Climate Institutions

Advisory Council

There are provisions for the nomination and appointment of members of the Climate Change Advisory Council and aspects of its operation. It also confirms a member holding office immediately before the Act, will continue to hold office until their term expires. The 2021 Act increases the Climate Change Advisory Council membership to 13 ordinary members.

There will be three ex-officio members on the Climate Change Advisory Council: the Director General of the Environmental Protection Agency; the Director of Teagasc, the Food Development Authority and the Director of the Irish National Meteorological Service, Met Éireann.

The Minister and Government must be satisfied when appointing members of the Climate Change Advisory Council that they have knowledge or expertise in one or more of the following ten areas:

• climate science;
• adaptation policy;
• transport policy;
• energy policy;
• agricultural policy;
• behavioural and communication science;
• biodiversity and ecosystem services;
• economics;
• finance; and
• political sociology or ethics in relation to climate.

Corporate Governance

There is also provision to ensure greater gender balance in future Climate Change Advisory Council membership. There are  staggered appointments and terms of office, and that some members will serve for 5 years while others will serve for 3 years.

The chairperson and ordinary members are eligible for reappointment, provided the total duration of membership does not exceed 10 years. If their term expires and they are not reappointed, they may continue as a member until the vacancy is filled.

Another member can chair a meeting in the absence of the chairperson, clarifies that each member will have a vote with decisions taken by majority, and that the quorum for a meeting will be 7 members.

The  Climate Change Advisory Council to establish a permanent advisory committee in relation to adaptation to be known as the Adaptation Committee.

Reporting to Government

The Climate Change Advisory Council is given new functions to propose to the Minister a series of carbon budgets. There is a list of plans, strategies or frameworks that the Climate Change Advisory Council can provide advice and recommendations on to the Minister, to other Ministers and to the Government.

The Climate Change Advisory Council is to prepare its annual report by 15 September each year. The report shall also review compliance with the carbon budget and with each sectoral emissions ceiling for that period, and provide recommendations the Climate Change Advisory Council considers necessary to comply with the sectoral emissions ceiling. The review of progress on carbon budgets and sectoral emission ceilings and any such recommendation on these matters will commence in 2022.

There is a list of plans, strategies or frameworks and other matters, including consideration of the carbon budgets and sectoral emission ceilings, to be included in any periodic review prepared by the Climate Change Advisory Council.

Minister Accountability

The Minister and other relevant Ministers will give an account annually to a joint committee, following publication of the Climate Change Advisory Council annual report. However Ministerial accounts to a joint committee will not have to include compliance with carbon budgets, sectoral emissions ceilings and proposed measures to address failures to comply until 2022.

The Minister will annually give an account to a joint committee on:

• national progress on the most recently approved climate action plan, including the polices and measures adopted under the plan;
• whether there has been an increase or reduction in greenhouse emissions based on the Environmental Protection Agency’s reports;
• compliance with the carbon budget and any measures envisaged to address any failure to so comply; and
• implementation of adaptation policy measures under the most recently approved national adaptation framework.

Other Ministers, with responsibility for relevant sectors, will attend a joint committee to give an account to the committee on:

• sector specific progress under the most recently approved climate action plan;
• whether there has been an increase or reduction in greenhouse emissions based on the Environmental Protection Agency’s reports;
• compliance with sectoral emissions ceilings and any measures envisaged to address any failure to so comply; and
• implementation of adaptation measures and measures envisaged where a sectoral adaptation plan has been prepared.

Ministers must respond to a report that a joint committee may prepare within 3 months of receipt of any such report.

Local Authority Responsibility

There are requirements for local authorities to prepare climate action plans for their respective administrative areas. Within 18 months of the enactment of the 2021 Act, the Minister will request each local authority to prepare, within a 12 month period, a local authority climate action plan, covering both mitigation and adaptation actions, and then subsequently at least once every five years.

The local authority climate action plan will, in so far as practicable, be consistent with the most recent approved climate action plan and national adaptation framework. In making the local authority climate action plan, a local authority will have regard to the most recently approved national long term climate action strategy; sectoral adaptation plans and Government policy on climate change.

A local authority will, when preparing its plan and its measures, consult and coordinate with adjoining local authorities and with its Public Participation Network, hold a public consultation on a draft of the plan and have regard to submissions received.

There are procedures as to how the plans will be adopted by each local authority. A plan shall have affect for a period of 5 years from date of approval. The Minister may issue guidelines to support the preparation of the plans which a local authority shall comply with. A  local authority shall publish the plan not more than 30 days after it is approved, and may also revise an approved plan at any time.

Public Sector Bodies

All relevant public sector bodies must  perform their functions in a manner consistent with: the most recently approved national climate plan; other strategies and frameworks set out in the Act; the furtherance of the national climate objective; and the objective of mitigating greenhouse gas emissions and adapting to the effects of climate change in the State.

In making a Development Plan, take account of its local authority climate action plan, where adopted.