreasonable burden on the Exchequer;
• relevant scientific or technical advice;
• the findings of any relevant research on the effectiveness of mitigation measures and adaptation measures;
• where sectoral adaptation plans have been approved by the Government under section 6 , the most recent approved sectoral adaptation plans;
• where a national adaptation framework has been approved by the Government under section 5 , the most recent approved national adaptation framework; and
• any recommendations or advice of the Advisory Council.

Advisory Council

In performing their functions under the legislation Government may consult with the Expert Advisory Council. The  Minister for the Environment, Community and Local Government must consult with the Expert Advisory Council.

The legislation establishes the  National Expert Advisory Council on Climate Change on a day appointed by the Minister for the Environment,  Community and Local Government.

The Expert Advisory Council consists of a chairperson and between 8 and 10 ordinary members, 4 of whom shall be members comprising the Heads of the Environmental Protection Agency, Sustainable Energy Authority of Ireland, Teagasc, and Economic and Social Research Institute. The members shall be appointed by the Government, on the nomination of the Minister for the Environment, Community and Local Government.

In nominating and appointing the chairperson and ordinary members (other than the ex officio members), regard shall be had to the range of qualifications, expertise and experience necessary for the proper and effective performance of the functions of the Expert Advisory Council.

The Environmental Protection Agency shall provide the Expert Advisory Council with appropriate secretarial and administrative services and permit it to use its premises for the performance of functions.

Advisory Council Functions

The  Expert Advisory Council are to advise and make recommendations to the Minister for the Environment, Community and Local Government, a Minister of the  Government and the Government in relation to the performance of their functions under the Act, with particular regard to a National Mitigation Plan, a National Adaptation Framework and sectoral adaptation plans.

For the purposes of the performance of its functions, the Expert Advisory Council may gather such information as it considers necessary or appropriate and meet and consult with such persons as it considers appropriate.

They are to conduct an annual review of progress made in achieving greenhouse gas emission reductions and in furthering transition to a low carbon, climate resilient and environmentally sustainable economy by 2050.

Pursuant to such an annual review, the Expert Advisory Council shall prepare and submit to the Minister for the Environment, Community and Local Government an annual report on its findings and recommendations. The Expert Advisory Council shall publish this annual report directly not more than 30 days after submitting it to the Minister for the Environment, Community and Local Government.

The Expert Advisory Council shall, not later than 18 months after its establishment, conduct a periodic review of progress made in meeting the State’s greenhouse gas mitigation obligations under the EU’s Effort Sharing Decision of 2009 and in furthering the achievement of the transition to a low carbon, climate resilient and environmentally sustainable economy by 2050.

Subsequently, the  Expert Advisory Council may conduct a periodic review at any time it considers appropriate and/or at the request of the Minister for the Environment, Community and Local Government.

The Expert Advisory Council shall publish its periodic review report directly between 60 and 90 days after submitting it to the Minister for the Environment, Community and Local Government, who shall cause the report to be submitted to the Government.

Accountability of Minister

On an annual basis, the Minister for the Environment, Community and Local Government is to make a statement to Dáil Éireann providing, among other matters, an overview of the mitigation and adaptation policy measures required to achieve the national transition objection. In addition, each Minister of the Government with responsibility for sectoral mitigation measures shall be required to make, on an annual basis, a statement to Dáil Éireann on mitigation policy measures adopted to reduce emissions of greenhouse gases and on the effectiveness of those measures.

Each Minister of the Government with responsibility for a sectoral adaptation plan, as the Minister for the Environment, Community and Local Government considers appropriate, shall be required to make, on an annual basis, a statement to Dáil Éireann on sectoral adaptation policy measures adopted to adapt to the effects of climate change and on the effectiveness of those measures.

A relevant body shall, in the performance of its functions, have regard to, among other matters, the most recent National Mitigation Plan, National Adaptation Framework and sectoral adaptation plans. The relevant Minister may give a direction to a relevant body requiring it to prepare and submit a report specifying the measures that the relevant body has taken to comply

The Minister may also give a direction to a relevant body requiring it to adopt such measures as are specified in the direction for the purposes of compliance with the obligations. A relevant body is widely defined to include most government and public sector bodies.